What Staff of an Establishment Can Legally Ask About Your Service Dog

What Staff Can Legally Ask

The Americans with Disabilities Act (ADA) provides specific guidelines to protect the rights of individuals with service animals, including psychiatric service dogs (PSDs).

While the symptoms of a psychiatric disabilities may not always be visible to others, your service dog is recognized as an essential aid in managing your disability. Here’s a breakdown of the rights and restrictions regarding what staff can legally inquire about:

What Staff Can Legally Ask

According to the ADA, staff members are limited to asking only two specific questions regarding your service dog:

Is the dog a service animal required because of a disability?

This is to confirm that the animal is not just a pet but is indeed serving as a dog for a specific disability. You just need to answer yes or no. You are not required to disclose the nature of your disability, just that your dog is specially trained to perform tasks pertaining to your disability. Privacy laws protect that information.

What work or task has the dog been trained to perform?

You would just give the basics on what tasks your service dog performs. No one has the right to ask your dog to demonstrate the task.

An example of an individually trained task is tactile stimulation and pressure therapy. These tasks can help offer a therapeutic distraction from anxiety, depression, or a pending panic attack from PTSD. Applying pressure to the handler’s chest or lap can encourage emotional regulation and bring calm to a situation.

What Staff Cannot Do

The ADA also strictly limits the kinds of requests and inquiries staff can make regarding your service dog. Here are some things staff cannot do:

Request documentation: 
Staff are not allowed to ask for any type of psychiatric service dog certification or registration documents. In the United States, service animals are not required to have official licenses or certification.

Ask to see the dog demonstrate its tasks: 
Staff cannot ask for a demonstration of the tasks your service dog is trained to perform. 

Inquire about the nature of your disability: 
You do not need to disclose any personal medical information or details about your disability. 

Carrying an ADA Rights Card

Having a card that that fits in your wallet that outlines the ADA laws on public access rights can be a valuable tool. The card can briefly summarize key points, such as the legal right to enter public establishments and the two questions staff can legally ask. Showing this card can ease interactions, helping to inform staff politely and avoid confusion. Though not required, this card can reinforce your rights and help maintain a smooth experience.

Training 

Ensuring your service dog behaves properly in various public settings is crucial. Whether at airports, restaurants, or busy streets, your service dog should be calm, controlled, and non-disruptive. Training a Psychiatric Service Dog involves more than basic obedience. Your service dog must reliably perform tasks that assist with your mental or emotional disability.

Examples of disruptive behavior includes:

• Growling
• Biting
• Lunging
• Jumping on others
• Relieving itself in any area not designated as an approved animal relief area
• Barking excessively (except when in response to a handler’s needs)

Examples of positive behavior includes:

Obeying Commands: 
Your service dog must perform basic obedience skills such as "sit," "stay," "down," and "heel" in distracting environments. 

Leash Control: 
Your service dog should walk calmly at your side without pulling on the leash or wandering off.

Ignoring Distractions: 
In a crowded airport or busy street, your service dog should be able to ignore distractions like other animals, loud noises, or food on the ground.

Overall Attitude: 
The dog’s demeanor should be calm, focused, and responsive in all public settings.

Flying with a Service Dog

While ADA rules cover public spaces, air travel follows additional guidelines under the Air Carrier Access Act (ACAA). Airlines require a completed U.S. Department of Transportation Service Animal Air Transportation Form. This form requests information about your service dogs health, training and behavior.

Important to note that service dogs and emotional support animals (ESAs) are subject to different airline policies. ESAs do not have the same access as service dogs, and individual airlines have pet policies for travel. Review your airline's requirements, complete necessary forms ahead of time, and arrive early to navigate security smoothly. Being prepared with documentation will ensure a more comfortable journey for both you and your service dog.

Why Knowing Your Rights Matters

As a person with a disability, understanding your rights is crucial when you’re out in public with your service dog. Knowing your rights ensure that you and your service dog are treated respectfully. For those managing stress disorders, like post-traumatic stress disorder, a well-trained service dog provides essential support. By being informed, you can confidently navigate public spaces with your service dog by your side.

Reporting ADA Violations

If you encounter a situation where someone isn’t following ADA laws with service dogs, you may report it. Start by calmly informing the business of ADA regulations; often, a polite explanation to a manager can resolve the issue. If the problem persists, you can file a complaint with the U.S. Department of Justice (DOJ). Contact the DOJ directly at 1-800-514-0301 or visit their website to submit a complaint online. Reporting these incidents helps protect the rights of all individuals with service dogs.

Here to Help

At Paws on Planes Inc., we understand the unique challenges that come with traveling your psychiatric service dog. We are here to ensure your dog is fully prepared for various public environments.

Our team can answer questions about ADA laws, airline policies, and the specific training requirements for Psychiatric Service Dogs. We’re passionate about empowering you to travel confidently and live fully with the support of your service dog. If you need help or have questions about training, documentation, or travel preparations, don’t hesitate to reach out. Your peace of mind is our priority, and we’re here to support you on your journey.