Understanding Tennessee's Service Dog Laws
Service animals offer invaluable support to individuals with disabilities. In Tennessee, as in other U.S. states, the laws governing service dogs are designed to ensure equal access and prevent discrimination against individuals who depend on them. These laws adapt federal regulations outlined by the Americans with Disabilities Act (ADA) while also including specific state-level stipulations.
Definition of a Service Dog
According to the ADA and echoed in Tennessee law, a service dog is defined as a dog that is individually trained to perform tasks or do work for the benefit of a person with a disability. Psychiatric service dogs are also covered under this definition, though emotional support animals (ESAs) are not.
Legal Rights of Service Dog Handlers
- Public Access: Individuals with service dogs have the right to enter all public spaces, including restaurants, stores, schools, and government buildings.
- No Extra Fees: Businesses and landlords cannot charge extra fees for service animals, even if they typically do for pets.
- Proof and Documentation: Businesses may only ask if the dog is a service animal and what tasks it performs. They cannot demand documentation or identification.
Employment Rights
Under the ADA and Tennessee employment law, employers must provide reasonable accommodations to employees with service animals, unless it causes an undue burden. Employers cannot deny a qualified individual employment because they use a service dog.
Housing Protections
Tennessee adheres to the Fair Housing Act, which requires landlords to allow service animals — and sometimes ESAs — even in 'no-pet' housing. These animals are not considered pets under the law, and landlords cannot charge pet deposits for them.
Responsibilities of Handlers
- Handlers must maintain control of their service animal at all times, typically through a harness, leash, or tether, unless such equipment interferes with the dog’s task.
- The dog must be housebroken and well-behaved in public settings.
- If the animal behaves aggressively or is not under control, it may legally be removed from the premises.
Penalties for Misrepresentation
Tennessee has a law that prohibits misrepresenting a pet as a service animal. Individuals who falsely claim a pet is a service dog may face fines or other penalties, designed to preserve the credibility and rights of genuine service animal users.
Differentiating Service Animals from ESAs
While service animals have specific legal protections, emotional support animals do not enjoy the same rights under Tennessee law. ESAs are not permitted in public spaces unless the business chooses to allow them. However, some housing protections apply to them under federal guidelines.
Transportation and Travel
Tennessee complies with federal laws that protect the use of service animals in transportation settings. For example:
- Public Transit: Buses and trains must accommodate service dogs without additional charge.
- Air Travel: Airlines permit service animals aboard in accordance with U.S. Department of Transportation regulations (2021 update limits animals to trained service dogs only).
Training and Certification
Tennessee does not require service dogs to be certified or registered with the state. However, they must be individually trained to assist a person with disabilities. Dogs in training have limited public access rights in Tennessee if they are accompanied by their trainer with proper identification.
Conclusion
Tennessee maintains a strong framework to protect the rights of individuals with service dogs while also safeguarding businesses and the public. These provisions ensure that people with disabilities can lead more independent lives through the companionship and assistance of well-trained service animals.
