Service animal means ANY DOG that is INDIVIDUALLY TRAINED to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, PSYCHIATRIC, intellectual, or other mental disability.

If the individual with an emotional disability, such as someone who experiences panic or anxiety attacks (like my significant other) has a dog that is trained to help relieve those anxiety/panic attacks, or recognize them when they are coming on and alert the disabled person or others, then this “emotional support” certainly qualifies under the ADA.

Moreover, due to medical privacy laws, a business owner may ask what service function the dog provides, but the owner may simply refuse to answer that question because doing so is an indirect invasion of the owners medical privacy, and the owner NEED NOT ANSWER such intrusive questions. All that is required is that the owner either affirm that the dog is a service animal or identify the dog as a service animal by, for example, having the dog wear a harness, vest or other indication that it’s a service animal.

The Justice Department says this in it’s commonly asked questions document:

“3. Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.”

The definitions and requirements for service animals have been left deliberately broad and open because it is neither possible nor just to strictly regulate this field. So long as a particular service animal is not disruptive or dangerous, there simply should be no questions raised to the owner about the necessity of that animal. It’s not up to you, or “Frankie” or anyone else to judge whether or not another person has a disability that requires or is helped by the presence of a service animal. Doing so is discriminatory on its face, and it’s precisely what the ADA intends to prevent.

What it boils down to is that this “problem” with “fake service dogs” is not actually a problem at all. If the dog misbehaves, it doesn’t matter if it’s a legitimate service dog or not, it can be removed. If the dog does not misbehave, it’s nobody’s business what service the dog performs. Nor does a “fake” service dog impugn the reputation of “real” service dogs, because a business owner CANNOT EXCLUDE any service animal unless that particular animal misbehaves or creates a danger to others. Therefore the argument that someone passing their dog off as a service animal threatens the “privileges” of real service animals is just a bogus argument based in what amounts to jealousy by “legitimate” disabled persons who think it’s an “undeserved accommodation.”

Who cares whether it’s deserved or undeserved? So long as the animal behaves, no harm is done and the law expressly forbids discrimination based on a business owner’s prior experience with other service animals:

“10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?

A: You may exclude any animal, including a service animal, from your facility when that animal’s behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.”

“Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.” *

Reference: 28 CFR 36.104; (CFR = Code of Federal Regulations);

Website: http://www.gpoaccess.gov/cfr/index.html

An emotional support animal is not a service dog. A service dog has to demonstrate some type of physical action that helps the owner.