What can a business ask or require when I’m accompanied by my Service Dog?

By law, public entities (businesses and their representatives) are allowed to question a disabled handler to verify that they qualify to enter with a service animal. Although the questions may take a wide variety of forms, they are limited to the following:First, the handler may be asked to verbally confirm that he is disabled and that the dog is his/her service dog. The public entity, may NOT ask about the person’s disability, however. Obviously, this is an easy question to answer.

• EXAMPLE: “So you are disabled and this is your service dog?“

Second, the handler may be asked what major life task the animal is trained to perform for the handler. The handler should be able to provide credible verbal evidence to this question. If the handler hasn’t rehearsed the answer so it flows smoothly or the answer isn’t credible, then they may be denied. For example, if the handler explains that his dog carries his insulin or candy for him because he is diabetic, that isn’t a credible (major life) task. Why? Because the handler has pockets, can wear a fanny pack, or carry a bag to hold the insulin, etc. The answer must support the need for the service animal, based on the criteria of the ADA.

• EXAMPLE: “What task does your dog perform specific to your disability?“
• SAMPLE ANSWER: “At the onset of a seizure he’s trained to alert my wife or otherwise bring attention to me if I’m in a public setting.“

Finally, a public entity MAY NOT ask for registration or certification documents, ID cards, a letter from a physician, and may not require that a service dog wear a harness or vest with service animal insignia (although most wise handlers will make sure their dog is appropriately attired and easily identified as a service animal).

NOTE: Although businesses are very limited in what they can ask and require by law, that doesn’t mean that every business or its representative actually KNOWS or obeys the law. They may believe they know what they are allowed to ask and request, yet inadvertently break the law. It is paramount that a disabled handler with a service dog actually knows what the law is and be able to articulate it.