Do I Need Documentation For My Service Dog

Is Information technology Legal to Ask for Service Dog Papers?

service dog

The quick answer is no. According to the ADA, employees at a business "are not allowed to request whatsoever documentation" for a service dog.

The American Disability Act (ADA) prohibits both public and private businesses from discriminating against people with disabilities. In so doing, these businesses are required to allow people with disabilities to bring their service animals onto their premises wherever customers are immune to go. Sometimes it is confusing if an animal is a pet or a service dog, and a business organisation owner may wish to ask for documentation establishing that it is, indeed, a service dog. Is this legal? Absolutely. But that won't e'er assist.

No Papers, No Trouble

Information technology's piece of cake for business owners and patrons alike to exist confused regarding an animal'southward "service" condition, specially at businesses that take clear "No Pets" policies. After all, some, just non all, service animals article of clothing special collars, harasses, or vests. Some, but not all, are licensed or certified, and actually have certification papers.

You tin legally inquire if the fauna is a service dog animal required because of a disability. Nevertheless, since certification isn't necessary for an brute to be a service animate being, papers cannot be a condition for assuasive the brute in. And in case you lot were wondering, disabled people are not required to acquit documentation of their medical conditions or disabilities. So although information technology is legal to inquire for service dog papers, it really doesn't matter.

Note, however, that service animals are not pets. Businesses are non required to abandon their "No Pets" policy. Merely they must brand exceptions for service animals.

No Service, Big Problem

If a business refuses to acknowledge a service beast for no justifiable reason, the business concern is in clear violation of the ADA. Justifiable reasons include:

The creature'south behavior poses a directly threat to the health or safety of others
Allowing a service animal in the concern results in a cardinal alteration to the nature of the concern (such every bit a barking domestic dog in a flick)

Local and land wellness department regulations are trumped by the ADA, a federal law. So unless the animate being is disrupting the establishment'due south business, or it is interim aggressively, businesses must permit the service beast and its possessor into any area of the business premise that other patrons can be, without charging any extra fees.

Refusing to allow admission to a service animal tin be an expensive mistake. Parkchester South Condominium, Inc, owner of a condo complex in New York Metropolis, had its security guard issue a 30 year resident a citation for owning a service domestic dog, violating the ADA. In a settlement agreement, Parkchester paid the tenant $15,000 for emotional distress, the urban center $81,250 in penalties for willful violations of the NYC Human Rights Constabulary, and a penalisation of $x,000 for breaching a prior settlement understanding for a similar example.

If you lot experience that having a service animate being in your establishment fundamentally alters your business, contact a local government agencies and programs lawyer, who can determine the legality of your belief before whatsoever expensive fines mount.

Editor's note, Sept. 2018: This commodity originally referenced outdated information by the ADA. It has since been updated to reflect the most recent ADA guidelines.

Related Resource:

Find a Government Agencies and Programs Lawyer Almost You (FindLaw's Lawyer Directory)
A Business Possessor'southward Guide to Service Dogs (FindLaw Free Enterprise)
Faux 'Service Dogs' Unleash Abuse by Non-Disabled New Yorkers (FindLaw Legally Weird)