The worst part of being a service dog partner is usually the specter of access challenges. In this article, we discuss why access challenges seem to be on the rise in the U.S., how to respond when they occur, and — perhaps most important of all — how to reduce the likelihood you’ll suffer an access denial. We also provide a free template of a letter you can send the business after the incident.
(Note: This post is for informational purposes only. We are service dog trainers, not lawyers. Please consult an attorney for specific legal advice. Also, please note that this article covers rights and laws in the United States only.)
What is an “Access Challenge” or “Access Denial”?
First, let’s distinguish between an obnoxious random stranger on the elevator at your hotel and the manager of that hotel. One of them has the power to prevent you from getting your room key, and the other doesn’t.
If a store or restaurant patron or fellow subway passenger behaves inappropriately — asking you what your disability is, petting your service dog, telling you they know you’re faking, etc. — this can be very upsetting. But it is not an access challenge unless that person has the power to prevent you from using this service.
This post focuses just on access challenges and denials. We provide tips for how to prevent these situations in the first place, or if they do occur, how to respond.
If someone behaves obnoxiously because of your service dog, but they do not have the power to prevent you from using a service, this is not an access challenge. It’s just someone being a jerk.
An access challenge is when an employee or business owner says some version of “you can’t bring that dog in here.”
If you identify your dog as a service dog or service-dog-in-training (SDiT) that you have a legal right to accompany you, and appropriately answer the questions they are legally allowed to ask, and they continue to demand that you remove your dog, that is an access denial.
What are Businesses Allowed to Ask? (And how should you answer?)
In the United States, under the Americans with Disabilities Act (ADA), people with a physical or mental impairment that substantially limits one or more major life activities have the right to be accompanied by their trained service animal in places of public accommodation and in ground transportation. A service animal is a dog that has been trained to do work or perform tasks that directly relate to the handler’s disabilities. Ground transportation includes trains, busses, taxis, rideshares, subways, etc. Public accommodations includes retail, food service, hospitality, recreation, and other establishments that are open to the public.
The ADA also requires that service dogs are
- Trained to perform tasks directly related to the handler’s disability
- House trained
- Under the handler’s control at all times
- Tethered, leashed, or harnessed (unless such equipment would prevent the dog from performing its tasks)
- Not “fundamentally altering the nature of the service” (due to either their behavior, grooming, or mere presences)
If your dog fits these criteria, your dog should be permitted into all manner of public places with you. The enforcement rules published by the US Department of Justice (DOJ) state that places of public accommodation may only ask two questions of a disabled handler:
- Is this a service animal required due to a disability?
- What work or tasks has the dog been trained to perform?
To properly answer this question, the handler should describe what the dog does to assist you. This does not require that you reveal your disability (though some handlers may choose to), nor are you required to demonstrate the dog performing the task. Examples of appropriate answers would be, “He nudges my leg to alert me to the onset of symptoms” or “she retrieves items that I drop.” An answer such as, “He’s my autism service dog” or “she helps with my PTSD” are not sufficient answers as they do not answer the question about the dog’s tasks or work.
Note: Historically, the DOJ’s guidelines indicated that if a business could clearly see that the dog is a service dog, for instance, if they witness the dog guiding a blind person or retrieving an item for a person in a wheelchair, that they should not ask these questions. This makes it more likely that people with hidden disabilities will be asked these questions.
Laws for Service Dogs in Training (SDiTs)
As of this writing, federal disability rights laws do not cover SDiTs. Instead, state laws typically mention trainers of service dogs. In most US states, people who are training a service dog — whether a professional trainer or the owner — have the same rights of access as disabled people accompanied by fully trained service dogs. However, some states provide this this protection only to professional trainers or don’t mention SDiTs. Please check your state codes to learn the laws for your state.
If your state laws cover you as the trainer of your service dog, when asked if your dog is a service animal, answer that they’re a service-dog-in-training. To answer the second question, describe the work or tasks the dog will be trained to perform. Having your SDiT dressed appropriately in gear that indicates “Service Dog In Training” usually helps buy you some grace if your dog’s behavior is not perfect. (See below for more on “appropriate dress.”)
How Common are Access Challenges?
How likely you are to face an access challenge or denial with your service dog depends on a huge number of variables, some of which you can control, and some of which you can’t. Below, we’ll provide tips to reduce triggers for access challenges that are within your control.
Geography
One of the aspects we can’t control is location. In communities with a lot of familiarity with service dogs — such as areas near large service dog programs — people are often more used to seeing service dogs and to expecting the dogs to be well-behaved and unobtrusive. Likewise, in some urban areas or areas with institutions of higher learning, there may be more familiarity with disability rights and the associated laws. We have seen fewer access challenges in these locations.
These differences can be extremely specific — even to a particular town or area of the city or state. For example, among our clients in the Boston area and in the Pioneer Valley area of Western Massachusetts, we hardly ever hear of access problems. But between those two regions, in Central Massachusetts and the western suburbs of Boston, attitudes about service dogs are more mixed and access challenges and negative comments are more likely.
Legal and Socio-Political Currents
We have heard about more access denials from clients in the past year than we had in the previous 12 years of training service dogs. It appears that societal values have been shifting away from the rights of marginalized communities, including disabled people. The highest offices in the land, including government agencies tasked with upholding disability rights laws (such as DOJ and the Department of Housing and Urban Development [HUD]), have been sending the message that they will not support the rights of individuals with disabilities. There is also an overall tone of disrespect and even hatred toward other marginalized groups who are being targeted — immigrants, people of color, transgender and queer people, feminists, etc.
These attitudes are likely filtering down to business owners who may have decided that they no longer need to respect the rights of disabled customers to be accompanied by their service animals. They may believe (unfortunately, perhaps accurately in some cases), that they will not suffer any negative consequences if they exclude or harass service dog handlers. Service dog handlers who are also members of other targeted communities (or are perceived as being members of those communities) may also be more likely to suffer mistreatment.
Dog Breed & Disability Type
Another factor you usually cannot control is what you and your dog look like. Generally speaking, traditional service dog breeds, such as Labrador retrievers and golden retrievers, are less likely to be questioned than dogs that look markedly different, including giant and tiny dog breeds and pit bulls. This means that a wheelchair user accompanied by a Labrador retriever may be less likely to be questioned than a handler with no visible disability accompanied by a Chihuahua.
There’s nothing you can do about how your disability appears, but if you are considering getting a dog to train, and you know that avoiding access challenges is a key consideration, factor breed appearance into your decision. Regardless of the dog’s actual temperament or working ability, dogs that people associate with aggression or protection work, such as Rottweilers or pit bulls, or dogs with unusual appearance (different colored eyes, tongue hanging out, etc.) are more likely to attract attention, and therefore to trigger obnoxious comments or access challenges. (For more on choosing a SDiT, see our 4 tips for selecting a service dog candidate or our course, “How to Find Your Future Service Dog.”)
HOWEVER, please do not assume that your hidden disability or non-traditional breed will lead to access challenges. Most of our clients have hidden disabilities and are rarely (if ever) hassled. Likewise, many of our clients have non-traditional breeds and are not bothered. For example, one of our clients who has a Chihuahua SDiT was never challenged in public for over a year, even in a rural area.
Don’t assume a hidden disability or non-traditional breed will automatically trigger access challenges. While it increases the risk, most of our clients with invisible disabilities and non-traditional breeds are never hassled.
Now, let’s discuss what other factors may be protective against discriminatory behavior.
Can You Prevent Access Challenges?
Yes, and no. Sometimes you do everything right, and — out of ignorance or malice — someone hassles you anyway. However, there are a lot of things you can do to make access challenges much less likely.
Community Standards
But we are not governed just by laws. We also have community standards for service dogs. Community standards are the largely unwritten rules that, as a society, we have all agreed upon. Adhering to these community standards makes you much less likely to face an access challenge. Community standards relate to your dog’s appearance, gear, and behavior.
You are not legally required to follow the recommendations below. But following these guidelines will make it more likely that you and your dog will not be harassed.
Dress Your Dog Appropriately
While the ADA does not require your dog wear a vest and patches identifying it as a service dog or service-dog-in-training (SDiT), it is considered best practices to do so. The standard service dog “business suit” is
- A vest or harness
- A couple of clear, simple signs that say something like, “Service Dog: Do Not Distract.” Or, for a SDiT, “Please Ignore Me. Service Dog in Training.”
Business owners tend to judge whether a dog is likely to be a true task-trained service dog by its behavior and by its appearance. A neat appearance with this “business-like” vest or harness puts them at ease.
To avoid confrontation, keep text large, short, simple, and clear. For a medium-sized or large dog, choose one short simple message for each side and one for your dog’s back. If you have a small dog, you may have room for only one or two signs.
If your dog does not tolerate a vest or harness, you may choose a leash-sleeve and bandana with clear, simple wording, similar to what would appear on a vest.
Is Too Much Signage or Gear a Problem?
Some handlers like to use their dog’s gear or grooming to express themselves. They may dye their fur rainbow colors or put cute outfits on the dog, in addition to their working gear. Beware that visual interest will draw people’s attention, making access challenges and comments (both positive and negative) more likely.
Similarly, choosing pretty, elaborately designed and embroidered vests or multiple patches all over their dog’s vest may also draw attention, some of which will be negative. If you have 12 patches that say “leave us alone” in a variety of ways, it may backfire. Again, this is visually interesting. You’re providing a lot of reading material that will draw curious people. The public is more likely to approach to read all the patches and comment on them.
Choose Training Locations that Fit Your Dog’s Level
Training your service dog is a long process. Your service-dog-in-training will not be ready for every environment at every point in the process. Even a service dog with task training who is appropriate in some environments may find others too exciting.
If your dog seems seem scared or very excited, or is behaving badly — pulling, barking, sniffing strangers — you are more likely to be questioned. As discussed above, a dog that has accidents or is scaring people (lunging, growling, or barking repeatedly) can legally be excluded from public.
Choose environments based on your dog’s current training level. It’s fine to bring your fully trained service dog with you for shopping, medical appointments, work or school, if they’ve accompanied you there many times before and are relaxed and well-behaved there. But if you suspect a particular location will be a stretch for your dog, bring them for a very brief training field trip, not to try to multi-task and accompany you on your errand. If the venue is too challenging, leave and do more foundation training before returning.
How to Respond to an Access Denial
In most cases, if your dog is acting appropriately and you answer the questions correctly, you will be able to continue on your way. If the employee continues to say your dog is not allowed, take a deep breath.
Remember that you always have two options. At any point in the interaction outlined below, you can 1) stay and advocate on your behalf (and on behalf of other service dog partners), or 2) you can leave, and decide whether or how you want to advocate another time.
Taking care of yourself and your dog — physically and emotionally — is important. Sometimes that means staying, and sometimes it means leaving. It’s a personal decision that will depend on the situation.
If you decide to stay, for now, you may want to count to ten or use other techniques that can help you be calm. It is unfair and upsetting when this happens, but you’re more likely to have a good result if you’re able to keep your wits about you.
Not every business owner or employee is familiar with the laws. Start by explaining about the relevant federal and state laws that grant you access with your service dog. Because it can be hard for some people to speak in these situations, we provide our clients with service dogs in training (SDiTs) with a card that has answers to the most common questions, including their dog’s task training. The card also includes state and federal laws that apply to service dogs and SDiTs, along with the ADA hotline phone number and website.
If this does not smooth the way, and you have been speaking with an employee, ask to speak with the owner or manager. Sometimes employees do not know the law, but management does — and they are more likely to be concerned about a discrimination lawsuit. Calmly repeat to the management that you have a disability and that your dog is fully trained service dog. Ask them if you can provide them with some written information about service dog laws. If you have that information with you, you can provide it then. If not, you can send or drop it by later.
Providing information after the fact is often very effective. When cooler heads prevail, the business owner may read the material or look up service dog laws online and discover that you were right!
If you are working with a service dog trainer, you may also ask them to advocate on your behalf. Getting something “official” from a service dog trainer, on letterhead and quoting relevant state and federal laws, often makes an impact. We have sent letters and emails to doctors offices, bakeries, libraries, grocery stores, and other establishments when our clients have told us of discriminatory behavior there. The results have always been positive. On one occasion, a client was checking into a hotel that first tried to prevent her from checking in and then said she’d have to pay an extra fee. I faxed the hotel a letter about service dogs and the law. The next day, the hotel apologized to my client and discounted the stay.
One of our clients, a disability rights lawyer, faced an access denial at her local library. She sent a wonderful letter — powerful but informative — which she has generously allowed us to share with you (below). The library sent a letter of apology, affirming their recognition of the relevant laws and their commitment to inclusivity.
Over the years, I’ve seen some disability rights activists say that they’ve called the police if you are facing an access denial. While this can work very well, you run the risk of the responding officer being as unfamiliar with the laws as the business who is barring you. Involving the police is also likely to escalate tensions with the business if you want to return. This may feel particularly concerning for people who have historically felt unsafe around police, including people of color, immigrants, LGBTQ people, and women. Again, whether this is the right option for you is highly personal. If you absolutely must access the business that day for an urgent and critical need and are not able to find other safe accommodations for your dog, this may be your only recourse.
If you’ve faced an access denial, feel free to amend this service dog advocacy letter to educate the business about service dog handler rights.
If you’d like a team of service dog trainers who have your back, get in touch. We have several decades of personal and professional experience with service dog handling and training, so we “get it.”