The Law on Handicap Aid Dogs

Handicap aid dogs, officially called service dogs, perform various tasks for people with disabilities. A service dog may let a hearing-impaired person know a phone is ringing, calm someone having an anxiety attack or pull a person into a wheelchair. The Americans with Disabilities Act of 2010 outlines the legal requirements for service dogs, their owners, businesses and the general public. The federal act overrides any state or local law that is more restrictive of disabled individuals̵7; rights.

  1. Identifying Service Dogs

    • Some service dogs wear special vests or collars, but this is not required by the ADA. State or local licensing or identification papers are also not required by the ADA. According to the law, a service dog is any dog trained to aid someone with a disability. If a person with a service dog applies for housing, the provider may ask for documentation to verify the dog is needed for service, but it is illegal for the housing provider to inquire about the person's disability.

    "No Pets" Policies

    • Service dogs are not legally considered pets, so ̶0;no pets̶1; policies do not apply to them. A person wishing to be accompanied by a service dog in a public facility must be allowed access to all areas the general public may access. A public facility can be anything from a taxicab to a theater to a department store. A service dog may be denied access only if his presence alters the nature of the business or poses a threat to others̵7; safety. A dog barking in a movie theater, for instance, disrupts the nature of the theater's service; if your dog barks, you may be asked to remove him.

    Maintenance and Fees

    • It is illegal for public facilities to charge extra cleaning or maintenance fees for people with service dogs. Hotels may charge only for damages caused by dogs if the same charges would apply to nondisabled customers in the same circumstance. Taxicab companies may not charge higher fees for disabled individuals and their dogs. Dog owners are still solely responsible for their dogs. Businesses are not required to provide care or food for animals.

    Special Cases

    • A service dog must be under control -- leashed, harnessed or tethered, as long as the restraint doesn̵7;t impede her ability to serve. If a service dog exhibits aggressive behavior that threatens the safety of other patrons, the business owner can require that the dog be removed from the premises. The dog̵7;s owner must be offered the option to stay as long as the dog is moved elsewhere. The determination that a dog is a safety threat must be made on a case-by-case basis, not letting previous experiences influence judgment. If a dog is simply being disruptive, it is appropriate to ask that he be removed. Jumping on or licking patrons other than the handler is legally grounds for excluding the dog from the premises.