Can I Ask For Proof Of Service Dog

Is Information technology Legal to Enquire for Service Dog Papers?

service dog

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

The American Disability Act (ADA) prohibits both public and private businesses from discriminating confronting people with disabilities. In and then doing, these businesses are required to allow people with disabilities to bring their service animals onto their bounds wherever customers are allowed to go. Sometimes it is confusing if an creature is a pet or a service domestic dog, and a business possessor may wish to enquire for documentation establishing that it is, indeed, a service dog. Is this legal? Absolutely. Simply that won't always aid.

No Papers, No Trouble

It'south like shooting fish in a barrel for business owners and patrons alike to exist confused regarding an animate being's "service" status, especially at businesses that accept clear "No Pets" policies. After all, some, but non all, service animals wear special collars, harasses, or vests. Some, but non all, are licensed or certified, and actually have certification papers.

You can legally enquire if the fauna is a service dog beast required because of a inability. However, since certification isn't necessary for an animal to be a service creature, papers cannot be a condition for allowing the animal in. And in case you were wondering, disabled people are not required to carry documentation of their medical weather or disabilities. So although it is legal to enquire for service canis familiaris papers, it really doesn't matter.

Annotation, however, that service animals are not pets. Businesses are not required to carelessness their "No Pets" policy. But they must make exceptions for service animals.

No Service, Big Trouble

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

The fauna's behavior poses a directly threat to the health or safety of others
Allowing a service animal in the business results in a fundamental alteration to the nature of the business (such as a barking dog in a movie)

Local and land health department regulations are trumped by the ADA, a federal law. So unless the animal is disrupting the establishment's concern, or it is acting aggressively, businesses must let the service animal and its possessor into any expanse of the business premise that other patrons can be, without charging whatever extra fees.

Refusing to permit access to a service animal can be an expensive mistake. Parkchester South Condominium, Inc, owner of a condo complex in New York Urban center, had its security guard issue a xxx 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 city $81,250 in penalties for willful violations of the NYC Human Rights Law, and a penalty of $10,000 for breaching a prior settlement agreement for a similar case.

If y'all feel that having a service animal in your establishment fundamentally alters your business organisation, contact a local government agencies and programs lawyer, who tin determine the legality of your belief before any expensive fines mount.

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

Related Resources:

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