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ADA Service Dog Laws
Service dog handlers are afforded specific rights and protections under the Americans with Disabilities Act (ADA). Every service dog handler needs to understand their legal rights and how to exercise them. It is also important for staff members at establishments such as restaurants, stores, hotels, schools, and other public locations to understand how they can properly verify a service dog without running afoul of ADA rules. In this article, we will explain what rights service dog handlers have under the ADA, how an animal companion qualifies as a service dog, and what staff members at public establishments are permitted and not permitted to ask a service dog owner. Here’s an overview of the questions answered:
- 1. What is a service animal?
- 2. How does the ADA define a disability?
- 3. What disabilities qualify for a service dog under the ADA?
- 4. Where are service dogs allowed?
- 5. Can I board flights with my service dog?
- 6. What questions am I allowed to ask a service dog owner?
- 7. Do I need a professional trainer to train my service dog? Can I train my service dog myself?
- 8. Which dog breeds can be service dogs?
- 9. Are emotional support animals the same as service animals?
- 10. When can a business ask a service dog and its handler to leave an establishment?
- 11. Do I need a vest, ID card, or special harness for my service dog?
- 12. How do I certify or register my service dog?
- 13. My city requires dogs to be registered and licensed. Are service dogs exempt?
- 14. My city requires that dogs be vaccinated. Is that applicable to service dogs?
- 15. Can a service dog be off leash?
- 16. Can a restaurant or hotel force my service dog to remain in a certain area?
- 17. Can a hotel charge me for staying with a service dog?
- 18. Are service dogs allowed in self-service restaurants, such as buffets?
- 19. Are restaurants required to allow service dogs to be seated on chairs or be fed at the table?
1. What is a service animal?
Trained dog: The ADA defines a service animal as a dog that is individually trained to do work or perform tasks for someone with a disability.
Training can include a variety of tasks such as alerting people who are deaf, guiding people who are visually impaired, calming a person during an anxiety attack, reminding people with psychiatric conditions to take medications, or protecting a person who is experiencing a seizure.
Psychiatric service: Service dogs that assist with mental and emotional health issues or learning disabilities are called psychiatric service dogs (PSDs). Psychiatric service dogs are a type of service dog and have the same rights as service dogs that assist people with physical disabilities. All references to “service dogs” in this article include psychiatric service dogs.
Training is not one-size-fits-all. Service dogs are remarkable canines capable of a wide range of tasks that help make independent living possible for their handlers; they undergo specialized training to learn tasks that mitigate the difficulties caused by the specific disabilities of their handler. Service dogs are working animals – not pets.
2. How does the ADA define a disability?
Definition: Under the ADA, a person with a disability has a “physical or mental impairment that substantially limits one or more major life activity.” This includes individuals who are regarded as having a disability even if their disability is not physically visible (i.e., mental health conditions and learning disabilities).
Additional rights: In addition to the ADA, owners of service dogs have rights under the Fair Housing Act (FHA), Air Carrier Access Act (ACAA), and various state laws.
3. What disabilities qualify for a service dog under the ADA?
Assessing qualification: In the context of the ADA, “disability” is a legal term, not a medical one, and has a specific definition: an impairment that substantially limits at least one major life activity. A disabled person can also be someone who has a history or record of such an impairment or a person who is perceived by others as having such an impairment. Thus, it is up to individuals and their licensed healthcare professionals to assess whether this qualification is met.
There’s no list: The ADA does not specifically list out every type of impairment that qualifies as a disability. The disability can be a physical disability, such as blindness or impaired mobility, or it can be an invisible disability in the form of a mental condition, such as PTSD, depression, or anxiety.
4. Where are service dogs allowed?
In public: Businesses, nonprofit organizations, and state and local governments that serve the public are generally required to allow service dogs to accompany people with disabilities in any areas open to the public. This would include restaurants, grocery stores, retail stores, hotels, office buildings, school campuses, parks, and other establishments open to the public.
In the sky and at home: Service dogs can also board the cabin of airplanes with their owners without having to pay a pet fee. Service dogs also have housing rights: They are allowed to live with their owners free of charge or deposits, even in buildings that prohibit pets.
5. Can I board flights with my service dog?
The rules: Service dogs (including psychiatric service dogs) are allowed to board flights with their owners, free of charge. The US Department of Transportation implemented new regulations in early 2021 that effectively ended the ability of emotional support animals to board most US flights. However, the DOT affirmed the right of service dogs and psychiatric service dogs to board flights in the cabin. Flights to, from, and within the US fall under the scope of these protections.
What you have to do: Airlines cannot charge fees for service dogs to board, but, to fly with a service dog, the passenger must submit a completed DOT Service Animal Transportation Form to the airline before boarding. The form requires the service dog handler to self-certify that they have a trained service animal. It also requires the name of the dog’s trainer (which can be the handler) and the name (but not the signature) of the dog’s veterinarian.
For a complete guide to flying with a service animal or psychiatric service animal, check out this helpful article.
6. What questions am I allowed to ask a service dog owner?
Allowed: The staff or employees at a public establishment such as a restaurant, bar, store, hotel, office building, or school may only as two limited questions if and only if it is not obvious what service the dog provides:
- Is the dog a service animal that is required because of a disability?
- What work or task has the dog been trained to perform?
Not allowed: The staff member cannot require a doctor’s note, inquire about the handler’s disability, ask for an identification card or training certificate, or demand medical documents.
In addition, staff members are not permitted to ask the handler to have their service dog demonstrate its ability to perform work for the owner. It is also important to note that the two questions above are only allowed if the disability is not apparent. For example, if the service dog is being used as a guide dog for a blind person, it would not be appropriate to interrogate them about their service dog.
7. Do I need a professional trainer to train my service dog? Can I train my service dog myself?
The choice is yours: ADA service dog rules do not require that service dog handlers use a professional trainer. To make your dog a service dog, you do not need to complete any specific training program. Service dog handlers are allowed to train their dog themselves without the help of a professional trainer or training program.
Timing: Service dog owners should note that under ADA rules, service dogs in training are not yet considered to be service animals. That means that before a service dog owner can enjoy all of the rights afforded to service dog owners under the ADA, their dog must be fully trained to perform the task that assists with the handler’s disability. However, some state and local laws may give rights to dogs that are still in the training stages.
8. Which dog breeds can be service dogs?
Under ADA rules, a service dog can be of any breed. A public establishment or landlord is not allowed to prohibit entry for a service dog solely based on its breed. The service dog may be asked to leave the premises if it is not under the control of the handler or acts in a way that threatens the health and safety of others. However, staff members and landlords at an establishment or apartment complex cannot ask a service dog to leave simply because they are afraid of the dog solely due to preconceived notions about the dog’s breed.
ADA rules also take precedence over local rules regarding breed restrictions. For example, if your city bans a certain dog breed, that ban cannot be categorically applied to service animals.
9. Are emotional support animals the same as service animals?
No, emotional support animals, or ESAs, are not the same as service animals. The ADA does not protect dogs who solely provide emotional support or comfort as service animals. Unlike service dogs, emotional support animals do not require any special training.
Emotional support animals are intended to provide support for mental and emotional disabilities through companionship. ESAs have more limited access rights than service dogs. Emotional support animals are allowed in residences and on flights but do not have a right to be in places such as stores, hotels, or restaurants that prohibit pets the same way service dogs do.
That does not mean a service dog cannot assist with a psychiatric condition. For example, a service dog can be used to remind depressed individuals to take their medication. Or, for someone with anxiety, a service dog can be trained to sense an impending anxiety attack and take actions to prevent the attack or minimize its impact. However, if a person with anxiety is just using the dog’s companionship as a source of comfort for their condition, the animal would not qualify as a service dog.
10. When can a business ask a service dog and its handler to leave an establishment?
A disabled person with a service dog can only be asked to remove their animal from the premises in very limited circumstances. It is appropriate for staff members to ask a handler to remove their service dog if the dog is out of control or the dog is not housebroken. A service dog handler may also be asked to leave if their service dog’s actions threaten the health and safety of other people.
It is not appropriate to ask a service dog to leave due to allergies or a fear of dogs. Under ADA guidance, if someone is allergic to a dog and needs to share space with a disabled person and their service dog, both people should be accommodated by assigning them, where possible, to different locations within the room or facility.
11. Do I need a vest, ID card, or special harness for my service dog?
The ADA does not specify requirements for items such as vests, ID cards, or special harnesses. However, many service dog owners utilize these accessories as helpful tools that signal to the public that their dog is a service dog. By using a service dog ID card, vest, or harness, service dog handlers can clearly indicate to members of the public that their dog is on duty and should not be disturbed. These accessories help to set proper boundaries so handlers can avoid invasive inquiries and interactions.
12. How do I certify or register my service dog?
Service animals do not need to be certified or registered to qualify as service animals. Employees and staff are not permitted to require documentation from a handler that the animal is certified, trained, or licensed as a service animal as a condition for entry.
Some service dog owners will certify or register their dogs through an organization to help notify others that their animal is a service dog. However, these documents are optional and do not by themselves convey legal rights under the ADA.
13. My city requires dogs to be registered and licensed. Are service dogs exempt?
No, service dogs are not exempt from local registration and licensing requirements that apply to all dogs. This is different from organizations that register and license dogs as service animals. As discussed earlier, these organizations do not confer any official status on service dogs; their services are optional. If your city, however, requires all dogs to be licensed and registered, your service dog must also comply.
14. My city requires that dogs be vaccinated. Is that applicable to service dogs?
Yes, service dogs are not exempt from local rules regarding animal control and health. If your city requires vaccinations for all dogs, then your service dog must also comply.
15. Can a service dog be off leash?
Under ADA rules, a service dog must always be under the control of its handler and must be tethered, harnessed, or leashed unless the handler’s disability prevents them from using these items or these items interfere with the dog’s ability to safely and effectively perform its tasks. In situations where a tether, harness, or leash is not suitable, the handler must maintain control of their service dog through voice, signal, or other means of control. An establishment can ask a handler to remove their service dog from the premises if the handler does not have control of their animal.
16. Can a restaurant or hotel force my service dog to remain in a certain area?
No, under ADA rules, handlers with service dogs cannot be isolated from other customers or treated less favorably than other customers. The establishment cannot have a special area for service dogs and limit the handler’s activities to that one area. For example, a hotel cannot limit guests with service dogs to designated “pet-friendly” rooms.
17. Can a hotel charge me for staying with a service dog?
No, a business can never charge a deposit or fee in connection with service dogs. If the hotel charges a fee for pets, it must waive that fee for a guest staying with a service dog. Hotels are also not allowed to charge service dog owners cleaning fees to clean up hair or dander shed by the dog. However, a handler can be held responsible for paying for any damage caused by their service dog.
18. Are service dogs allowed in self-service restaurants, such as buffets?
Yes, service dogs must be allowed to accompany their owners through self-service food areas such as salad bars and buffets. Service animals are also allowed in cafeterias, such as those in the workplace or on school campuses.
19. Are restaurants required to allow service dogs to be seated on chairs or be fed at the table?
No, seating at a restaurant and the food served at the establishment are for patrons only. A service dog owner is allowed to have their animal companion next to them, but they cannot expect the restaurant to allow the dog to be seated or fed at the table.
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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I work at a climbing gym. We allow dogs and of course we allow service dogs. We have a member who has a service dog that yells at people if they make a comment about the dog like “he’s cute!” or “you’re dog is really well trained”. She usually says something along the lines of “it’s illegal to ask me that” , “I can sue you for saying that” and such. One of our staff members was woking out prior to work, he has a similar dog and really likes hers, and he asked “how old is your dog?” trying to start a conversation, to which she said “you can’t ask me that it’s illegal”. Usually she yells and becomes aggressive and very upset. The dog has no identifying tags or vest that say he’s a service dog, which I know is not required. One person walked past her dog and as he passed the dog he pet him, the girl then started yelling and demanding that he be thrown out and that she can sue him and it’s illegal to have done that and that we’re legally required to tell people not to touch her dog and so on.
I guess my question(s) is / are:
1) Is it illegal for people to ask her how old her dog is?
2) Is it illegal to pet her dog (I know you’re not supposed to…strangers who don’t know…)?
3) Is it illegal to compliment her dog in any way?
4) Are we as a business required to tell people what they can and cannot do with her and her service dog?
I’m sorry I have a service animal. me personally I’m happy to talk to people about my service animal. I do like people to ask if they can pet my animal. Only because I want to make sure and see this take place. Only because I don’t want somebody saying that my animal nipped them. And I’m sorry I really don’t like people that act this way with their service animals. There is a time and a place to stand up for your rights is another time and place to be a straight jerk and that’s what this person sounds like sorry but that’s what it sounds like to me. Either she the straight jerk or she might have mental illness now you have to remember that. Because there are service dogs for people with mental illness also and you’re not allowed to ask that. So you’ll never know. But there’s also people out there that just wants to make a couple bucks to off their service animal I think. And yes there’s a time and place for that to it somebody goes way out of control for me I would only do that after I explained to them what the rules were and that they were violating my rights please don’t do that and if they kept doing it then I would have an issue. But as for me I have no problem educating people in a nice way. Because I don’t want the public hating people with Ada animals.
Service Dogs are best described as an extension of a disabled person. If a patron can’t see; they help them see the unseen. If a patron can have a sudden attack that is a chronic condition or better yet preclude that attack then that’s freaking awesome I’d think. Would someone ask someone’s eye if they can be touched? Would someone want to pet a person having a seizure like event? No. No & No. As for your client she/he is not allowed to badger other inept clients just because they are maybe ignorantto proper standards of strangers interacting with service handlers & their SE. It’s not card blanch for skip your Prozac for the day. Not being funny or sarcastic or making light of any condition as I’ve actually seen people act a fool this way & it’s even scarier to know they operate a motor vehicle (most common deadly weapon know to most adults) & will probably jump in take off as they just tried to take off some poor clients head. Best of luck & you can refuse to serve on basis of handlers behavior that’s out of line. Just saying.
1) No it’s not. It’s a friendly conversation starter and the ADA Laws saying they may ask the following- They may ask if the dog is a service animal that is required due to a disability and what type of work or task the dog has been trained to do. There’s nothing in there saying you can’t ask a service dog’s age, merely about the dog, as opposed to other questions regarding service dog status.
2) You’re not supposed to pet the service dog if they’re on duty, or working. If there’s no sign the dog’s on duty or unordinary, it’s a common mistake and a simple misunderstanding. Next time she enters maybe ask her if her dog is on duty or not at the moment.
3) It’s not, like I stated in the first answer. If it’s not regarding the service animal’s status, there’s nothing offensive or illegal about it. She can’t sue you for saying her dog has nice eyes.
4) No you aren’t. In fact, your business has the right to refuse service for that woman. Individuals or groups who are causing trouble or being disruptive may be asked to leave. That woman has been disrespectful of other customers and by extension, your business. If her attitude is influencing other customers’ actions or disrupting others, you have full right to kick her out and ban her, service dog or not. If you choose to, however, I suggest recording a few minutes of the disruptive occurrences in case she tries to blame or sue you for anything.
I strongly suggest talking to the woman first and seeing how a conversation excluding the dog would differentiate. If she’s still rude, kick her out and don’t let her come back. That simple. I hope everything works out for you.
1) Is it illegal for people to ask her how old her dog is? It’s in no way illegal. As someone who has a service dog, at times when I’m busy and it’s the 7th time in one day I’ve been asked, it can be exhausting, but not illegal.
2) Is it illegal to pet her dog (I know you’re not supposed to…strangers who don’t know…)?
Distracting a service dog is a violation, especially if the dog is performing a task that can save the owners life
3) Is it illegal to compliment her dog in any way? Not at all.
4) Are we as a business required to tell people what they can and cannot do with her and her service dog? Not exactly. You’re allowed to ask is it a service dog, and what tasks does it perform. Tasks are not sit and lay down. For example, mine has tasks like block, cover, six, and an unspoken task “interrupt” when I’m having a panic attack. If they can’t give and tasks outside of basic obedience, then I highly doubt it’s a service dog.
I and my service dog work in the public it’s a constant all day/night long thing reminding people (please don’t touch please don’t interact with)
We have long shift I have regular customers so when this customer come in I will release my service dog and let them go socialize with those customers we know for a few minutes
Then right back on then right back on duty they go.
Gives them a bit of a break through the long days/nights
The customers know as well as my service dog that unless I release the dog
There’s no interaction
That’s the thing, there is no required documentation, & the reason for that is bc there are two different ways to get a service dog. If you get one from an organization, then you probably will get some form of documentation with it. However, people are legally allowed to train their own service dogs, & no documentation is required for those dogs. Before any goes off saying that people shouldn’t be allowed to do this, I will give you my own story. I’ve had multiple lifelong disabilities since my early 20’s (I’m 49 now). At age 36 I realized I was starting to need some assistance w/ walking/balance. I have osteoarthritis, numerous back injuries/diagnoses, fibromyalgia, traumatic brain injury & much more. I spent my whole career working w/ people w/ all types of disabilities as well as the elderly & caregivers. I needed to continue to be independent at home as well as at work as my medical issues got worse. I met w/ a team of physical therapists to decide what the best option as far as medical technology would be to help me. A service dog was the answer. However where I live there weren’t any programs nearby to help me get one, & I would have to be on a wait list 5+ years & then travel at least 4 hours away to a program I would need to spend weeks at training with a dog. Due to my condition, I’m unable to travel that far, nor could I afford the expenses. Then I would have a dog unfamiliar to me trained with commands that I wouldn’t necessarily want to use myself. So I decided that I wanted to give training a dog myself a shot. I didn’t know if it would work, but I’m pretty intelligent, so it didn’t hurt to try, & if I couldn’t do it then I had a pet dog at the very least. Well it turned out that I am very good at it as a matter of fact. I taught myself about dog behaviors first: what their different postures mean, what the different barks mean, etc. Then I learned how to do simple training & walking on a leash. I moved on to walking on a more advanced service dog harness & more advanced commands/tasks. You have to figure out what each particular dog will work for. For some it’s a treat, others a toy, but then you get to the point where all you need is praise. There are so many things I had to teach, & it is continuous as my needs progress. What I didn’t foresee was the amazing bond that occurred from training this way. I lost my 1st service dog to lymphosarcoma not long ago. It was like losing my right hand & part of my soul. We knew what each other were thinking before we did things. He was amazing. I miss him every second of every day. Right now I have my 7 year old & my 22 month old. I make sure I have 2, & get them 6 years apart, so that I’m never without one and so they always have companions. The problem that is out there is the FAKERS! The pieces of human CRAP that buy service dog equipment from the internet so they can bring Fido to the store & to the restaurant, & then the rest of the legitimate service dog owners have to deal w/ the problems brought on by these ignorant morons when their dogs pee all over everything or attack people. The answer is not taking away the ability to purchase these items over the internet though, bc people like me need to be able to purchase the equipment we need for our legitimate animals. There is no fast & easy answer, but changes are starting to be made in the airlines & in housing laws to weed out the fakers. The one thing I can say is that it is not easy to train your own dog, & I rarely recommend it to people anymore, bc in all the years I’ve been doing this the thing I notice all the time is that most people don’t even know how to properly walk a dog or teach them how to complete even the simplest task. I wouldn’t be doing them any favors by telling them they can train their own dog. I know there are more options out there now where private individuals will help w/ training, so that’s what I usually tell folks to check into when I’m asked 100 times at the grocery store if they can pet my dog, how can they get a dog like mine & how they wish they could bring their dog to the store. As for my responses to the other 2 questions…I would gladly give you my disabilities & pain so you can bring your dog to the grocery store!…and No you can’t pet my dog. It only says that in 6 places on his harness, collar & leash. He is working. Do not talk to him, do not whistle at him or make other goofy noises to distract him, leave him alone! Would you ask a person in a wheelchair to get up out of it so you can get in it & take it for a spin??? Well that’s what you’re doing when you’re distracting my dog from his job. If he is distracted & I fall, I have another medical condition where I have a bleeding issue & I’ll bleed out quickly & die. All for you to pet my dog. Really?? Think about that next time…I’m not saying that to the person whose comment I’m replying to, so please don’t be offended. This is just info. I wanted to put out there that people need. Thanks for listening!
i just wanted to say thank you for this comment! i trained along side 3 separate trainers since I was 17 so I could train my own service dog because I cant afford one from an organization nor do live close to one at all, its been two years and my dog is constantly still learning new tasks all the time even if she is considered fully trained. and where I live is a small college town so all the college kids bring their dogs and just throw vests on them and take them everywhere its frustrating.
My brother lives alone and he has diabetes, so, he is planning to have a dog. It was explained here that dogs can help people with disability. Furthermore, it’s recommended to consult experts when in need of medical alert service dog training.
Great advice to pursue with his clinicians.
Under ADA FEDERAL LAW, here is no such thing!! Quit trying to pass your PET a false title for your satisfaction.
Your dog is a PET
NOT a so-called “Medical Alert Service Dog”
If you continue to use this falsehood,you will be exposed, reprimanded,fined and jailed for violating the law,and generally lying.
Does a service dog owner have to carry proof that the dog is a service dog? I was told by a store manager that I must carry proof with me.
No. Google the Americans with Disabilities Act. It’s amazing that other people with disabilities (like myself) are not intimately familiar with a law written a full 28 years ago that is designed specifically to protect their rights.
No. Vests and ID cards are NOT required.
No. According to the ADA, a manager or owner CANNOT ask your for any type of proof that your animal is a service animal. It’s illegal. The problem with that is that is how those who’s animals are not actually service animals get away with the deception.
No, Not, Never, Ever But…. Said ADA patron might tell them by law they are not required to & you have your script or what not & the Direct Number to the Department of Justice so they report themselves as violating a disabled person’s right with all THEIR PERSONAL INFORMATION PROVIDED & THEN TALK ABOUT YOUR PAPERWORK. Not yelling at you btw just ignorant ASSinine (yes extra s for extra stupid people) excuses of mankind. Ironic no! Mankind does not necessarily mean KindMan. Best of luck.
Does anybody know how I can sue an establishment for walking in with my service dog and immediately being told to leave and I pulled out my paperwork I actually have a prescription with my medical information which is against the law for them to know due to Hyppa and they required required to see it. My dog is highly trained I have seizures and she can find help she knows how to dial 911 on a telephone she knows how to use the SOS on iPhones and I really would like to Sue this is Establishment I’m not one of those people who overreact about little things there was a lot of discrimination towards me they even made me cry and I left so if anybody can provide any information please contact me I would greatly appreciate it I live in Massachusetts it happened in New Hampshire
No you don’t. It’s not actually required by law.
Can people with dogs essentially lie that there dog is a service dog, just to force them down some one else’s throut?
Not really. As any legitimate service dog owner can attest, we spend many hours and a lot of money on training our dogs to become the service dog we need to help us through the day. If you encounter someone with a service dog, you are allowed to ask the following two questions:
1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?
A true service dog owner will be able to answer these without hesitation. You may find this article on what makes a service dog legal interesting https://www.servicedogcertifications.org/what-makes-a-service-dog-legal/
No,He is violating ADA FEDERAL LAW!!
WORD OF ADVICE, SUE THE FUCK OUTTA HIM AND THE COMPANY.
Does anyone know how it is handled when a spouse is refusing to let someone have back their service dog in a divorce? My service animal provides me assistance due to black out spells from multiple heart conditions as well as PTSD. My grandmother got sick and needed help so I went to help her but couldn’t bring my service animal due to the nature of everything. It was only supposed to be a few days and there would not be any period of time I was alone except sleeping. I found out my spouse is cheating on me and decided to stay longer. I told her I would work something out and come get my service animal and she has refused. She says that because I was able to go a few days without him and because he is still going through some extra training that I dont need him and she isnt giving him to me. My apartment complex contacted me today stating that he has been acting weird and barking at stuff and she is not properly handling him. He has never done that with me except once when a big dog someone was walking went crazy and tried to attack him and me. It has now been a couple weeks I have been trying to get him. Can she legally refuse to return him to me? If I have to deal with it in the divorce will the courts rule in my favor since its a service dog? I am just trying to find out how screwed I am or if I am going to get lucky with this because it is not easy and it is very time consuming and in some cases expensive to obtain/train a service animal.
If you have paperwork that makes him a service animal, for instance he was trained by a service dog agency or you have a prescription from your doctor saying you needed a service dog, then all you have to do is call the police. She is not holding onto the family pet, she has stolen a necessary medical device. It’s the same as if she took the wheelchair away from a paraplegic. If your claim is legit, the police will escort you to the property to retrieve the dog. You do not have to wait for the court and should not if it is a legit service dog.
Your Attorney is your best bet for the fasted return to you.
I’m pretty sure withholding your service dog from you is illegal. It actually counts as cruelty to the animal, number 13 on the list: “13. Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal.” You can find this in Title 13. Criminal Code. Chapter 29. Offenses Against Public Order. I hope this helps and you get your dog back.