About Federal Service Dog Laws

The United States Department of Justice defines service dogs as "animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets." Federal laws govern the admittance and presence of service animals in public places such as hotels and restaurants.

Types of Service Animals

• The law does not require service animals to wear special vests, harnesses or backpacks, although many owners outfit their animals in such gear to make it clear to the public that the dogs are service animals.

  Guide Dogs usually serve in a harness with a handle and help the blind or visually impaired. Hearing Dogs often wear a blaze orange collar and leash, cape, vest or harness; the dog has been trained to recognize certain sounds, such as a fire alarm. Service Dogs frequently wear a harness, vest or a backpack and work with the physically disabled, performing tasks such as pulling a wheelchair or fetching dropped items.

  Alert/Response Dogs typically wear a harness, vest or a backpack and are sometimes called "seizure response dogs" or "seizure alert dogs." As the name suggests, they help someone who is incapacitated because of epilepsy or other seizure disorders. They also help people with psychological/psychiatric disabilities.

  Therapeutic Companion Dogs typically have no distinguishing vests or harnesses. They have only a basic skill level. They provide companionship and affection and sometimes, with children, a parenting capability.

Laws Governing Admittance of Service Animals

• Federal law states that a service animal can go anywhere its owner goes. The law prohibits anyone from asking about the person's disability or demanding to see documentation of the dog's training. No one working at a business can ask a person with a service animal to use a specific entrance. A person working at a business can ask if the animal is a service animal and what tasks it performs. Allergies and a fear of animals are not sufficient reasons to deny entrance to a service animal. The business isn't required to provide food for the animal.

Laws Governing the Presence of Service Animals

• A business can't charge a person with a service animal extra fees, isolate them or treat them less favorably than others using the business. However, a business can charge for any damage done by the service animal. The business can't ask the owner of the service animal to remove him from the building unless the animal is out of control or threatens others. A restaurant can't forbid a service animal from any common area even if state or local health ordinances prohibit animals in that area.

Penalties for Violations of ADA Laws

• Civil penalties can require the business or individual to pay actual and punitive damages if they do not allow a service dog to do its job and therefore discriminate against the disabled owner of the dog. In addition, the ADA can asses fines up to $50,000 for the first offense and up to $100,000 for subsequent violations, as well as paying the plaintiff's attorney fees.