Two questions rule for service dogs

The exact ADA rule

The Justice Department's Title III regulation says a public accommodation "shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal." The two inquiries are whether the animal is required because of a disability, and what work or task the animal has been trained to perform (28 CFR 36.302(c)(6)).

State and local government entities follow the same rule under Title II (28 CFR 35.136(f)). The same regulation also says staff "shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal."

When staff should not ask

The regulation says staff generally may not make these inquiries when it is readily apparent that the dog is trained to do work or perform tasks for a person with a disability. The classic example is a dog visibly guiding a person who is blind.

Psychiatric service dogs often do their work in ways that aren't visible, so it's normal to be asked. Being asked is not an accusation; it's the one check the law allows.

What staff may not ask or require

ADA.gov's guidance lists each of these limits. Online certificates and ID cards don't change the rule, because ADA.gov says such documents do not convey any rights under the ADA.

• What your disability or diagnosis is, or how severe it is.
• A doctor's note, PSD letter, certificate, ID card or registration.
• That the dog demonstrate its task on the spot.
• That the dog wear a vest, tag or particular harness.
• An extra fee or deposit because of the dog.

How to answer the two questions

Your answer to the second question should name a trained task, not a feeling. "He keeps me calm" describes emotional support, which the ADA says is not a task. "He's trained to do deep pressure therapy when I have a panic attack" or "She interrupts dissociation by nudging my hand until I respond" describes work.

You don't need to name your condition. "Yes, he's a service dog for a disability" fully answers the first question. Keep your tone even and brief; most access conversations end there.

Example answers

A good answer to the second question names something your dog does on cue or in response to a specific sign, not how the dog makes you feel. Here are a few ways handlers describe common psychiatric service dog tasks:

• "She's trained to apply deep pressure across my lap when I start to panic."
• "He nudges and paws at me to interrupt dissociative episodes until I respond."
• "She wakes me from nightmares and turns on a light."
• "He's trained to alert me to rising anxiety so I can leave before a panic attack."
• "She brings me my medication bag when I signal her."

Two questions rule in other settings

The two questions are an ADA public access rule. Airlines use a version of them, but housing and employment work differently, because those laws handle service animals through a reasonable accommodation process that can involve documentation.

What the rule means for you

Practice a one-sentence answer for each question before you need it. Pick the task your dog performs most reliably and describe it in plain words.

Don't hand over a letter or certificate to get through a door; it isn't required and can set the expectation that it is. If staff go beyond the two questions, you can politely say that the ADA allows only those two, and ask for a manager if needed. If you are refused, write down the date, place and names, and consider filing a complaint at ADA.gov.

Remember that the questions are only the first check. Even a dog that is properly identified can be asked to leave if it is out of control and you don't take effective action, or if it isn't housebroken.