This information is taken from the USA service dogs website and ADA.gov
Service & Support Dog Federal Laws
Service Dog & Emotional Support Dog Federal Laws
Under the ADA, people with disabilities who have service dogs are entitled to the following protections: Service dogs are different than Emotional Support Animals.
Equal access to all public accommodations
Even businesses that post signs prohibiting pets, or in places where local laws would prevent you from bringing your pet, you are still allowed under federal law to bring your service dog with you into the business premises at no extra fee. This includes airline cabins and housing units that may have pet policies prohibiting dogs. The FHA accommodates those with emotional support animals into housing units with an accompanying letter from a medical professional.
No questions asked
Once you identify your dog as a service dog, businesses are prohibited by law from asking about the nature of your disability. Registration ID cards, tags, and vests help identify your dog to others from afar, which is especially important in the time of COVID-19. A.
However, in situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person’s disability.
Know your rights while flying
(14 CFR Sec. 382.55(a))
Carriers shall permit dogs and other service animals used by individuals with disabilities to accompany the person on a flight.
(1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags or the credible verbal assurances of the qualified individual with disabilities using the animal.
(2) Carriers shall permit a service animal to accompany a qualified individual with disabilities in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.
View more about specific service dog and emotional support dog airline policies here.
Any dog breed is acceptable!
The law does not distinguish based on the breed or size of dog - any dog can be a service or emotional support animal! Emotional support dogs do not need specialized training while service dogs must be trained in their task by professionals or their owners.
Recognized in all 50 states
The ADA takes precedence over local laws or business policies, so you can travel with your service dog knowing that your rights are protected in all 50 states.
While displaying registration ID cards, tags, or vests is not required or recommended by the ADA, many people find that having them helps instantly identify their service dog or emotional support animal, alleviating the hassle of constant questioning. Additionally, while technically against the ADA guidelines, many businesses still ask to see some form of documentation if you plan on bringing a service dog onto business premises.
Service dog questions and resources
What is a service animal?
Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.
What does do work or perform tasks mean?
The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.
Does the ADA require service animals to be professionally trained?
No. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
Do service animals have to wear a vest or patch or special harness identifying them as service animals?
No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
Does the ADA require that service animals be certified as service animals?
No. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.
There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.
My city / college offers a voluntary registry program for people with disabilities who use service animals and provides a special tag identifying the dogs as service animals. Is this legal under the ADA?
Yes. Colleges and other entities, such as local governments, may offer voluntary registries. Many communities maintain a voluntary registry that serves a public purpose, for example, to ensure that emergency staff know to look for service animals during an emergency evacuation process. Some offer a benefit, such as a reduced dog license fee, for individuals who register their service animals. Registries for purposes like this are permitted under the ADA. An entity may not, however, require that a dog be registered as a service animal as a condition of being permitted in public places. This would be a violation of the ADA.
When can service animals be excluded?
The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Nor does it overrule legitimate safety requirements. If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.
When might a service dog's presence fundamentally alter the nature of a service or program provided to the public?
In most settings, the presence of a service animal will not result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander. At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated. They cannot be restricted from other areas of the zoo.
What does under control mean? Do service animals have to be on a leash? Do they have to be quiet and not bark?
The ADA requires that service animals be under the control of the handler at all times. In most instances, the handler will be the individual with a disability or a third party who accompanies the individual with a disability. In the school (K-12) context and in similar settings, the school or similar entity may need to provide some assistance to enable a particular student to handle his or her service animal. The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal’s work or the person’s disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. For example, a person who uses a wheelchair may use a long, retractable leash to allow her service animal to pick up or retrieve items. She may not allow the dog to wander away from her and must maintain control of the dog, even if it is retrieving an item at a distance from her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces may have a dog that is trained to enter a space, check to see that no threats are there, and come back and signal that it is safe to enter. The dog must be off leash to do its job, but may be leashed at other times. Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control.
Emotional Support Dogs
Emotional support dogs are very different from service dogs and are not covered under the same ADA law that covers service dogs.
What Is An Emotional Support Dog (ESA)?
An emotional support animal (ESA) is a different from a service dog. Unlike a service dog, an emotional support animal does not need specialized training to handle a task. Instead, Emotional Support Animals provide healing to their owner through affection and companionship.
However, they still have special rights.
Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.
What Do I Need To Have An Emotional Support Animal?
In order to have an Emotional Support Animal, the law requires you obtain a letter written by a mental health professional stating that the ESA provides therapeutic value.
Where Is My Emotional Support Dog Allowed To Go With Me?
Emotional Support Animals do not have access rights to all public areas, but they are granted specific rights.
Under The Fair Housing Act, they have access to all types of housing, even if a landlord has a no-pet policy in place. As of January 2021, airlines are no longer required to make special accommodations for emotional support animals and consider them pets subject to pet fees. You can view more about Emotional Support Dog airline policies here.
What else do I need to know?
Misrepresenting a pet as an emotional support dog or service dog is a crime in many states, including California. Identifying vests, leashes, and ID cards are like the "uniform" for your working service dog or emotional support animal, but they do not magically turn a pet into an ESA or service dog - they are still expected to be well-behaved and trained.