What you can, and will, be asked by the public

When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. (Source: ADA 2010 Revised Requirements) In short, the only proof someone needs to provide is verbal.

In Grill v. Costco Wholesale Corp., 312 F. Supp. 2d 1349 (W.D. Wash. 2004), a Washington district court upheld a private membership club’s written policy that required store employees to first look for visible identification that the animal was a service animal and, if no identification existed, to ask what task or function the animal performed that its owner could not otherwise perform. The club’s policy prohibited employees from asking specific questions about the person’s disability. The court referenced the DOJ ADA Business Brief: Service Animals in finding that the policy complied with the ADA, stating that the DOJ’s interpretation of its own regulations should be entitled deference absent a contrary reading of the regulation.

This is important because it allows disabled individuals to go about their day like everyone else. The law is written this way because otherwise anyone who uses a Service Dog could be stopped anywhere by anyone and forced to show paperwork or proof of training.

Please do not automatically flash your registration, training documentation, doctor’s notes or other forms of identification in order to gain entry as it may give the impression that type of paperwork is required, thus it may make access more difficult for the next Service Dog team. Try to explain the law and what the public is allowed to ask first.

That being said, many Service Dog owners voluntarily choose to provide a vest for their dog, special harnesses, carry ID cards or a letter from their physician, etc. in order to avoid conflict. Please see below:

Section § 35.136 Service animals part "f" of the Americans with Disabilities Act says:

(f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability). 

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