Understanding the ADA, Service Animals, and their Rights 

The Americans with Disabilities Act (ADA) is a landmark civil rights law enacted on July 26, 1990, to ensure equal access and opportunities for individuals with disabilities. Among its many provisions, the ADA includes specific protections for people who rely on service animals to navigate daily life. These protections empower individuals with disabilities to be more independent and live without boundaries, while also educating the public about the rights of service dog handlers. The ADA explains what businesses and state and local governments must do to make sure that they do not discriminate against a member of the public with a disability who uses a service animal. 

Generally, businesses and non-profits that are open to the public as well as state and local governments must allow service animals to go into most places where the public can go. This is true even if they have a “no pets” policy. Learn more about the specifics of service animals and their rights in this blog post.

Read to the end if you’re interested in how the ADA came to be! 

What Is a Service Animal? 
YES Dogs – Any breed and any size 
YES Trained to perform a task directly related to a person’s disability 

Service animals are Not 
× Required to be certified or go through a professional training program 
× Required to wear a vest or other ID that indicates they’re a service dog 
× Emotional support or comfort dogs, because providing emotional support or comfort is not a task related to a person’s disability 

How do service dogs assist their owners? 
» A person with PTSD may have a dog that is trained to assist in calming with the ‘rest’ command, & "get help", which alerts a family member or loved one. 
» A person with depression may have a dog that is trained to perform a task to remind them to take their medication. 
» A person with mobility issues may have a dog that is trained to open doors or retrieve objects for them or even to “brace” when they need help standing. 
» A person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure. 

Where Are Service Dogs Allowed? 
The ADA guarantees that individuals with service dogs can access public places where members of the general public are allowed. This includes: 
> Restaurants 
> Hotels 
> Stores 
> Schools 
> Hospitals 
> Public transportation 

Business owners and staff are required to accommodate individuals with service dogs, even in locations that typically have a “no pets” policy. Service animals are not considered pets, and denying access to a person with a service dog can result in legal consequences. 

To balance the rights of individuals with disabilities and the responsibilities of business owners, the ADA permits staff to ask for certain information using only two questions when it is not obvious that a dog is a service animal: 
1) Is the dog a service animal required because of a disability? 
2) What work or task has the dog been trained to perform? 
*Staff cannot ask for documentation, require the dog to demonstrate its task, or inquire about the person’s disability. 

Businesses are not allowed to: 
× Request any documentation that the dog is registered, licensed, or certified as a service animal. 
× Require that the dog demonstrate its task or inquire about the nature of the person’s disability. 
× Service animals are not required to wear vests. A dog that is wearing a vest is not necessarily a service animal.

Can a Service Animal Ever Be Refused Entry?
State/local governments can: 
- Require service dogs to be licensed and vaccinated, if all dogs are required to be licensed and vaccinated 
- Offer voluntary service dog registration programs 

State/local governments can’t: 
- Require certification or registration of service dogs 
- Ban a service dog based on its breed 

Responsibilities of Service Dog Handlers 
While the ADA provides robust protections, it also places responsibilities on service dog handlers. The service dog must: 
YES Be under the handler’s control at all times. 
YES Be harnessed, leashed, or tethered unless these devices interfere with the animal’s tasks. 
YES Behave appropriately in public settings—for instance, a service dog must not bark excessively, growl, or act aggressively. 

If a service animal behaves in a disruptive or unsafe manner, a business can ask the handler to remove the dog from the premises. However, the individual must still be offered access to the goods or services without the animal. 

Common Misconceptions About Service Dogs 
» They need to wear a vest or ID: The ADA does not require service dogs to wear identifying gear. 
» They can be any animal: Only dogs (and in some cases, miniature horses) are recognized as service animals under the ADA. 
» They are limited to certain disabilities: Service dogs can assist individuals with a wide range of disabilities, including physical, sensory, psychiatric, intellectual, and other mental disabilities. 

History of the ADA 

The story of the ADA began decades ago in cities and towns across the United States, when individuals with disabilities started challenging the societal barriers that excluded them from full participation in their communities. It also began with parents advocating against the segregation and marginalization of their children with disabilities. Local advocacy groups were formed, laying the groundwork for change, and the independent living movement emerged, rejecting the idea that people with disabilities should be confined to institutions. This movement championed the rights and services needed for individuals with disabilities to live independently within their communities. 

In April 1988, in the 100th Congress, Senator Lowell Weicker of Connecticut and Senator Tom Harkin of Iowa introduced the legislation envisioned by the National Council on Disabilities: S. 2345, the Americans with Disabilities Act of 1988. The bill was signed into law in 1990 by President H.W. Bush.  

The ADA was not the achievement of a single person or a small group, but the culmination of efforts by thousands of people in the disability rights movement. These individuals dedicated themselves to the cause by organizing protests, raising awareness, drafting legislation, speaking out, testifying, lobbying, negotiating, filing lawsuits, and even facing arrest. Their tireless commitment and unwavering belief in equality made the passage of this historic civil rights legislation possible. The ADA exists because of the collective efforts of countless advocates, whose names and contributions may not all be known, but whose impact cannot be overstated.

Despite the ADA’s clear guidelines, many individuals with service dogs still face barriers due to misinformation or lack of awareness. Advocacy and education play a critical role in breaking down these barriers. Business owners and employees should familiarize themselves with ADA regulations, and the public should respect the important role service dogs play in their handlers’ lives. The ADA has been instrumental in creating a more inclusive society for people with disabilities, and its provisions for service animals underscore the importance of independence and equal access. By understanding and respecting these rights, we can all contribute to a more accessible and compassionate community. 

America's VetDogs is passionate about our veterans, active duty military, and first responders - especially those who now experience disabilities. Learn more about our mission to provide free service dogs to qualifying members of these communities!