If you are training a service dog for yourself, you may be wondering what your rights and responsibilities are. Do you need to carry documentation? Can you bring your dog with you to the doctor? What about to restaurants? This post provides some answers and resources.
Rights for Trained Service Animal Teams
Under the Americans with Disabilities Act (ADA), disabled people accompanied by a trained service animal have equal access rights to all public accommodations, including transportation, restaurants, lodgings, stores, medical and healthcare settings, etc.
Here is some additional information that may be helpful about the legal rights of business and service dog teams. Under the ADA, a trained service animal is a
- Dog
- Trained to perform tasks or do work related to the handler’s disability
- Under handler control at all times, which is defined as leashed, tethered, harnessed, unless that would interfere with the dog’s work, in which case the dog must be under the handler’s control via voice, hand signals, or other cues)
- House trained
- Is not behaving in a way that fundamentally alters the nature of the service or poses a direct threat to others’ health and safety. Examples: a dog barks repeatedly during a movie, a dog growls and lunges at customers in a store, a dog covered in fleas in a doctor’s office. These dogs, or dogs with a history of such behavior, may be excluded.
Important notes:
- Medical and food service establishments may NOT restrict access to a service dog team even if state or local health codes prohibit animals on the premises.
- When it is not obvious what service an animal provides, staff may ask 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? Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
Rights for Service Dog in Training (SDiT) Teams
The ADA does NOT grant access rights to people training a service dog. However, in many US states, people who are training a service dog have the same rights of access as disabled people accompanied by trained service animals. This varies from state-to-state.
Here in Massachusetts, under Massachusetts General Laws Ch129, S39F:
Section 39F. A person accompanied by and engaged in the raising or training of a service dog, including a hearing, guide or assistance dog, shall have the same rights, privileges and responsibilities as those afforded to an individual with a disability under the Americans with Disabilities Act, 42 U.S.C. sections 12101 et seq.
To find out what the laws are in other states, start by looking for your state in this Guide to Assistance Dog Laws (PDF) by Assistance Dogs International. However, keep in mind that this document is several years old and laws change. So, check the footnotes to find out what the code is for the law (paragraph, section, etc.), and then look it up in your state’s laws to see the current incarnation of the law.
What About if People Don’t Know the Law?
While you may know your rights and responsibilities as a service dog handler or SDiT team, not everyone you come across will. And let’s be honest, the laws change often and are frequently confusing! It’s reasonable to expect that not everyone knows all the laws.
While SDiT or SD teams are under no legal obligation to provide places of accommodation with legal information, it often makes life easier for you to have something short and easy-to-read to offer people in stores, restaurants, doctor’s offices, etc. I offer my SDiT clients a card they can hand out that has some basic information on state and federal laws so they can respond to questions from strangers. I also write letters for clients who run into issues with doctors or other places they frequent. If you are working with another trainer, ask them to do something similar.
More Information and Resources
- Our blog post on Frequently Asked Questions about Service Dogs
- Unites States Department of Justice (DOJ) Service Animals handout — a one-page handout covering basic SD access issues that you may find worth printing and keeping with you
- DOJ’s longer Q&A document — Frequently Asked Questions about Service Animals and the ADA
- The DOJ also provides an ADA Info Line — Voice: 800-514-0301 or TTY: 800-514-0301-0383
Have you found another great legal resource for people training service dogs? Have a question about service dog training? Let us know in the comments.
Hi I’m a student at Azusa Pacific university and I’m training my service dog myself to do the things I need for me.
I have an anxiety disorder. He is still on treats but doesn’t need them all the time anymore. It’s all about repetition. I’m not a licensees trainer, does that mean anything about me not being able to take River places?
My school is refusing that I should let my dog on campus…granted I’ve only had him for a month but I’m still having panic attacks and dizzy spells, and someone even had the audacity to say that i would be
a stronger person to get through those things without my dog. And that I should actually accommodate others around me. I’ve blacked out, been to the hospital…my dog makes me feel healthier and is a team mate to me. I’ve taken him every other public place and he’s an angel.
Now, am I not allowed to take River to school because I’m not a certified trainer? The law states that trainers can bring their dogs in training everywhere in CA. I can show you what I found.
Hi Madeline.
The laws for access for trainers of service dogs vary by state. I know that the CA laws are different from the laws in my state (MA) and surrounding states that I’m more familiar with. I looked once at the CA law, but all I remember is that it is more complicated and I didn’t take time to try to interpret it as it has never been an issue for me. There’s a SD trainer in CA, Jean Cary of Service Dog Tutor, who might be a good resource for you. I wish you and River all the best.
In terms of the issue of taking River with you everywhere, unless River has already had extensive public access training before you got him, I would not recommend that at this stage of training as I think it often has long-term negative consequences for training. Please see my post, How to Succeed at Public Access Training with Your Service Dog.
Hello,
I live in Evanston Illinois and am currently training a 8 month old puppy. He’s passed being just a “puppy-candidate” and is now in “service-candidate mode”. I’ve looked up all the laws but they’re quite confusing. What laws, those especially involving public access, does he have?
Thank you,
Megan
Hi Megan.
Yes, it can be confusing. I can’t answer this without doing some research as I am not familiar with Illinois laws. If you’re interested in doing a service dog consult with me over the phone, I would be happy to do that research along with creating a plan for your dog’s training and answering your other questions. If so, get in touch.
Hello, I’m training my boy to be my personal service dog and am wondering what the laws are for Pennsylvania. Where can I find this information?
Hello I’m in California and I hard that service dog in training as same right as service dog does if it true could I please get the information because this county I’m in don’t know the laws so trying to protect myself for having a service dog in training… Would you give me the law code so if I do get stopped for my sdit I can tell them in this state I am allowed to train my sdit for physical issue and hearing and psychiatric..thank you
Hi Steven. Thanks for your question. I was glad to speak with you about this on the phone, as well.
does a service dog have to be house trained can you help me fine this information so I can show prove a dog has to be house trained has part of being a service dog
Yes, a service dog must be house trained. That is actually specified in the Americans with Disabilities Act (ADA). From https://www.ada.gov/service_animals_2010.htm — “A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.”
I’ve been forced to leaved by means of police and refused public access with my SDiT. I am not disabled so I’m having hard time finding someone who can help me. Do you have info on any resources who might have more info? I’m authorized through a program to train service dogs.
Hi Dawn. I’m sorry to hear this. What state are you in? I would expect that the program for which you are training dogs would be interested and able to help you advocate on this.
Are guide dog puppies allowed in public one they are house broken?
Hi Margie. It depends on which state you’re in and sometimes – depending on the state – whether you’re raising the puppy for a guide dog organization or are a professional trainer or not.
Hello I am at college in New York State and I am training my own dog to be a service dog for me. He is 6 months old and is almost fully obedient trained and I have started his service dog training but because I am training it means he must live with me and because my landlord does not like pets in his houses that he rents I’m worried he will say no to my dog living there. I was wondering if you knew anything about the New York law and service dogs in training because I am not able to find anything helpful.
Thank you,
Hattye
I’m not familiar with the NYS laws specifically. However, if you have a psychiatric disability, your doctor or therapist can write you a note saying that the dog is your emotional service animal and requesting an accommodation to your disability under the Fair Housing Act.
You can also try looking up this law: New York Consolidated Laws, Public Housing Law, Chapter 44-A, Article XI, Section 223-b
https://www.animallaw.info/statute/ny-assistance-animals-assistance-animalguide-dog-laws
And these laws:
New York Consolidated Laws, Civil Rights Law, Chapter 6, Article 4-B, Section 47(1).
New York Consolidated Laws, Civil Rights Law, Chapter 6, Article 4-B, Section 47-c.
New York Consolidated Laws, Civil Rights Law, Chapter 6, Article 4-B, Section 47-b(3).
Best of luck.
does a service dog have to be a puppy at training..my mother tells me he’s too old to be trained(my dogs 1), and I have ptsd and hes technicaly still in training,but most of my ptsd moments happen at school..so if he’s still in training can he come to school with me?
Hi Genna.
A SDiT can be any age. It is often a good choice to start with a young adult (between 1-2 years old) when the dog’s temperament and health are better known and established. However, taking a dog to school is often challenging for both the handler and the dog because the handler needs to be paying attention and learning and cannot therefore focus all their attention on training the dog. If your dog is not yet trained in perfect manners, I recommend training in less-challenging environments first and then once the dog is able to maintain manners and focus for long periods in more distracting environments, train in other classes (sit in on classes you’re not taking) for the purpose of training your dog. When that is going well, start to bring him to your classes. Hope this helps. If you have further questions, I am happy to help with a service dog consultation (by phone, if you’re outside my region).
Thank you so much and I’ve been slowly inching my way with the training in bigger environments . He’s been to many stores even the mall with me. He’s also been to church and we’re there all day so he’s doing very well. But thank you for the advice.
Hello,
I am a high school teacher in Wisconsin. Our school has been working with service dogs for people with autism. I have been training a dog. I have been able to bring them with me to class since the beginning of the school year. People are getting upset and trying to pass policy. I am wondering if I have any rights that will allow me to continue doing this. It has been amazing for the students and a wonderful way to train a dog for a person who will benefit.
I have read that a lot of the laws are the same thoughout the US for ADA with the person as they are with the trainer. Is this true for Wisconsin? If not, what are the differences?
Thank you for any help you can provide.
Hi Sam. I’d have to research the laws in Wisconsin. I recommend you watch this webinar which should answer your questions: SD, SDiT, ESA, Alphabet Soup?! What you need to know about US service dog laws and terms — https://petprofessionalguild.com/event-2650852
All the best.
Hi I have a question that I wanted to ask you! Since I live in Texas and I’m planning to owner train my service dog and will be considered in training since she is only 7 weeks old. The Texas law states that “ A animal in training shall not be denied access to any public facility when accompanied by an approved trainer” But under the ADA we are allowed to owner train our service dogs. So I am confused on whether to follow the Texas law or ADA?
The ADA does not cover your situation. The ADA covers TRAINED service dogs. Your puppy is a puppy, not a trained service dog. So it will depend on how the Texas law is interpreted. I don’t know enough about Texas laws to comment on that aspect. However, it is critical for your puppy’s future training, mental and behavioral health, and your goals to focus on raising a puppy that is healthy, happy, well-adjusted, confident, and behaviorally and mentally sound. Taking your puppy into too many new or overwhelming situations will severely undermine those goals. Most people who are thinking of training a pup as a future SDiT oversocialize the puppy and cause more harm than good. In your pup’s case in particular, this is a concern as 7 weeks is too young to be removed from her litter and mother. In most states, it’s actually illegal to sell a puppy under 8 weeks of age. See more at http://atyourservicedogtraining.com/2016/04/11/service-dog-public-access-training/ and I strongly recommend the books Puppy Start Right by the Martins and Social Civil and Savvy by Laura van Arendonk-Baugh for more info on puppy socialization. take your puppy to a rewards-based puppy kindergarten.
Hi I have a SDIT and I live in Oklahoma but cannot find any laws on public access for service dogs in training and just want to know for sure in case I have a public access issue. Especially with her breed i get a lot of comments and I know it is illegal to breed discriminate here in Oklahoma but I just want to be 100% certain about the SDIT laws on public access
Thank You,
McKenna
Hi McKenna. I’d have to research the laws in Oklahoma. Assuming you don’t want to hire me for a consult to do that, I recommend you watch this webinar which should answer your questions: SD, SDiT, ESA, Alphabet Soup?! What you need to know about US service dog laws and terms — https://petprofessionalguild.com/event-2650852