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Service Dog Laws – Know your rights
Do you know what to do and say when you are traveling with your Service Dog?
Taking the step to adopt and train a service dog is tough work. The bond a handler and a service dog develops is one of the deepest and most meaningful relationships that exist.
A challenge many service dog handlers face is how to travel and enter public spaces with their service dog. Especially at places with a no-pet policy. Restaurants, hotels, and airports are typically better informed about service dog laws. However, places like the beach, movie theaters, and schools are less informed about service dog rights. It also brings up specific questions that may be hard to answer.
- Is my service dog required to wear a vest?
- What if my service dog is denied access?
The most important step is to understand service dog laws clearly. We have included a few tips on how to handle and work with hostile employees who are aggressive or ignorant about your service dog.
Service Dog Question #1- What should I say when an employee asks me about my service dog?
The first step is to assess if the person is aware of service dog rules and regulations.
- If they are aware of service dog rights, simply inform them that you are traveling with a certified service dog, and confirm the task your service dog provides. Thank them for asking politely and proceed with your day.
- If they are not aware, show them your service dog certification or license. Inform them that your dog is a trained service dog and has public access rights. Let them know that your dog will not interrupt business practices and will remain by your side, as permitted by federal law.
- If they remain hostile towards your service dog and deny you access, refer them to Service Dog Certifications for more information on service dog laws. Let them know that they are violating your rights and are openly discriminating against your disability by preventing you access. Ask them to speak to their manager and stay firm but calm and polite. By staying firm and helping them understand service dog rights, you are helping other service dog handlers avoid negative confrontations in the future.
Service Dog Question #2- Do I need a Service Dog vest?
- A convenient way to avoid this issue is to order a service dog vest for your service dog. This will help communicate visually that your dog is not a pet and is a trained service dog. This may help eliminate some verbal confrontations as there is a visual indicator that your dog is a service dog. This is particularly helpful for people suffering from PTSD, social anxiety, or any invisible disabilities.
- If you choose not to have your service dog wear a service dog vest, that is your legal right. Some people choose not to have their service dog wear a vest because it is uncomfortable for the dog and distracts them from performing their task. Others choose not to have their service dog wear a vest because they are not comfortable with broadcasting that they have a disability. Remember, not all disabilities are visible and no one should be judged for trying to improve their lives. If the person you are speaking to demands that your dog wears a service dog vest, inform them that you choose not to have your service dog wear a vest but that you have your service dog certification or identification to share with them.
- If they continue to insist that your service dog wear a vest, inform them that the ADA does not require your service dog wear a vest and even specifically prevents companies from requiring this. Ask the person to speak with their manager or refer to service dog rights on Service Dog Certifications.
Service Dog Question #3- People are provoking my Service Dog, can the property ask us to leave?
Your service dog needs to be in your control at all times and cannot bark or cause a disturbance in public. However, the ADA also specifically states that a service dog may respond by barking if provoked and is not deemed a disturbance if the barking was provoked. If this is happening to you, inform a store employee that your service dog is being harassed and request they assist you. Examples of provoking include:
- Aggressively staring at your dog
- Touching your service dog without permission
- Whistling and talking at your dog in a menacing way
Service Dog Question #4- Can a person ask me why I need a service dog if I am not blind or in a wheel chair?
No one is ever allowed to ask you specifically about your disability. They may only ask you two questions regarding your Service Dog.
- Is that a service dog (if you choose not to have your SD wear a vest)?
- What service(s) does your service dog provide? (They may not ask you to demonstrate your dog’s service)
Service Dog Question #5- Should I carry a service dog license?
You are not legally required to have a Service Dog Licensed, Registered, or Certified. Many handlers prefer to carry one to avoid harassment while out in public. Unfortunately, service dog rights are not common knowledge and people often assume your dog is NOT a service dog unless you carry a Service Dog identification card. You may choose to order one and register your service dog to avoid confrontations with ignorant store employees.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
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Did anyone answer you. I’m in the same situation. I’ve been here 2 years and I’m now being told I have to move because I can’t have a dog over 15 lb in the park. New neighbors are complaining everyday about him being here. He has been here 2 years with no problems. He is a certified seizier dog. Help
If a child has allergies and/or a diagnosed PTSD fear of dogs is already on an elevator, what moral and legal responsibilities should the service dog owner have. If the child goes into a panic state should the service dog owner disregard the terror the child is going through because their disability is more important then the child’s? Can the service dog owner demand or order the terrified child who was already on the elevator to get off?
In un a mental crisis facility and they’re not allowing me to take my service dog outside to potty this time cuz they have a concrete patio with chairs that’s outside but enclosed. I was here christmas last year and they let me take her out then. If she is hurt from not being able to go potty out front on grass with security watching like they allowed me last visit what’re my recourses? Can i sue for vet costs if her bowel bursts or she gets an obstruction and for emotional damages since it is making my illness worse not being able to care for my dog properly?
Would this by chance have happened at an Erie, PA Crisis facility?
I’m asking because I have had a similar situation with my service dog.
I have an ADA register service dog how many nationally recognized owner of my service dog I’m a disabled honorably discharged American Veteran and my ex-girlfriend is refusing to let me have my service dog which is actually according to Ada on medical apparatus the local police department here in Tonawanda New York refused to help me get my dog back what do I do
Can you contact a JAG officer for help? I’m not sure but it seems as though they might help if it’s a service-connected disability. You might want to check. Is the dog registered as yours through a service dog registry? If so, that might be enough to prove he belongs with you. I’m not an attorney, this is just my opinion. I’m sorry your ex seems to be a witch.
Im sorry for your loss of service dog . You are in the middle of a custody battle and you will need to get a lawyer. Good luck in your results.
Can my children have a service dog for Autism S her dog helps her to face the world and exercise as normally she would be in fear and not go out T all
Yes. My son has Autism and has had a service dog for four years to face the world. We got a prescription from our neurologist. Talk to your neurologist or doctor if a service dog is a good fit for your child. (Our son loves dogs, so it has worked for us.) Our son can now go out to stores, sit in church, and generally happier out in the world. I hope it works out for you!
Hi i haver service dog and i live in a apartment in san diego been here for 3 years now . Suddenly my new manager is saying people are complaining about my dog barking for 30 minutes or more which is total BS! My dog only barks when someone’s at our door or someone she doesnt know walking by but only for a few second no more then a minute . my manager sent me a email saying my service dog will be revoked because of it barking and wants to send out animal control to see our dog . I dont know all my rights but is this illegal ? I need help please and thank you.
That is not legal. Most communities have a guideline for nuisance barking to be defined as 5 minutes continuous barking with less than one minute of interruption. You should be confident that if they call animal control, they will determine there is not a problem. Provoked barking is a desired attribute and is normal. A dog should alert its owner to the presence of a visitor or intruder.
I was at a coffee shop and service dogs are always allowed here. The young woman I saw with a service dog had a baby in her arms. The young woman stood up and was talking to her baby and her service dog stood up also. The young woman put her foot on the service dogs head and pushed the dog down forcefully.
I’m wondering if this is legal or not!
I would never treat my dog this way. I qualify for a service dog but I can’t afford the cost to get one.
Yes
What if your service dog pees on a pole in Menards lawn & garden area? Can they ask you to leave the store?
No, just offer to clean it up. Accidents happen, just as if we were a child. They wouldn’t ask a parent to remove their child. A service dog is a medical device.