Service Dog Fraud: U.S. Service Dog Laws

Many people are unaware of the specific laws and rights surrounding service dogs, which can lead to misunderstandings and challenges for those who rely on service animals. For many individuals with disabilities, their lives are in the hands—or paws—of these canine companions.

Service Dog Laws and the ADA

Under the Americans With Disabilities Act (ADA), service animals are defined as any dog or miniature horse trained to perform specific tasks for a person with a disability. A simple definition, though, can lead to misunderstandings. The following are some common questions about ADA laws and service dogs:

1. How do you register a service dog in the U.S.?

There is no registration process for service dogs or any kind of national registry in the U.S. Scam websites exist allowing you to "register" your dog as a service dog, but they hold no legal basis.

2. Can someone ask me for papers on my service dog?

In the U.S., the ADA does not require paperwork or proof of service dog training. This means any place which is open to the public cannot ask for documentation regarding a service dog, even if company policy states otherwise. Sometimes, company policies contain inaccurate information due to a lack of education about service dogs. No establishment should request paperwork, and if they cite company policies, those policies are in violation of the ADA.

3. Are service dogs required to have a vest or leash?

While many service dog handlers choose to use vests or harnesses to identify their service dog and reduce public confusion, it is not a legal requirement.

Some service dog handlers don’t use vests or leashes because they might interfere with the dog’s tasks. For example, a seizure response dog may need to position themselves to protect their handler's head. Other service dogs may be trained to find nearby people if their handler needs assistance. Some handlers simply choose not to use a vest, not because it interferes with the dogs’ tasks, but because they live in a warmer climate.

Like paperwork, some public places have policies stating service dogs should be vested or leashed. Even with written policies, no public entity in the U.S. can require this, as it violates the ADA.

4. What are the questions you can ask about a service dog?

Per the ADA, businesses are only allowed to ask two questions of a service dog handler:

• Is the animal a service animal required due to a disability?
• What work or tasks has the service animal been trained to perform?

5. Recognizing Service Dog Fraud: How can You tell a real service dog from a fake?

Even highly trained service dogs can make mistakes, and some service dogs may still be in training, but generally, a well-behaved service dog should:

• Not be reactive around other dogs or people while working.
• Stay near their handler unless for training purposes or medical emergencies.
• Refrain from barking or whining, unless their handler is experiencing a medical emergency.
• Follow basic commands like "leave it" or "stay."
• Generally, avoid sniffing, stopping, or interacting with people or objects while working.

In the U.S., a person can be fined for misrepresenting a pet as a service dog. By putting a service dog vest on a pet, the owner puts genuine service dogs and their handlers at risk. Legitimate service dogs are highly trained to assist their owners in avoiding injury or medical emergencies, and false representations can create dangerous situations for those who rely on these skilled animals.

The same is true for emotional support animals. Emotional support animals are not service dogs and are not protected under the ADA, so they should not be brought into public places.

Service Dogs in Public Places

Service dogs are allowed in any place open to the public, meaning they can accompany their handlers in places like restaurants, hotels, grocery stores, and medical facilities. The only exceptions to this rule include:

• Health and Safety Requirements: Service dogs are allowed in hospitals but not in sterile environments. Similarly, service dogs are allowed in restaurant dining areas but not in kitchens where food is being prepared.
• Dog Behavior: U.S. businesses can ask any dog, including service dogs, to leave if the handler cannot control the dog, or if the dog is behaving in a disruptive manner. This is rare for service dogs due to their high level of training.

It’s Important to note the above laws only apply to the U.S. If you live in another country, or even plan to travel to another country, registrations, paperwork, leash and harness guidelines, and general access to public spaces may vary.

You can learn more about service dogs and disability rights in the related articles section below. Plus, check out our customer stories to learn more about those who own a BraunAbility vehicle, some of whom have service dogs of their own.