Service Dog Laws and Rights in Georgia
Service dogs play a crucial role in the lives of individuals with disabilities by performing specific tasks to assist them with daily activities. Understanding the rights and laws regarding service dogs is essential for both handlers and businesses. In Georgia, service dog handlers are protected under federal laws such as the Americans with Disabilities Act (ADA), as well as state-specific laws that regulate public access, housing, employment, and penalties for service dog fraud. This guide provides an in-depth look at service dog laws in Georgia, outlining the rights of handlers and the responsibilities of public entities, employers, and landlords.
Definition of a Service Dog Under Georgia Law
What Qualifies as a Service Dog?
Under Georgia law and the ADA, a service dog is defined as a dog that is individually trained to perform specific tasks that assist a person with a disability. The disability can be physical, sensory, psychiatric, intellectual, or other mental impairments. Unlike emotional support animals (ESAs) or therapy dogs, service dogs must be trained to perform tasks directly related to the handler’s disability.
Service Dogs vs. Emotional Support and Therapy Dogs
• Service Dogs: Trained to perform specific tasks that mitigate their handler’s disability. They have full public access rights.
• Emotional Support Animals (ESAs): Provide comfort and companionship but do not require specialized training. They do not have public access rights under the ADA.
• Therapy Dogs: Provide comfort to groups of people in settings such as hospitals or schools but are not considered service animals under the law.
Tasks a Service Dog Can Perform
Some of the tasks service dogs are trained for include:
• Guide dogs for individuals who are blind or visually impaired.
• Hearing dogs for those who are deaf or hard of hearing.
• Mobility assistance dogs to help individuals with physical disabilities.
• Medical alert dogs that detect seizures, diabetes-related changes, or allergic reactions.
• Psychiatric service dogs that help with PTSD, anxiety, and other mental health conditions by performing tasks like deep pressure therapy and interrupting harmful behaviors.
Federal Laws Protecting Service Dog Handlers in Georgia
Americans with Disabilities Act (ADA)
The ADA is the most important law protecting service dog handlers. Under the ADA:
• Service dogs must be allowed in all public places, including restaurants, stores, hotels, hospitals, and government buildings.
• Businesses cannot require proof of certification or training.
• Only two questions can be asked about the dog:
1. “Is this a service dog required because of a disability?”
2. “What task has the dog been trained to perform?”
Fair Housing Act (FHA)
• Landlords must allow service dogs in housing, even if they have a “no-pet” policy.
• Pet deposits and fees cannot be charged for service dogs.
• Landlords can request documentation that proves the tenant’s need for a service dog but cannot deny housing based on breed or size.
Air Carrier Access Act (ACAA)
• Service dogs are allowed to fly with their handlers in the airplane cabin free of charge.
• Airlines can request the U.S. Department of Transportation’s (DOT) Service Animal Air Transportation Form to verify the service dog’s training and behavior.
• Emotional Support Animals (ESAs) are no longer considered service animals under the ACAA.
Georgia-Specific Service Dog Laws
Georgia Code Title 30-4-2
• Ensures equal access for individuals with disabilities accompanied by service dogs.
• Prohibits discrimination against qualified service dog handlers in public spaces.
• Allows service dogs-in-training the same access rights as fully trained service dogs.
Penalties for Service Dog Fraud in Georgia
It is illegal to misrepresent a pet as a service dog in Georgia. Violations can result in:
• Fines up to $1,000
• Up to 12 months in jail
• Community service requirements
Public Access Rights for Service Dogs in Georgia
Service dogs are legally allowed in:
• Restaurants and cafés
• Grocery stores and malls
• Hotels and lodging
• Public parks and transportation
• Educational institutions
• Hospitals and medical facilities
Businesses cannot:
• Ask for service dog certification.
• Charge extra fees for service dogs.
• Refuse entry based on breed or size.
Businesses can ask a handler to remove their service dog if:
• The dog is out of control and the handler does not take action.
• The dog is not housebroken.
Housing Rights for Service Dog Owners in Georgia
• Under the FHA, landlords must allow service dogs even if they have a “no pets” policy.
• Landlords cannot charge pet fees or deposits for service dogs.
• Breed restrictions do not apply to service dogs in housing.
If a landlord refuses to comply, tenants can:
• File a complaint with the U.S. Department of Housing and Urban Development (HUD).
• Seek legal assistance from fair housing advocacy groups.
Service Dogs in the Workplace
Under the ADA, employers must:
• Provide reasonable accommodations for employees who need a service dog.
• Allow service dogs in office settings, stores, or other workplaces.
Employees should:
• Notify their employer and provide documentation of their disability if required.
• Ensure their service dog is well-behaved and trained for the workplace environment.
Traveling with a Service Dog in Georgia
• Public transit: Service dogs must be allowed on buses, trains, and rideshares.
• Airports: Service dogs are permitted in all areas open to the public.
• Airlines: Require the DOT’s Service Animal Air Transportation Form.
Service Dog Training and Certification in Georgia
• Georgia does not require service dog certification.
• Handlers can train their own service dog or seek professional training.
• Registration is optional but may provide convenience.
Frequently Asked Questions (FAQs) About Service Dogs in Georgia
Can businesses ask for proof of service dog certification?
No. Under the ADA, businesses cannot demand paperwork or certification.
Are service dogs-in-training protected under Georgia law?
Yes. Service dogs-in-training have the same access rights as fully trained service dogs.
Can hotels charge extra for a service dog?
No. Hotels must allow service dogs at no extra charge.
What should I do if my service dog access rights are violated?
File a complaint with the U.S. Department of Justice (DOJ) or local disability advocacy organizations.
Conclusion
Service dog handlers in Georgia are protected under both federal and state laws. Businesses, landlords, and employers must accommodate service dogs under the ADA, FHA, and ACAA. Misrepresenting a pet as a service dog is a serious offense in Georgia, leading to fines and legal consequences. Knowing your rights ensures that individuals with disabilities can fully participate in society with their service dogs.
If you require service dog certification or resources, Assistance Dog Partners provides support for service dog handlers in Georgia and beyond.
