Access FAQ

From Service Dog Training

Frequently asked questions about service dogs and access rights.

Where are service dogs allowed to go?

Service dogs are permitted to go wherever their handler can go. This includes restaurants, hospitals, stores, hotels or any other place of public accommodation.

What places can exclude service dogs?

The only places that may exclude service dogs are those that can show that the presence of the service dog fundamentally alters the nature of the business or poses a direct safety hazard. Cases where this would happen are very rare. A few examples:

• Petting zoos. The presence of a service dog could be detrimental to the loose animals in the petting zoo, or be injured by the animals in the petting zoo.
• Roller coasters. Service dogs can present a hazard on many roller coasters or amusement park rides. Most amusement parks have policies on which rides can safely accommodate service animals and should designate a safe place to leave your dog while you are on the ride.

What access is required for service animals in training?

Federal law does not require access for service animals in training. Some state laws give access to service dog trainers from state-recognized schools, other states give access to anyone training a service dog. Some states do not give access to service animals in training. It is important to learn the laws for your state to determine if service animals in training have access rights in your state.

I'm a clerk at a store/hotel/movie theater/etc. and I'm scared of dogs or allergic to dogs. Do I still have to provide service to a service dog user?

The short answer is yes, you do. The more detailed explanation is that you, personally, do not have to provide the service, but you must make immediate arrangements for someone else in your business to provide the same level of service the service dog user and make sure the person knows that you are not denying them service, but instead finding someone else that can provide them service. Wordlessly fleeing a service dog user, while not against the law, is still rude.

How can I tell if a person is disabled?

You can't always tell if a person is disabled. Asking a person to tell you about their disability or to provide some sort of documentation of their disability is against the law. While some disabilities are easy to recognize, the majority of them are invisible. Invisible disabilities that may be served by service dogs include seizure disorders, traumatic brain injuries, partial spinal cord injuries, arthritis, fibromyalgia, and many, many others.

How can I tell if a dog is a service dog and not a pet?

This is not always an easy thing to do. Most service dogs are identified by harnesses, vests, backpacks, capes, or marked leashes. However, there is no requirement that service dogs be identified or marked in any way. Service dogs may be any breed or any size depending on the tasks they do. Some service dogs may have identification cards that were given by their training organization, however, these can not be required as proof that a dog is a service dog. These cards can be purchased on the internet or made on any computer and have no legal standing at all. Businesses asking a service dog handler to provide a card certifying the dog is a service dog are in violation of the ADA. The best way to tell if the dog is a service dog is to ask a few simple (and legal) questions:

• Are you disabled? This question is fine, further questions about the person's disability are not fine. If the answer is yes, leave it at that.
• Is this a service dog? This question is fine as well. If the answer to this is yes, and the answer to the first question is yes, it is usually best to leave it at that. However, if you are still very suspicious, you may ask one final question.
• What tasks does the service dog perform? Keep in mind when you ask this question that you are not legally able to define what is or is not a valid service dog task. However, a legitimate service dog user will be able to tell you at least one thing the dog does. There is no reason the handler should have to provide more than one example, and the person does not, under any circumstance, have to demonstrate any task for you.

If the person states they are disabled, that the dog is a service dog, and can tell you a task the dog performs, then you have no legal basis for excluding the dog from your business. If you believe the person is lying to you, you should call the police as impersonating a service dog user is a crime. You should not attempt to handle this situation yourself as it is very rare for a person to try and gain illegal access for their dog by claiming it is a service dog. If you deny the person access and it turns out they did indeed have a right to be in your business, you can face severe legal penalties. Err on the side of providing access.

When can I make a service dog leave my business?

You can only make a service dog leave your business if they are interfering with the nature of your business or are posing a threat to you or your patrons. For example, if a service dog is barking repeatedly during a movie you can require the person to remove the dog. However, you should first evaluate if the dog is being provoked by someone besides the handler (someone is stepping on them, etc.) and stop that behavior before asking them to leave. Also, if the dog is growling, lunging, or attempting to bite anyone, you can make the handler remove the dog from your property immediately as they are posing a threat. However, you may never base this decision on the type, breed, or appearance of the dog or your past experiences with dogs. You may only require the dog to leave if it is displaying actual aggressive behavior.

Do I have to allow a service dog in my house?

Service dogs are only required to be permitted in places where the public has access. So as long as you do not provide a service in your home that is available to the public, you do not have to provide access. Keep in mind though, that many service dog users will not go someplace their dog is not welcome, so you may be effectively preventing the dog user from coming to your house as well. This is entirely your decision. If you provide a public service from your home, such as a restaurant, museum or any other public access service, you must allow service dogs in your home when you are providing these services to the general public.