Can a service dog be denied access to a public place if it is not well-behaved?

Yes, a service dog can be denied access to a public place if it is not well-behaved. While service dogs are granted legal access to most public spaces under laws such as the Americans with Disabilities Act (ADA) in the United States, this access is contingent on the dog being under control and behaving appropriately. If a service dog poses a direct threat to the health or safety of others, or if it is not housebroken or is out of control, the handler can be asked to remove the dog from the premises.

To understand this issue fully, it is important to clarify what constitutes a service dog. A service dog is specifically trained to perform tasks that assist a person with a disability. These tasks can include guiding individuals who are blind, alerting individuals who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, or performing other specialized tasks. Emotional support animals, therapy dogs, and pets do not qualify as service dogs under the ADA.

The ADA requires that service dogs be under the control of their handler at all times. This typically means the dog is on a leash, harness, or tether, unless these devices interfere with the dog's ability to perform its tasks. In such cases, the dog must still be under the handler's control through voice commands, signals, or other effective means. If a service dog is barking excessively, growling, lunging, or otherwise behaving aggressively, it is not considered under control. Similarly, if the dog is not housebroken and has an accident indoors, this is also grounds for removal.

Businesses and public entities are allowed to ask two specific questions to determine if a dog is a service animal: 1) Is the dog a service animal required because of a disability? and 2) What work or task has the dog been trained to perform? They cannot ask about the nature of the person's disability, require documentation, or demand that the dog demonstrate its tasks. However, if the dog is not behaving appropriately, they can ask the handler to remove the dog.

There are several practical tips for service dog handlers to ensure their dog remains well-behaved in public. First, consistent training and reinforcement of good behavior are essential. Service dogs should be trained to remain calm and focused in a variety of environments, including crowded or noisy spaces. Handlers should also be aware of their dog's stress signals and take breaks if the dog appears overwhelmed. Regular veterinary care and proper nutrition are also important to maintain the dog's health and behavior.

Potential risks of bringing a poorly behaved service dog into public spaces include harm to others, damage to property, and negative perceptions of service dogs in general. A poorly behaved service dog can create a dangerous situation, such as biting or knocking someone over, which could lead to legal consequences for the handler. Additionally, it can undermine the legitimacy of service dogs and make it more difficult for other handlers to gain access to public spaces.

If a service dog is exhibiting problematic behavior, it may be necessary to seek professional help. This could include consulting with a certified service dog trainer or a veterinary behaviorist to address the underlying issues. In some cases, the dog may need to be retired from service work if it cannot meet the behavioral standards required.

In summary, while service dogs are granted broad access to public places, this access is not unconditional. A service dog must be well-behaved, under control, and housebroken to remain in public spaces. Handlers have a responsibility to ensure their dog meets these standards through proper training, care, and management. If a service dog is not behaving appropriately, businesses and public entities have the right to ask for its removal, and the handler should take steps to address the behavior to prevent future issues.