ADA public access for psychiatric service dogs

ADA service animal definition

The Justice Department defines a service animal as "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." The work or tasks must be directly related to the person's disability (28 CFR 36.104).

The definition names psychiatric disabilities directly. Its examples include "helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors." ADA.gov adds examples such as reminding a person to take prescribed medication or calming a person with PTSD during an anxiety attack.

The same definition draws a clear line: "the provision of emotional support, well-being, comfort, or companionship do[es] not constitute work or tasks." A dog whose only role is comfort is not a service animal under the ADA, however much it helps.

Where service dogs can go

Businesses must let a service animal accompany its handler into "all areas" where members of the public, customers or visitors are allowed (28 CFR 36.302(c)(7)). Title II applies the same approach to state and local government services, programs and buildings (28 CFR 35.136).

That includes places like grocery stores, restaurants, hospitals, hotels, theaters, libraries and public transit facilities. ADA.gov notes that service animals must be allowed in self-service food lines, though a restaurant does not have to let a dog sit on a chair or eat at the table.

What staff can and cannot do

When it is not obvious what the dog does, staff may ask two questions: whether the dog is required because of a disability, and what work or task it has been trained to perform. They may not ask about the nature or extent of your disability (28 CFR 36.302(c)(6)).

Staff also may not require documentation such as proof that the dog has been certified, trained or licensed as a service animal, and ADA.gov says they may not ask the dog to demonstrate its task. A vest, ID tag or special harness is not required.

• No surcharges or pet fees, even where people with pets must pay them (36.302(c)(8)).
• A business that normally charges guests for damage may charge you for damage your dog actually causes.
• The business is not responsible for caring for or supervising your dog (36.302(c)(5)).

When a service dog can be excluded

There are only two grounds in the regulation: the dog is out of control and you do not take effective action to control it, or the dog is not housebroken (36.302(c)(2)). ADA.gov explains that repeated barking in a quiet setting can show a lack of control, but a single bark, or barking that someone provoked, does not.

If your dog is properly excluded, the business must still offer you its goods or services without the dog on the premises. Allergies or fear of dogs among staff or customers are not, on their own, reasons to deny access.

Service dog control and equipment

Your dog must be under your control. It should be harnessed, leashed or tethered unless that interferes with its work or your disability prevents using one, in which case you keep control by voice, signals or other effective means (36.302(c)(4)).

Your ADA public access rights

Your public access rights come from your dog's training and behavior, not from paperwork. If a manager asks, a short, calm answer to the two questions is usually all that's needed, for example: "Yes, she's a service dog. She's trained to interrupt panic attacks and guide me to an exit."

Don't rely on a letter, certificate or vest to get in, and don't present one as if it were required. Focus on public access manners: a settled dog that stays close, ignores food and people, and toilets only on cue. If you are wrongly refused, you can file a complaint with the Justice Department through ADA.gov, and your state may offer its own remedy.

A dog that is still in training is not covered by the ADA, though ADA.gov notes that some state or local laws do cover dogs in training.