US laws
US laws
What is the Current US Law Regarding Psychiatric Service Dog?
The Americans with Disabilities Act (ADA) covers psychiatric service dogs in the United States. This law states that service animals must be allowed in all public places, such as stores, restaurants, hotels, and government buildings. Service animals are also allowed on airplanes. Service animals must be well-behaved and under the control of their handlers at all times. There are a few exceptions to the rules regarding service animals, but overall they are allowed in most places.
Service animals must be well-behaved and under the control of their handlers at all times. If a service animal is behaving in a way that poses a danger to others or is disruptive, the animal may be asked to leave the premises.
There are a few exceptions to the rules regarding service animals. For example, service animals are not allowed in areas where the presence of a dog would compromise safety, such as in a surgery room.
What Do Tenants Need to Know About Psychiatric Service Dogs?
The Fair Housing Act (FHA) protects people with disabilities from discrimination in housing, including rental properties and condominiums. The FHA requires that landlords make reasonable accommodations for tenants with disabilities, which may include allowing them to have a service animal in their units even if these have a “no pets” policy. Landlords are not allowed to charge a pet fee due to the presence of an assistance animal.
If you have a psychiatric service dog and you are considering renting a property, it is important to be aware of your rights and responsibilities.
Psychiatric service dogs must be allowed to accompany their disabled handlers/users at all times, except in very specific circumstances where having the dog present would be disruptive or dangerous. The owner is responsible for ensuring that the dog does not become a nuisance or danger to others, and does not soil or damage property.
The owner is also responsible for making sure that the dog is properly groomed and vaccinated, and must provide documentation as proof if requested by the landlord.
Finally, the owner must make sure that the dog does not pose a threat to the safety of other tenants or residents in the building. If the dog does pose a threat, the owner may be asked to remove the animal from the premises.
If you believe you have been discriminated against because of your disability, you can file a complaint with HUD. To learn more about the Fair Housing Act and how to file a complaint, visit HUD’s website or call HUD’s toll-free housing discrimination hotline at (800) 669-9777.
**The content above is meant to provide general information and should not be taken as legal advice. For more information about the Fair Housing Act and your rights, please contact HUD or an attorney specializing in fair housing law.**
Can You Fly With A Psychiatric Service Dog?
US-based airlines abide by the Air Carrier Access Act (ACAA), which permits Psychiatric Service Dogs to accompany their handlers in the cabin of the aircraft. The ACAA is a federal law that prohibits airlines from discriminating against passengers with disabilities. The Department of Transportation (DOT) that enforces the ACAA, requires all airlines operating in the United States, including foreign airlines flying to and from the country, to allow qualified individuals with disabilities to travel with their service animals in the cabin.
Under the Department of Transportation (DOT) regulations, airlines have the right to decline transportation of animals that are excessively large or may pose a risk to the safety or health of other passengers. Consequently, many airlines require specific forms to assess the health, behavior, and training of the service dogs onboard their aircraft.
If you intend to travel with a Psychiatric Service Dog, it is advisable to plan ahead and arrive at the airport earlier. This will grant you sufficient time to check in with the airline and navigate through security procedures without feeling rushed. Additionally, it is wise to organize all your documentation beforehand to promptly provide it to airline staff, if needed.
State Laws Regarding Psychiatric Service Dogs
Some US states have their own laws that recognize psychiatric service dogs as service animals. These laws may outline specific rights and responsibilities regarding psychiatric service dogs, such as public access rights and accommodations. It is important to check your local laws and regulations to understand how psychiatric service dogs should be acknowledged or presented in your specific area or state.
State Laws Regarding Psychiatric Service Dogs
According to Alabama state law, a service animal is any dog that has been trained independently to complete specific tasks for the benefit of someone with an impairment. These activities must be connected to their disability in some way. The ADA definition of a service animal also includes miniature horses who have been individually taught particular duties under certain conditions. Thus, qualifying animals include but are not limited to:
– a guide dog (or “seeing eye” dog) who helps someone who is visually impaired navigate public transportation and city streets
– a hearing dog that alerts someone who is hearing impaired to important sounds, like doorbells and alarms, or
– a seizure alert dog who warns someone with epilepsy of the onset of a seizure.
Psychiatric service dogs are also included (in 2011, Alabama expanded its service dog law beyond physical disabilities).Service animals are a miraculous asset for those suffering from mental disabilities, doing more than just comforting their owners. They can be trained to do tasks such as interrupting self-harming behavior, scanning rooms for intruders, calming an anxiety attack with pressure or helping its owner remember to take medication. Additionally they alert people of deadly allergens and even track an autistic child who has run off. Truly these amazing creatures have the potential to make life easier!
More Resources
https://www.alabamapublichealth.gov/alphtn/assets/072417sissonshandouts.pdf
“Service animals” are dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities. The work or task a service animal has been trained to provide must be directly related to the person’s disability.
More Resources
https://doa.alaska.gov/ada/policy/ADA101_ServiceAnimalPolicy.pdf
The Americans with Disabilities Act (ADA) and the Arizonans with Disabilities Act (AzDA) require local government agencies and businesses and nonprofit organizations that provide goods and services to the public (public places) to make “reasonable modifications” in their policies, practices, or procedures when necessary to accommodate people with disabilities.
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Accommodation law adopts federal definition: “service dog as defined in Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C § 12101 et seq., as it existed on January 1, 2017.
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California law allows persons with disabilities to bring trained service dogs and psychiatric service dogs, but not emotional support animals, to all public places. Several different California laws set out the rights of people with disabilities who use animals to assist them. These laws include the Unruh Civil Rights Act, the California Disabled Persons Act (CDPA), and the Fair Employment and Housing Act (FEHA). (Federal disability rights laws, such as the Americans with Disabilities Act (ADA), also protect the rights of people who use service dogs and emotional support animals.
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California State Law (CSL)
Provides for standardized identification tags for “assistance dogs” which it defines as “guide dogs, signal dogs, or service dogs.” Cal. Food and Agriculture Code § 30850 (2004)**
Protects those using guide dogs, signal dogs, or service dogs from additional fees (such as a standard pet fee) for bringing their assistive animal into their residence. Cal. Civil Code § 54.3 (1996)
California Fair Employment and Housing Act (FEHA)
Prohibits discrimination on the basis of disability in employment and housing; this includes reasonable accommodation in both rental/leasing and construction of housing. Cal. Gov’t. § 12927 (2010), Cal. Gov’t. §§ 12955-12955.1 (2011)
Municipal
Generally, CA counties or cities require licenses for all pets or animals. In most of these counties, service animals receive a fee waiver (though must still license their animal with the city/county).
See: Sacramento, Cal., City Code § 9.44.510 (2013); Los Angeles, Cal., Municipal Code §§ 53.15(b), 53.15.3 (2011); San Jose, Cal., Municipal Code § 7.20.550 (2007); S.F., Cal., Health Code Art. 1 § 41.23(b)(3)(1992).
Colorado’s law on service animals shares the ADA’s definition and rules on service animals. Both sets of law offer broad protections to people with physical, mental, sensory, intellectual, and psychiatric disabilities who use service animals to assist them.
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According to both the federal Americans with Disabilities Act (ADA) and Connecticut’s public accommodations law, those living with disabilities have the right to be accompanied by a service animal in any place of public accommodation. This includes restaurants, hotels, stores, theaters and much more! Connecticut’s law is more limited than the ADA, because it covers only dogs that assist those who are blind, deaf, or mobility-impaired; it doesn’t cover psychiatric service animals and service animals that assist those with other types of disabilities, as the ADA does. However, public accommodations in Connecticut must follow both state and federal law.
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Delaware’s Equal Accommodations Law recognizes service animals as those that are specifically trained to assist people with physical disabilities, such as guide dogs and signal dogs. These creatures must have been individually taught how to complete tasks for the person in need of assistance. The ADA law details the obligation of service animals to assist with mobility-related tasks such as pulling a wheelchair, retrieving objects that have been dropped, and providing minimal rescue or protection. While these examples are provided in the legal framework, it is essential to remember that assistance dogs trained for mental health disabilities (e.g., psychiatric service animals) also receive coverage under this act.
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People with disabilities have the privilege of being accompanied by their service animals anywhere in Washington D.C., as well as across America, according to the disability rights law and Americans with Disabilities Act (ADA). This means that they are welcome at restaurants, hotels, stores, theaters – any public place!
More Resources
https://code.dccouncil.gov/us/dc/council/code/sections/7-1002
Based on the federal Americans with Disabilities Act (ADA) and Florida state laws, individuals with disabilities have the right to bring their service animals along when visiting public places such as restaurants, tourism attractions, hotels and stores. Additionally, those in charge of transportation services must also accommodate people accompanied by a service animal.
More Resources
https://disabilityrightsflorida.org/disability-topics/disability_topic_info/service_animals
Georgia
Georgia laws and the Americans with Disabilities Act (ADA) guarantee people with disabilities the right to bring their service animals into any public spaces, such as eateries, museums, inns and stores. Furthermore, transportation services must also allow these types of service animals under both state law and federal regulations.
More Resources
https://agr.georgia.gov/Data/Sites/1/media/ag_foodSafety/files/GDA-ADA-Guidance-FY19.pdf
The state and federal laws of Hawaii provide comprehensive protections for individuals with disabilities to bring their service animals into residential or public areas.
More Resources
https://health.hawaii.gov/dcab/state-of-hawaii-resources-on-service-and-assistance-animals/
Idaho’s public accommodation law and the federal Americans with Disabilities Act (ADA) ensure that people with disabilities have access to establishments like restaurants, hotels, stores, theaters – among other places open to the public – by guaranteeing their right to bring service animals along as companions.
The laws of Idaho are much more limited than the ADA regulations, as they only protect animals that provide assistance to those with physical disabilities. Nonetheless, all public places in Idaho must honor both sets of legal guidelines.
More Resources
https://legislature.idaho.gov/statutesrules/idstat/title56/t56ch7/sect56-701a/
In Illinois, in addition to the federal Americans with Disabilities Act (ADA), individuals who have disabilities are legally entitled to bring their service animals into all public places such as restaurants, stores, museums and hotels. Furthermore, these laws obligate those providing transportation services to permit service animals.
Although you will not be liable for any additional expenses when bringing your service animal into a public space in Illinois, you must cover any damage caused by the animal.
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According to both the federal Americans with Disabilities Act (ADA) and Indiana’s laws protecting individuals with disabilities, it is permitted for those living with a disability to take their service animals into any public place. This includes stores, businesses, motels, restaurants, theaters and beyond! People with disabilities may also bring their service animals into public buildings and outdoor spaces (such as parks and sidewalks), and onto public transportation and common carriers (airplanes, ferries, and so on).
More Resources
https://adaindiana.org/resources/service-animals.html
https://www.in.gov/localhealth/harrisoncounty/food-protection/files/Brochure_Service_Animals.pdf
Individuals with disabilities are lawfully entitled to bring their service animals into public spaces, such as restaurants, hotels, stores and theaters, under both the Iowa Disability Rights Law and federal Americans with Disabilities Act (ADA). Public accommodations in Iowa must comply with both state and federal law.
More Resources
http://publications.iowa.gov/13700/1/Factsheet%2520Service%2520Animals.pdf
Under Kansas law’s disability rights law and the federal Americans with Disabilities Act (ADA), people with disabilities have the right to be accompanied by their service animals in restaurants, hotels, stores, theaters, and other public accommodations.
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Both state and federal law demand that all public accommodations in Kentucky, including stores, businesses, motels, restaurants, theaters, schools and more comply with the Americans with Disabilities Act (ADA) as well as Kentucky’s own Public Accommodation Law.This means that people living with disabilities are able to bring their service animals into all of these places.
More Resources
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49072
According to Louisiana’s service animal law and the federal Americans with Disabilities Act (ADA), individuals living with disabilities have the right to bring their assistance animals into any public space, such as stores, businesses, motels, restaurants, theaters, schools and more.
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In Maine, it is required by law to allow service dogs access in all public spaces and assistive animals must be permitted within housing units.
More Resources
https://www.maine.gov/ag/about/service_animal_policy.html
https://legislature.maine.gov/lawlibrary/what-is-maines-law-on-service-animals/9491
The Americans with Disabilities Act (ADA) and Maryland’s disability rights law provide people with disabilities the right to be accompanied by their service animals in a variety of public places, such as restaurants, hotels, stores, theaters and more.
More Resources
https://mdcourts.gov/sites/default/files/import/legalhelp/pdfs/accessibility/17tips.pdf
https://law.justia.com/codes/maryland/2010/human-services/title-7/subtitle-7/7-705
According to Massachusetts disability rights laws and the federal Americans with Disabilities Act (ADA), those living with disabilities are allowed access to most public spaces like stores, restaurants, theaters, schools etc. accompanied by their service dog. However this does not include emotional support animals or pets; although you may be able to bring one into your housing depending on state legislation.
More Resources
https://www.mass.gov/info-details/massachusetts-law-about-service-animals
https://www.mass.gov/info-details/disability-rights-for-users-of-assistance-animals
Michigan law and the federal Americans with Disabilities Act (ADA) mandate that people living with disabilities can bring their service animals to any public place, including but not limited to hotels, restaurants, stores, museums etc. Furthermore, transportation services are legally obligated to permit these assistance animals on board their vehicles.
Michigan law and the Americans with Disabilities Act (ADA) are similar; both provide comprehensive protection to those people relying on service animals for help, such as:
– guide dogs who help people with visual impairments navigate safely
– hearing dogs who alert those with hearing impairments to important sounds, such as phone ringtones, doorbells, and alarms
– animals that help alert their handlers to impending seizures (and protect their handlers during seizures)
– animals that assist with pushing, pulling, and holding and retrieving items
– animals that help their users maintain physical stability and balance, and
– psychiatric service animals, who can interrupt self-destructive or dangerous behavior, alerts users to the need to take medication, or diminish the effects of acute anxiety.
More Resources
https://www.michigan.gov/mdcr/divisions/ada-compliance/service-animals
People with disabilities in Minnesota have a legal right to be accompanied by their service animals in public spaces, such as restaurants, hotels and theaters. This is mandated under both state law and the federal Americans with Disabilities Act (ADA). The ADA covers individuals with all types of disabilities whereas Minnesota law only applies to certain individuals. No matter the differences between these two laws; businesses must still abide by them both for those carrying service dogs.
More Resources
https://www.disability.state.mn.us/technical-assistance/service-animals/
Under the Americans with Disabilities Act (ADA) and Mississippi’s Support Animal Act, people living with disabilities can bring their service animals to all public places such as restaurants, motels, stores, theaters and more. Although Mississippi law is less extensive than the ADA in some ways, it still must be followed by businesses that serve the public in this state. Consequently both federal and state laws need be kept in compliance for these establishments across Mississippi.
More Resources
https://law.justia.com/codes/mississippi/2013/title-43/chapter-6/article-5/section-43-6-155
The Missouri Disabilities Act and the federal Americans with Disabilities Act provide individuals living with disabilities legal protection to bring their service animals into public areas such as stores, businesses, motels, restaurants, theatres, schools and more. Both state and federal law require that all public accommodations comply with these regulations.
More Resources
https://disability.mo.gov/files/ServiceAnimalsAllowed.pdf
https://www.gpadacenter.org/missouri-revised-statutes-service-dogs
By Montana’s human rights law and the federal Americans with Disabilities Act (ADA), individuals living with disabilities should be allowed to bring their service animals anywhere that is considered a “public accommodation.” This includes stores, businesses, motels, restaurants, theaters, schools – really anyplace where the public has access. Businesses in Montana must abide by both state and federal regulations in regards to this matter.
More Resources
https://disabilityrightsmt.org/resources/service-animals/
https://leg.mt.gov/bills/mca/title_0490/chapter_0040/part_0020/section_0140/0490-0040-0020-0140.html
Nebraska’s civil rights law and the federal Americans with Disabilities Act (ADA) grant individuals with disabilities the right to go wherever they please, accompanied by their service animal. Whether it be a restaurant, hotel, store or theatre – those living with disability are legally allowed entry into any public establishment. Compared to federal law, Nebraska’s statutes are more limited in scope since it only covers animals utilized by physically impaired people and not those with mental impairments. Nevertheless, both state and federal laws must be obeyed by public spaces (as well as landlords) within the state.
More Resources
https://neoc.nebraska.gov/education/pdf/ServiceandCompanionAnimals.pdf
https://nebraskalegislature.gov/FloorDocs/107/PDF/Intro/LB309.pdf
In Nevada, citizens have the legal authority to bring their service dogs and miniature horses into housing complexes as well as public facilities.
More Resources
https://www.ndalc.org/wp-content/uploads/2016/09/Service-Animals.pdf
People with disabilities are entitled to all the same rights and privileges that those without disabilities enjoy, including being accompanied by service animals in any public space according to New Hampshire’s service animal law and federal Americans with Disabilities Act (ADA). This includes stores, restaurants, businesses, motels, theaters as well as educational institutions.
More Resources
https://www.nh.gov/disability/mediaroom/serviceanimals.htm
https://www.nhmunicipal.org/town-city-article/what-you-need-know-about-service-animals
By New Jersey’s Law Against Discrimination and the federal Americans with Disabilities Act (ADA), individuals with disabilities are permitted to bring their service animals into all public places, for instance hotels, restaurants, stores, museums and more. Transportation services must also permit these service animals as set by law.
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People with disabilities, as protected under New Mexico’s Service Animal Act and the ADA federally, have a right to accommodate their service animals in public places such as restaurants, hotels, stores or theaters.
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According to both New York law and the federal Americans with Disabilities Act (ADA), people who have disabilities are permitted to bring their service dogs into all public facilities such as restaurants, museums, hotels, etc. Additionally, public or private transportation services like taxis must also accept these animals on board.
New York law and the ADA differ in some ways, but public accommodations in New York must comply with both sets of laws, and their patrons are entitled to rely on whichever law provides the most protections.
More Resources
https://ag.ny.gov/sites/default/files/serviceanimals-english.pdf
https://www1.nyc.gov/assets/mopd/downloads/pdf/service-animal-flyer.pdf
North Carolina law and the Americans with Disabilities Act (ADA) protect those living with disabilities by granting them access to public spaces, like restaurants, museums, hotels, stores and transportation services. This means that all of these locations must permit service animals in their premises for people who rely on them for assistance.
Public accommodations in North Carolina must comply with both state and federal law, and their patrons are entitled to rely on whichever law provides the most protections.
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North Dakota’s service animal law and the federal Americans with Disabilities Act (ADA) make it possible for people with disabilities to take their service animals into all public places, including stores, businesses, motels, restaurants, theaters and educational institutions. Public accommodations in North Dakota must adhere to both state and federal regulations concerning these laws.
More Resources
https://ndlegis.gov/cencode/t25c13.pdf
https://www.health.nd.gov/regulation-licensure/food-and-lodging/service-animals
Ohio law and the Americans with Disabilities Act (ADA) both mandate that service animals are allowed in all public spaces such as restaurants, museums, hotels and stores. In addition to this, transportation services must welcome service animals too. Ohio law and federal law differ on service animals, but public accommodations in Ohio must comply with both state and federal law, and their patrons are entitled to rely on whichever law provides the most protections.
More Resources
https://www.disabilityrightsohio.org/service-animals
https://fclawlib.libguides.com/ohiolandlordtenantlaw/federal
People with disabilities, including those that use psychiatric service animals, have the right to bring their animal companions into establishments open to the public under both Oklahoma law and federal Americans with Disabilities Act (ADA). This includes restaurants, hotels, stores, theaters and more. The ADA protects people of all types of disabilities in these areas for equal access. Oklahoma’s service animal law is more limited, in that it covers only those who are blind, deaf or hard of hearing, or have another physical disability. However, businesses and other public accommodations in Oklahoma must comply with both state and federal law.
More Resources
https://www.ok.gov/odc/documents/service-animals-and-emotional-support-animals.pdf
Both Oregon’s disability discrimination law and the federal Americans with Disabilities Act (ADA) protect people with disabilities by allowing them to bring assistance animals into all public areas, such as businesses, motels, restaurants, stores, theaters, schools and government buildings. Public accommodations in Oregon must comply with both state and federal law.
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People with disabilities, including those that use psychiatric service animals, have the right to bring their animal companions into establishments open to the public under both Pennsylvania law and federal Americans with Disabilities Act (ADA). This includes restaurants, hotels, stores, theaters and more. The ADA protects people of all types of disabilities in these areas for equal access. Pennsylvania’s service animal law is more limited, in that it covers only those who are blind, deaf or hard of hearing, or have another physical disability. However, businesses and other public accommodations in Pennsylvania must comply with both state and federal law.
More Resources
https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2018&sessInd=0&act=118
Both Rhode Island’s disability discrimination law and the federal Americans with Disabilities Act (ADA) protect people with disabilities by allowing them to bring assistance animals into all public areas, such as businesses, motels, restaurants, stores, theaters, schools and government buildings. Public accommodations in Rhode Island must comply with both state and federal law.
More Resources
http://webserver.rilin.state.ri.us/BillText/BillText19/SenateText19/S0308.pdf
By South Carolina’s Law Against Discrimination and the federal Americans with Disabilities Act (ADA), individuals with disabilities are permitted to bring their service animals into all public places, for instance hotels, restaurants, stores, museums and more.
More Resources
https://www.scstatehouse.gov/sess122_2017-2018/bills/5041.htm
Under the Americans with Disabilities Act (ADA) and South Dakota’s service law, people living with disabilities can bring their service animals to all public places such as restaurants, motels, stores, theaters and more.
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Under Tennessee’s public accommodation law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, including stores, businesses, motels, restaurants, theaters, schools, and more. Tennessee’s law is more limited than the ADA, in that it applies only to dog guides who assist those with physical disabilities, but public accommodations in Tennessee must comply with both state and federal law.
More Resources
https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2013/op13-059.pdf
By Texas’s Law Against Discrimination and the federal Americans with Disabilities Act (ADA), individuals with disabilities are permitted to bring their service animals into all public places, for instance hotels, restaurants, stores, museums and more. Transportation services must also permit these service animals as set by law.
More Resources
https://gov.texas.gov/organization/disabilities/assistance_animals
By Utah’s Law Against Discrimination and the federal Americans with Disabilities Act (ADA), individuals with disabilities are permitted to bring their service animals into all public places, for instance hotels, restaurants, stores, museums and more.
More Resources
https://www.utahlegalservices.org/node/10/companion-animals-and-service-animals
By Vermont’s Law Against Discrimination and the federal Americans with Disabilities Act (ADA), individuals with disabilities are permitted to bring their service animals into all public places, for instance hotels, restaurants, stores, theaters and more.
More Resources
https://hrc.vermont.gov/sites/hrc/files/Newsletters/Newsletter%20October%202016%20jrb2.pdf
Under Virginia’s public accommodation law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, including stores, businesses, motels, restaurants, theaters, schools, and more. Virginia’s law is more limited than the ADA, in that it applies only to dog guides who assist those with physical disabilities, but public accommodations in Virginia must comply with both state and federal law.
More Resources
https://law.lis.virginia.gov/vacode/title51.5/chapter9/section51.5-44/
https://virginianavigator.org/article/64061/frequently-asked-questions-about-service-animals-and-ada
Under Washington’s Law Against Discrimination and the federal Americans with Disabilities Act (ADA), people with disabilities have the right to be accompanied by their service animals in restaurants, hotels, stores, theaters, and other places that are open to the public.
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Under West Virginia’s public accommodation law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, including stores, businesses, motels, restaurants, theaters, schools, and more.
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http://www.wvlegislature.gov/wvcode/chapterentire.cfm?chap=5&art=15§ion=4
Under Wisconsin’s equal rights law and the federal Americans with Disabilities Act (ADA), people with disabilities have the right to be accompanied by their service animals in restaurants, hotels, stores, theaters, and other places that are open to the public.
More Resources
https://disabilityrightswi.org/resource-center/service-animals/
Under Wyoming’s disability rights law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, including grocery stores, restaurants, theaters, schools, and more.
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