Is It Illegal for a Store Employee to Ask Someone with a Service Dog to Leave?
Service dogs play a crucial role in assisting individuals with disabilities, allowing them to navigate daily life with increased independence. However, public misunderstandings and misinformation about service dogs often lead to conflicts between handlers and businesses. A common issue is whether a store employee can legally ask someone with a service dog to leave the premises.
The Americans with Disabilities Act (ADA) provides clear protections for service dog handlers in public spaces, including retail stores, restaurants, and other businesses. Yet, many employees and business owners are unaware of the law, leading to unlawful denials and discrimination.
This article will break down what the law says about service dog access rights, when a business can and cannot ask a service dog team to leave, and what to do if you are denied entry.
What Laws Protect Service Dogs and Their Handlers?
The Americans with Disabilities Act (ADA) is a federal law that protects individuals with disabilities from discrimination. It specifically grants service dog handlers the right to access public places, including:
✅ Stores
✅ Restaurants
✅ Hotels
✅ Theaters
✅ Schools
✅ Government buildings
Under the ADA, a service dog is defined as:
“A dog that is individually trained to do work or perform tasks for a person with a disability.”
Businesses and public spaces must allow service dogs to accompany their handlers unless the dog is out of control or not housebroken.
Are Stores Legally Required to Allow Service Dogs?
Service Dog Access in Public Places
Under the ADA (Title III), businesses open to the public must allow service dogs to accompany their handlers. This applies even if a business has a “No Pets” policy because service dogs are not pets—they are medical equipment trained to assist with a disability.
Examples of places where service dogs must be allowed:
• Supermarkets
• Shopping malls
• Retail stores
• Coffee shops
• Pharmacies
• Movie theaters
Can a Store Ever Refuse Entry to a Service Dog?
Businesses cannot deny access simply because a service dog is present. However, there are two legal reasons a business may ask a service dog to leave:
1️⃣ The dog is out of control, and the handler does not take appropriate action.
• Example: If a service dog barks excessively and disrupts customers, the store can ask the handler to control the dog. If the handler fails to do so, the store may ask them to leave.
2️⃣ The dog is not housebroken and creates a sanitation issue.
• Example: If a service dog urinates or defecates inside a store and the handler does not clean it up, the business can legally ask them to leave.
However, even if a service dog is removed, the handler must still be allowed to return without the dog.
What Questions Can a Store Employee Legally Ask?
If it is not obvious that a dog is a service animal, employees can only ask two questions:
1️⃣ “Is this a service dog required because of a disability?”
2️⃣ “What task has the dog been trained to perform?”
What Businesses CANNOT Do:
🚫 Require proof of certification (no official registry exists for service dogs).
🚫 Ask for medical records or details of the handler’s disability.
🚫 Ask the dog to demonstrate its trained task.
🚫 Deny entry based on breed or size.
Businesses that demand documentation are violating federal law and risk legal consequences.
What to Do If a Store Employee Asks You to Leave Because of Your Service Dog
Steps to Take If You Are Denied Entry
📌 Remain calm and inform the employee that service dogs are protected under the ADA.
📌 Explain that the business must allow service dogs unless the dog is out of control or untrained.
📌 If the employee still refuses, ask to speak to a manager.
📌 If necessary, report the business for ADA violations.
What If You Are Illegally Asked to Leave?
✅ Document everything: Take note of the date, time, location, and employee’s name.
✅ Ask for witness statements: If other customers saw the interaction, they can support your complaint.
✅ File a complaint with the DOJ (Department of Justice).
✅ Contact the store’s corporate office: Many companies have internal policies protecting service dogs.
Common Misconceptions About Service Dogs in Stores
❌ “Only Guide Dogs Are Service Dogs” – FALSE
Service dogs assist with many disabilities, including:
✔️ Mobility impairments
✔️ Psychiatric conditions (PTSD, anxiety, depression)
✔️ Hearing and vision impairments
✔️ Seizure detection
❌ “Service Dogs Must Wear a Vest” – FALSE
The ADA does not require service dogs to wear identification, vests, or special harnesses.
❌ “Businesses Can Demand Proof of Certification” – FALSE
There is no official certification or registration for service dogs in the U.S. Any website selling “official service dog certifications” is likely a scam.
Consequences for Businesses That Violate ADA Laws
Penalties for ADA Violations
Businesses that illegally deny service dog access can face:
❌ Fines of up to $75,000 for a first offense
❌ Fines of up to $150,000 for repeat offenses
❌ Lawsuits and legal action from individuals who were discriminated against
How Businesses Can Avoid ADA Violations
✔️ Train employees on service dog laws.
✔️ Educate staff on how to interact with service dog handlers.
✔️ Ensure policies are ADA-compliant to prevent legal consequences.
International Service Dog Access Laws in Stores
Canada
🇨🇦 The Accessible Canada Act protects service dog handlers from discrimination in public places. Some provinces have additional laws requiring businesses to allow service dogs.
United Kingdom
🇬🇧 The Equality Act 2010 makes it illegal for businesses to refuse service dog access.
European Union & Australia
🇪🇺 The EU has varying service dog regulations but generally allows public access.
🇦🇺 Australia’s Disability Discrimination Act (DDA) mandates service dog access in stores and businesses.
What Should Service Dog Handlers Know Before Visiting a Store?
📍 Know your rights under the ADA to confidently respond to challenges.
📍 Keep your service dog well-behaved to prevent access issues.
📍 Have a polite but firm response ready in case of discrimination.
Conclusion
- It is illegal for a store employee to ask someone with a service dog to leave, unless the dog is out of control or not housebroken.
- Service dogs are protected under the ADA, and businesses must allow them in public areas.
- If you are denied entry, remain calm, assert your rights, and take action if necessary.
By educating businesses and the public, we can ensure service dog handlers receive the access and respect they deserve.
