PSDs in restaurants and stores

ADA public access rule

Under Title III of the ADA, businesses open to the public, including restaurants, bars, grocery stores, retail shops and hotels, must generally modify their no-pets policies to allow service animals. People with service animals may bring them into all areas where members of the public, customers or other visitors are allowed to go.

A psychiatric service dog that is individually trained to perform tasks related to your disability is a service animal. A dog whose only role is emotional support isn't, though some state or local laws may allow emotional support animals in more places.

What staff can ask

If it's obvious what your dog does, staff generally shouldn't ask anything. If it isn't, they may ask only two questions: is the dog required because of a disability, and what work or task has it been trained to perform?

They can't ask about the nature of your disability, require medical documentation, ask for a special ID card or training records, or ask the dog to demonstrate its task. A short, confident answer is enough, such as "Yes. He's trained to alert me to rising anxiety and lead me to an exit."

• Allowed: "Is the dog required because of a disability?"
• Allowed: "What work or task has the dog been trained to perform?"
• Not allowed: asking your diagnosis
• Not allowed: requiring a letter, certificate, ID card or vest
• Not allowed: asking the dog to demonstrate its task

Service dogs in restaurants

Establishments that sell or prepare food must generally allow service animals in public areas, even if state or local health codes prohibit animals on the premises. The Department of Justice also says service animals must be allowed to accompany their handlers to and through self-service food lines, such as buffets and salad bars.

Restaurants don't have to let your dog sit on a chair or be fed at the table. Your dog should settle quietly on the floor beside or under your table. Kitchens and other staff-only areas aren't areas open to customers.

Service dogs in stores

In stores, the Department of Justice says a service dog generally must stay on the floor or be carried by its handler, and generally may not ride in a shopping cart. Keep your dog close, on a leash or harness, and away from shelves and merchandise.

The Department of Justice states that allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. If someone nearby is uncomfortable, a little extra space usually solves the problem for everyone.

When a dog can be asked to leave

A business may ask you to remove your dog only if it's out of control and you don't take effective action to control it, or if it isn't housebroken. Repeated barking in a quiet restaurant could be out of control; a single bark or barking that someone provoked generally isn't. Breed alone is never a valid reason.

If your dog is properly asked to leave, the business must still offer you its goods or services without the dog present, such as takeout or having an employee retrieve items for you. The business also isn't responsible for caring for or supervising your dog.

Preparation prevents most problems. Take your dog out to relieve itself before you go in, bring a mat for longer meals, and choose quieter times while your dog is still gaining experience. If your dog becomes overwhelmed, stepping outside for a short break is a good handler choice, not a failure.

Service dog fees and charges

A business can't charge a surcharge for your service animal, even if it charges pet owners. You can be charged for damage your dog causes, but only if the business normally charges customers for that kind of damage.

Refused entry with a service dog

Stay calm, explain the two-question rule briefly, and ask to speak with a manager. Note the date, time, location and names. You can file a complaint with the Department of Justice or bring a private lawsuit, and many states have their own civil rights agencies.

Keep in mind that a PSD letter won't help in this situation and isn't something a business can demand. Where a letter from usaPsdletter.com can help is with housing requests and travel planning, not public access.