What Is a Service Animal?
Under the ADA, a service animal is a dog that has been individually trained to do work or perform tasks directly related to a person's disability. The key word is trained — the dog must be able to perform a specific task that helps with the disability.
Examples of tasks include:
- Guiding a person who is blind
- Alerting a person who is deaf to sounds
- Pulling a wheelchair
- Alerting and protecting a person having a seizure
- Reminding a person with a mental health condition to take medication
- Calming a person with PTSD during an anxiety attack
Official Standard
28 CFR §35.104 — Definition
"Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability."
Miniature Horses
The ADA also has a special provision for miniature horses. While the primary definition covers dogs only, businesses and government entities must make reasonable modifications to allow miniature horses that have been individually trained as service animals.
The entity may consider: (1) the type, size, and weight of the horse; (2) whether the handler has control; (3) whether the horse is housebroken; and (4) whether the horse can be safely accommodated in the facility.
Official Standard
28 CFR §35.136(i)
"A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability."
Emotional Support Animals Are Not Service Animals
This is one of the most common areas of confusion. Under the ADA, emotional support animals (ESAs) are not service animals. An ESA provides comfort simply by being present but has not been trained to perform a specific task.
This means businesses and government agencies do not have to allow emotional support animals under the ADA.
Important Distinction
Housing is different. Under the Fair Housing Act (FHA), landlords must allow emotional support animals as a reasonable accommodation, even if the property has a "no pets" policy. The ADA and FHA are separate laws with different rules.
The Two Questions Businesses Can Ask
When it's not obvious that a dog is a service animal, a business or government employee may ask only two questions:
- "Is this a service animal required because of a disability?"
- "What work or task has the dog been trained to perform?"
They cannot:
- Ask about the person's disability
- Require documentation, ID cards, or proof of training
- Ask the dog to demonstrate its task
Official Standard
28 CFR §35.136(f) / §36.302(c)(6)
A public entity or place of public accommodation shall notask about the nature or extent of a person's disability. They may ask only:
(1) Is the dog a service animal required because of a disability?
(2) What work or task has the dog been trained to perform?
Where Service Animals Must Be Allowed
Service animals must be allowed anywhere the public is normally allowed to go. This includes:
- Restaurants and cafes (including food preparation areas if employees are present)
- Stores and shopping centers
- Hotels and motels
- Hospitals, doctor's offices, and clinics
- Schools and universities
- Movie theaters, sports arenas, and concert venues
- Government offices, courthouses, and libraries
- Taxis, rideshares, and public transportation
A business cannot charge a pet fee or deposit for a service animal. They also cannot isolate the person or treat them less favorably because of the service animal.
When a Service Animal Can Be Removed
A business or government entity can only ask a person to remove their service animal in two situations:
- The animal is out of control and the handler does not take effective action to control it (for example, the dog is barking aggressively and the handler cannot make it stop).
- The animal is not housebroken (not toilet-trained).
Even if the service animal must be removed, the business must still offer the person with a disability the opportunity to participate in services without the animal.
Official Standard
28 CFR §35.136(b)
"A public entity may ask an individual with a disability to remove a service animal from the premises if: (1) The animal is out of control and the animal's handler does not take effective action to control it; or (2) The animal is not housebroken."
Other Important Rules
- Allergies and fear are not valid reasons to deny access. If another person is allergic to dogs, the business must accommodate both people — for example, by seating them in different areas.
- No documentation is required. There is no official certification, registration, or ID card for service animals. Websites selling "service animal registrations" are not recognized by the DOJ.
- Breed restrictions don't apply. A business cannot exclude a service animal based on breed, size, or weight.
- Handlers are responsible for the animal's behaviorand for cleaning up after the animal. The service animal should be under control at all times — on a leash, harness, or tether unless that interferes with the animal's tasks.
Important Note
This guide is for informational purposes only. Service animal rights can vary depending on state and local laws, which may provide broader protections than the ADA. For legal advice about your specific situation, connect with an ADA attorney.
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