Being paired with a service dog when living with a disability can be life-changing and can help you interact with the world in new ways and reclaim your independence. However, you may have concerns about gaining public access to spaces or flying with your service dog, but there is no need to worry. The Americans with Disabilities Act states that service dogs have the same public access rights as their human counterparts. This includes places that are “pet-free.” This is because a service dog is viewed no differently than other medical assistance devices such as wheelchair or crutches. A service dog is a medical device with a heartbeat.
Is an ID Required for My Service Dog?
Whether you are trying to dine out or stay in a hotel, your service dog has the same public access rights as you do. There are instances where someone may try to push back or ask for ID. Under federal law, you are not required to have any form of identification for your service dog to gain access to public spaces. The service dog is not required to wear a vest, or collar, or have paperwork stating they are a service dog.
At Guardian Angels Medical Service Dogs, we work to discourage any type of confrontation for our recipients when they are out in public. We insist that our recipients have their service dog wear their vests every time they are out in public.
When taking your service dog out to a variety of places where the average pet is not allowed, it can invite confrontation from someone who is uneducated on service dogs. By outfitting them in their vest that identifies them as a service dog, it can help avoid uncomfortable situations with the public.
Although it is not legally required, we insist on our service dogs wearing a vest to prevent issues with merchants or the public. Unfortunately, there are many imposters out there who are passing off inappropriate dogs as service dogs. These dogs do not behave properly in public, and it is a direct insult to those who are living with disabilities and rely on their service dog to conduct their daily life.
When experiencing pushback from a merchant, restaurant owner, etc., even if the service dog is wearing a vest, we instruct our recipients to explain the law non-confrontationally and in a polite manner that service dogs are legally allowed in public venues anywhere you could go with a wheelchair, a cane, braces, etc. There are still some people who are going to continue to push back even after that statement and try to deny you your federal right to enter.
In this instance, we instruct our recipient to provide the person with an ID card that has their picture with their service dog on it. On the back of the card is a phone number to reach a federal representative who will answer questions or provide clarification and a website link to their state’s service dog laws.
If you have tried these steps and they are still denying public access, you have the right to call the local authorities. When you call, explain that you are permanently disabled and are being denied access to the public space. Explain to the authorities how your rights are being violated and ask them to come assist you in explaining the state statute to the business owner. The authorities should then come and explain to the merchant what the law is and what your rights and their rights are in the situation. This will typically resolve the situation, but if the police do not come because they view it as a civil matter, things will need to be escalated if you choose to sue the merchant. Being denied access to a public place due to your service dog is a federal violation of your rights.
Merchant Rights When It Comes to Service Dogs
There are two legal questions that merchants are allowed to ask about the service dog. The first one is, “Is this a service dog?” The recipient should be able to easily answer “yes” to this question if they are being truthful in their representation of the service dog. The second question is “What tasks is he trained to do to assist you?” If they are unable to answer what tasks the service dog is trained to do, such as specific alerts, mobility assistance, etc., then it is an emotional support dog who does not have rights to public spaces.
Merchants should also consider that not all disabilities are visible or apparent when looking at someone with a service dog. In some cases, you may see someone in a wheelchair, with a cochlear implant, or a cane and be able to automatically understand that the dog is trained to assist them with tasks they are not physically capable of doing. If the service dog is behaving appropriately, there is no reason for a merchant to approach and hassle the working team.
As mentioned above, if a merchant is unsure of the service dog’s validity, they can ask two questions, otherwise, they cannot harass or force a working team off the premises just for having a service dog.
There are a lot of invisible disabilities that people do not think about somebody could be severely diabetic or have seizure conditions. There are many conditions that people can have that are invisible, but they can be equally catastrophic. In many cases, someone with an invisible disability will walk, talk, and act normally, which can lead some merchants to believe the service dog accompanying this person is an imposter. We urge merchants not to make assumptions like this. If the service dog is behaving appropriately and is not disrupting the business, you have no right to take any further action beyond asking the two designated questions.
In respect to the Merchant’s rights, if the dog is not behaving, they can ask the person to leave. For example, if the dog is not paying attention to the handler or isn’t responding to the handler’s requests, or if it’s running all over the place, damaging merchandise, having accidents, or if it’s growling and barking and the handler can’t bring it under control, the merchant does have grounds to ask them to leave.
Keep in mind, it is different if the dog just has not had a chance to go to the bathroom, or he has diarrhea from being ill. There is a difference between an accident and just not being housebroken.
Additionally, if the dog barks once or twice at another dog or just in general and the handler gets them back under control immediately, with no further issues, this is not grounds to have them leave the premises. In some cases, the bark could be an alert to the recipient notifying them of a medical issue.
As a merchant, it is critical to take these factors into consideration before forcing someone out of your business just because they have a service dog. This could cause the person to enter a downward spiral and cause them to withdraw from society. At Guardian Angels Medical Service Dogs, we have seen people who have been isolated for up to 25 years and they do not start coming out in public again until they have the help of their service dog. When encountering a service dog at your establishment, think about the people who are just coming back out into the world for the first time and how damaging confrontation can be for them. It could ruin their newfound independence and cause them to go back to isolating themselves.
It is important to be educated on the law as a merchant to ensure your rights are respected and that you respect the rights of those living with disabilities when they visit your business.
Identification Issues when Traveling with Your Service Dog
When traveling with your service dog and staying in a hotel room, it is important to always check your bill. A hotel is not allowed to charge you a pet cleaning fee for having a service dog with you.
If you plan to fly with your service dog, most airlines now require you to submit advanced paperwork so they can verify your service dog and permit them onboard. Be sure to submit this information well in advance and take a copy of all necessary documents with you so if there is an issue with their system, you will have the paperwork they require. You will not be admitted on the flight without submitting this required paperwork in advance.
Airline policies and regulations vary, so be sure to research the airline policies with the carrier you are using to ensure you follow all policies to make certain you are granted access to board the day of your trip.
Whether you are a merchant or a service dog recipient, we are happy to provide you with resources and answer any questions about your rights when dealing with a service dog. Contact us today to learn more!
Mrs. Borden’s expertise and accomplishments are acknowledged by numerous national awards from various industries and agencies including the 2018 Corporate Pet Industry Woman of the Year and multiple awards for her organization’s work in mental health and suicide prevention.
She is frequently requested as a Keynote Speaker, and as an Industry Consultant to teach service dog laws to judicial systems, attorneys, and businesses, and to assist in service dog bills in multiple states that were passed into law. In 2020, she started an Institute for Higher Learning and the Borden Veterinary Hospital. Additionally, she has written and teaches college-accredited/VA-approved apprenticeship courses on dog training and service dog training.
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