Sources reviewed November 2, 2026 · U.S. federal baseline · General information
The federal baseline
ADA Title III covers many private businesses serving the public, including restaurants, hotels, stores, theaters, and professional offices. A service animal is a dog individually trained to perform disability-related work or tasks. Psychiatric tasks qualify; comfort from an animal’s presence alone does not.
Covered businesses generally must allow service dogs in customer-accessible areas. A “no pets” rule is not enough to refuse entry. Owners may train their own service dogs; a vest, purchased certificate, or professional training program is not an ADA prerequisite.
DOJ: service-animal overview (opens in a new tab)Two questions, when needed.
When the dog’s service role is not apparent, staff may ask:
- “Is the dog a service animal required because of a disability?”
- “What work or task has the dog been trained to perform?”
They may not demand a task demonstration, medical details, or service-animal certification. Service-dog status does not exempt a dog from generally applicable local vaccination and dog-licensing rules.
DOJ FAQ: questions, identification & licensing (opens in a new tab)Access has specific boundaries.
A handler must keep the animal under control and housebroken. Use a leash, harness, or tether unless disability or task performance prevents it; effective alternative control is still required.
A dog may be removed if it is not housebroken, or is out of control and the handler does not take effective corrective action. The person must still have a chance to use the business’s goods or services without the animal.
A fundamental alteration or a direct threat can also justify restrictions. A direct-threat decision requires an individualized, objective assessment of the actual risk and possible mitigation, not breed assumptions, fear, or generalizations. Sterile treatment areas can require special consideration.
Allergies or fear alone do not justify exclusion. Businesses should work to accommodate affected people. Service dogs do not have a right to restaurant chairs, food at the table, or swimming in public pools; pool-deck access is different.
28 CFR §§ 36.208 and 36.302 (opens in a new tab) DOJ: exclusions and public settings (opens in a new tab)Fees, hotels & miniature horses
Pet deposits and service-animal surcharges are not permitted. A business may charge for actual damage under its usual policy for other customers. Hotels cannot restrict service-dog users to pet-friendly rooms or charge for routine hair or dander cleaning; the handler remains responsible for supervision.
Trained miniature horses have a separate reasonable-modification rule. Assess their type, size and weight; control; housebreaking; and legitimate safety requirements. They are not simply covered by the dog definition.
DOJ: charges and miniature horses (opens in a new tab) DOJ FAQ: hotels (opens in a new tab)Match the setting to the law.
Private public accommodations
ADA Title III is the focus of this guide. Religious entities and qualifying private clubs have statutory exemptions. A label alone does not establish a private-club exemption.
Government services
State and local government programs generally fall under ADA Title II, with their own rules and remedies.
Housing, work & air travel
Housing may be governed by the Fair Housing Act; employment by ADA Title I and other laws. Airline transportation is governed by the Air Carrier Access Act and DOT rules, not ADA Title III rules for public accommodations. Read the airline guide below.
State & local protections
Some jurisdictions cover dogs in training or provide additional remedies. The ADA does not itself grant public-access rights to dogs still in training. State deadlines, notice rules, standing, and damages must be checked for the incident’s location; this is not a 50-state legal determination.
Airlines are part of the mission.
Airline service-dog access is governed by the Air Carrier Access Act (ACAA) and 14 CFR Part 382, not the ADA rules for restaurants and hotels. Airport facilities and independent airport businesses can involve different responsibilities and laws.
What changes when you fly?
DOT rules recognize dogs trained for disability-related tasks, including psychiatric tasks. Emotional-support animals and dogs still in training do not qualify. Airlines may require specified DOT forms about health, behavior and training, plus a relief attestation for flights scheduled for eight hours or more.
For reservations made more than 48 hours ahead, an airline may require forms up to 48 hours before departure. For bookings made less than 48 hours ahead, forms may be provided at the departure gate on the travel date. Missed advance notice does not automatically end the inquiry: the carrier must still accommodate if reasonable efforts allow it without delaying the flight.
DOT: flying with a service animal (opens in a new tab) 14 CFR §§ 382.72–382.80 (opens in a new tab)A refusal needs a lawful basis.
Not every refusal violates the law. Safety, health, missing required forms, actual threats or serious disruption can matter. Threat or behavior decisions must be individualized and consider mitigation; size-related refusals require consideration of available seating or transport alternatives. A refusal must be explained in writing at the airport or within 10 calendar days.
Ask for the right escalation.
Ask for the airline’s Complaints Resolution Official (CRO), available during operations in person or by phone. Preserve the written refusal, flight details, forms and messages. You can complain to the airline and to DOT. Do not delay: airlines generally need not respond to complaints sent more than 45 days after the incident unless DOT refers them. Other deadlines can differ.
DOT: disability rights and complaint resolution (opens in a new tab)Flying with Alaska Airlines?
Use Alaska Airlines’ service-animal information (opens in a new tab) alongside the DOT rules. Check your operating carrier and itinerary, preserve the policy version and communications, and ask which rule supports any refusal.
Alaska Airlines is included as a named policy resource, not an allegation of a violation, an endorsement, or a claim that Side by Right has filed a case against it. Corporate policies must be evaluated against the applicable law and the specific facts.
DOT enforcement and private litigation are different routes. Read the limits on airline lawsuits and our approach to corporate accountability.
File an airline complaint with DOTIf access is refused
Put your immediate safety first. Record the time, location, exact explanation, and what happened. Preserve receipts and messages. Ask witnesses for permission before sharing their details. Check local recording laws before making audio or video recordings.
You can use our private report tool or contact a qualified lawyer. For ADA public-accommodation issues, consider a DOJ complaint; for airline transportation, use the airline’s CRO and DOT complaint route. Creating a private packet does not submit an agency complaint or stop a legal deadline. Under federal law, DOT must investigate ACAA complaints. An investigation does not guarantee a favorable finding, enforcement action, or compensation.
49 U.S.C. § 41705: DOT investigation duty (opens in a new tab)DOJ complaint review is a separate process; submitting a DOJ complaint does not guarantee investigation.