What Disqualifies a Dog from Being a Service Dog?
Under the Americans with Disabilities Act (ADA), a service dog is defined as a dog individually trained to perform specific tasks or work for a person with a disability. However, not every dog automatically qualifies as a service animal. The animal must meet strict behavioral and task-based criteria, and several factors can disqualify a dog from being recognized as a service dog under the law.
1. Lack of Task-Specific Training
The cornerstone of service dog eligibility is individualized training to perform specific tasks directly related to the handler’s disability. Dogs that provide only general comfort or emotional security, without performing any actionable task, do not qualify as service dogs. For example:
- A dog that calms a person simply through its presence is not a service dog.
- A therapy dog that provides relief in hospitals but does not help a specific individual with clear tasks is not a service dog.
2. Emotional Support and Therapy Animals
Though often mistaken as service animals, emotional support animals (ESAs) and therapy dogs are not service dogs under the ADA. They are not trained to do specific tasks that mitigate disabilities and do not have public access rights under federal law. This distinction is critical in places that enforce no-pets policies.
3. Not Housebroken
A core expectation for a service animal is that it is housebroken. If a dog is not reliably potty-trained and may relieve itself in public spaces, it can be legally excluded from public access and does not meet ADA standards.
4. Lack of Control in Public
Service dogs must be under the handler’s control at all times. This usually means being on a harness, leash, or tether, unless these interfere with the service work. In such cases, voice commands or hand signals may be used. A dog that lunges, barks, growls, or approaches others uninvited can be disqualified if the handler fails to manage the behavior.
5. Posing a Health or Safety Threat
Even well-trained service dogs can be excluded if their presence fundamentally alters the nature of a service or program, particularly in sterile environments like hospital operating rooms. Additionally, if a dog exhibits aggressive or dangerous behavior, or presents a direct threat to health or safety, it may be legally excluded or disqualified.
6. Misrepresented or Fraudulent Service Animals
Dogs falsely presented as service animals—such as pets wearing vests or falsely claimed ESAs—are subject to state laws against fraudulent representation. Misuse can lead to fines and makes access more difficult for legitimate service dog teams.
7. Non-Compliance with Local Laws
Although the ADA does not require registration or certification, service dogs must still follow local licensing and vaccination requirements. Unregistered or unvaccinated dogs may be disqualified from public access under city ordinances.
8. Not a Dog (or Miniature Horse)
The ADA recognizes only dogs—and in some cases, miniature horses—as service animals. Any other species, even if trained to assist, are not protected under the ADA’s public access provisions.
9. Behavior Over Breed
There are no breed restrictions under the ADA. Any breed can qualify as a service dog if properly trained. However, behavior—not breed—can disqualify a dog. An animal displaying threatening tendencies or that cannot remain calm in public environments may be excluded.
Responsibilities of the Handler
- Maintain control over the service dog in public settings.
- Ensure the dog is fully housebroken.
- Keep vaccinations and licensing up-to-date.
- Answer the legally allowed questions: Is the dog a service animal required for a disability? What task is the dog trained to perform?
Conclusion
To qualify as a service dog, the animal must be task-trained, well-behaved in public, and under the direct control of the handler at all times. Emotional support animals, therapy dogs, or pets with no specific training do not qualify. Furthermore, public spaces and businesses have the right to exclude service animals that are not under control, are disruptive, or are not housebroken. Understanding these requirements not only protects service dog teams but helps maintain access and safety in diverse community settings.
