Service animal definition

ADA service animal definition

The Department of Justice's ADA rule, at 28 CFR 36.104, limits service animals to dogs. Other species, wild or domestic, trained or untrained, are not service animals under that definition. The dog's work must be directly related to the person's disability, and the disability can be physical, sensory, psychiatric, intellectual or mental.

The rule separately allows individually trained miniature horses in some situations, but they are not technically "service animals" in the definition itself.

What counts as a service animal

The rule lists examples of work or tasks, from guiding people who are blind to retrieving medication or a phone, and helping people with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

It also states what does not count. The crime-deterrent effect of a dog's presence and the provision of emotional support, comfort or companionship are not work or tasks under this definition.

Service animal rights

When a dog meets the definition, businesses and state and local governments generally must allow it in areas open to the public. The Department of Justice explains that staff may ask only two questions when it isn't obvious what the dog does, and they cannot require documentation, ID, a demonstration or a vest.

A business may ask you to remove the dog if it is out of control and you don't take effective action, or if it isn't housebroken. Allergies and fear of dogs are not valid reasons to deny access, and you can't be charged pet fees.

• Question 1: Is the dog required because of a disability?
• Question 2: What work or task has the dog been trained to perform?

Service animal definitions in other laws

The ADA definition applies to public accommodations and government services. Air travel follows the Air Carrier Access Act, whose DOT rule also defines a service animal as a trained dog. Housing follows the Fair Housing Act, where HUD uses the broader term assistance animal, which can include support animals.

Because of these differences, a dog can be treated one way at a restaurant and another way in an apartment building. A PSD letter is not needed for public access under the ADA.

Related terms

Several glossary entries build on this one. Work or tasks explains the training that qualifies a dog, psychiatric service dog describes service dogs whose tasks relate to mental health, and assistance animal covers the broader housing term. Reading them together makes it easier to see which rules apply where.