Service dogs are assistance animals that are trained to help with an individual’s disability. These highly trained dogs perform tasks to benefit their handler in their day-to-day life, performing an assortment of takes ranging from retrieving objects from the ground to pulling a wheelchair.
While these dogs are essential for their handlers to live independently, a person’s disability is not always obvious, as in the case of many psychiatric disabilities. This can make asking about a service dog confusing for business owners and individuals who require their dog’s assistance when in public. Luckily, the Americans with Disabilities Act (ADA) sets legal guidelines to make the process seamless and protect disabled individuals from discrimination when accessing private or public spaces with a service dog.
In this article, we’ll go over what you can ask about a service dog to determine that they are, in fact, a service dog.
How to Ask if a Dog Is a Service Dog
If you’re a business owner and regularly interact with people on a daily basis, it is likely that you will come across individuals with a service dog. For businesses that have a no-pet policy, this can be difficult to deal with, but it is crucial to understand that these animals are required because of a disability, and therefore, they are a medical necessity.
When you spot a service dog in your establishment, however, you cannot just go and ask someone with a disability to demonstrate the task their service dog is trained to do. The federal law limits what you can inquire about a service dog. For instance, you cannot ask if the individual has a qualifying disability. The Americans with Disabilities Act is very clear about this, and you can only ask the two following questions to the handler.
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
Outside of these two questions, the ADA prohibits businesses from asking individuals with a service dog to provide documentation that proves the status of their dogs or registration to service animal databases. Additionally, you cannot ask about the nature of the person’s disability – you can only ask the above questions about a service dog.
While navigating these rules about service animals can be challenging for business owners, it is important to understand that they protect the rights of disabled individuals. Service dogs are necessary for disabled individuals to ensure they can live independently or have peace of mind out in public. In many ways, they are medical devices in the form of highly trained dogs that their handlers rely on to live accessible lives.
Reporting a Fake Service Dog
If you suspect that someone has a fake service dog, first note that not all disabilities and service dog duties are obvious. There are countless psychiatric service dogs that perform tasks only when the handler truly needs it, like deep pressure therapy or creating distractions during a panic attack.
However, if you know that someone has a fake service dog, you can deny service and report it to your local law enforcement by calling the non-emergency phone number. Many states have laws in place meant to discourage and penalize individuals who fake a service dog.
When Can You Ask a Service Dog to Leave
While most service dogs are well-behaved and extremely calm as part of their training, some may not have received the professional training these dogs require. If the service dog is out of control (barking excessively, lunging on people, ignoring their owner) or isn’t housebroken, you can ask the individual to remove their service dog legally.
However, the individual with a disability should still have the right to benefit from the services you offer at your business. Just because their service dog cannot be there due to their behavior doesn’t mean that you can deny them service if they return without their service dog.
Asking About Service Dogs Properly
Now that you know what you can ask about a service dog, you’ll have an easier time navigating the Americans with Disabilities Act rules.
When inquiring about service dogs, make sure to remain respectful and stay within the guidelines set by the ADA. Approach the individual with a service dog and ask the permitted questions. As service dog owners, they should be familiar with the process and not take any offense that you’ve inquired about their service dog, even if their dog is wearing a service dog vest or harness.
