Under the ADA, a service dog is any dog individually trained to do work or perform tasks for a person with a disability, and it may go wherever the public may go. A business may ask two questions, may not demand papers, and may exclude the dog only if it is out of control or not housebroken. The ADA requires no certification, registration, vest or ID. These rules live in 28 CFR 36.104 and 36.302 and have not changed in substance since 2016.
The legal definition of a service animal
"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 individual's disability."28 CFR 36.104 (Title III); 28 CFR 35.104 is identical for state and local governments
Three words carry the weight: "dog", "individually trained" and "directly related". A dog of any breed or size can qualify. The training must be for a specific job, and the job must connect to the handler's disability.
What does not count: comfort and emotional support
The same definition closes the door on comfort: "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". That is why an emotional support animal is not a service animal under the ADA.
Psychiatric service dogs do count when they are trained for a task. DOJ's FAQ puts the line clearly: a dog "trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact" qualifies; "if the dog's mere presence provides comfort, that would not be considered a service animal." The 2010 rule lists examples such as reminding someone to take medicine, room searches for a person with PTSD, interrupting self-mutilation and removing a disoriented person from danger. See psychiatric service dog vs emotional support animal.
Miniature horses
Miniature horses are not "service animals" under the definition, but a separate rule requires businesses to make reasonable modifications "to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks" (28 CFR 36.302(c)(9)). A business may weigh the horse's type, size and weight, the handler's control, whether it is housebroken, and safety. Some states, Nevada among them, name miniature horses in their own definition.
Where service dogs may go
Handlers may go "in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go" (36.302(c)(7)). DOJ's guidance applies that to specific places:
- Restaurants and grocery stores: food businesses "must generally allow service animals in public areas even if state or local health codes prohibit animals." The dog stays on the floor or is carried, not in the cart or at the table. See service dogs in restaurants.
- Hotels: no restriction to pet rooms, no cleaning fees for hair or dander. See service dogs in hotels.
- Hospitals: patient rooms and anywhere patients and the public may go, except sterile areas such as operating rooms and burn units. See service dogs in hospitals.
- Pools and zoos: not in the pool, but on the deck; zoos may restrict only areas where the animals on display are a dog's natural prey or predators.
- Religious organizations: exempt from Title III, though state law may apply.
When a business may exclude a service dog
Only two reasons, in the regulation's words: "(i) The animal is out of control and the animal's handler does not take effective action to control it; or (ii) The animal is not housebroken" (36.302(c)(2)). DOJ adds that "Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals." If a dog is properly excluded, the business must still offer its goods or services to the handler without the dog.
Leash, harness and control
A service dog must have "a harness, leash, or other tether" unless the handler's disability prevents using one or it would interfere with the dog's task, in which case the handler controls the dog by voice, signal or other effective means (36.302(c)(4)). DOJ's example of an off-leash task is a PTSD dog "trained to enter a space, check to see that no threats are there, and come back and signal that it is safe to enter." The handler is responsible for the dog: a business "is not responsible for the care or supervision of a service animal."
Breed, number of dogs and fees
- Breed: any breed may be a service dog. Local breed bans must make an exception for a service dog unless that particular dog is a direct threat.
- More than one dog: generally allowed, and staff may ask the two questions about each.
- Fees: no surcharge, "even if people accompanied by pets are required to pay fees". If a business charges everyone for damage they cause, it may charge for damage the dog causes (36.302(c)(8)).
No certification, no vest, no ID
A business "shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal" (36.302(c)(6)). DOJ's FAQ adds that "The ADA does not require service animals to wear a vest, ID tag, or specific harness," that mandatory registration "is not permissible under the ADA," and that owner training is allowed. Online certificates and registrations "do not convey any rights under the ADA." See service dog registration.
A note on the guidance itself: DOJ's service animal pages now carry a banner saying guidance documents "have no legally binding effect". The regulations they explain are unchanged, and the service animal FAQ was not among the ADA guidance documents DOJ withdrew in March 2025.
Federal law vs state law
The ADA is a floor. States may give more rights, never fewer. The most common additions:
- Dogs in training. The ADA says "the dog must already be trained before it can be taken into public places", but many states give trainers access. Nevada does (NRS 651.075); California requires a county tag and a leash. See service dogs in training.
- Emotional support animals. DOJ notes that "some State or local governments have laws that allow people to take emotional support animals into public places."
- Misrepresentation penalties, in at least 36 states. See fake service dog laws.
Air travel follows the Air Carrier Access Act and housing follows the Fair Housing Act, not these ADA rules. Look up your state in service dog laws by state.
Common questions
Does the ADA cover service dogs?
Yes. Title III (businesses) and Title II (state and local governments) define a service animal as a dog individually trained to do work or perform tasks for a person with a disability.
Are there ADA breed restrictions for service dogs?
No. Any breed can be a service dog, and breed bans must make an exception unless a particular dog is a direct threat.
Can a service dog be off leash under the ADA?
Only if the handler's disability prevents using a leash or a leash would interfere with the task. The dog must still be under voice, signal or other effective control.
Does the ADA cover emotional support animals?
No. Emotional support and comfort are expressly not tasks under the definition, though some state or local laws give ESAs more.
Does the ADA cover service dogs in training?
No. DOJ says the dog must already be trained before it can be taken into public places. State law may cover dogs in training.
Did the ADA service dog rules change in 2025 or 2026?
Not in substance. The regulation's last substantive amendment was in 2016, and the DOJ service animal FAQ remains posted.
Sources
- 28 CFR 36.104, definition of service animal
- 28 CFR 36.302, modifications in policies: service animals and miniature horses
- 28 CFR 35.104, Title II definition
- DOJ, ADA Requirements: Service Animals FAQ
- DOJ, ADA 2010 Revised Requirements: Service Animals
- 42 U.S.C. 12187, religious organizations exemption
- Nevada NRS 651.075, public accommodations
General information, not legal advice. Policies and laws change; follow the sources. Last checked September 25, 2026.