Service Dogs in Arizona
GET K9 Training is a proud sponsor of U.S. Service Animals, a national organization that provides life-saving service dogs for veterans. U.S. Service Animals also works closely with police and fire departments, public venues, and local business owners to educate employees about how to approach service dogs and their handlers. Additionally, the organization informs businesses of their legal rights when navigating issues with service dog teams and provides instructional classes and materials. Jenzi Langley of GET K9 Training is one of the founding Board Members and Head Trainers of U.S. Service Animals.
So What Exactly is a Service Dog?
Service Dog
Highly trained dogs who perform specific tasks to help their handler with any disability(s). Service dogs must be well-trained, be accompanying their disabled handler, be potty-trained, and be able to perform tasks to mitigate their handler’s disability. There is no certification for service dogs recognized by the U.S. Department of Justice. These dogs DO have Arizona legal protection to accompany their handler in public.
Therapy Dog
Certified dogs who provide comfort to other people in pre-approved settings. Therapy dogs do not require that their handlers be disabled. These dogs undergo specific training and testing to acquire certification. Therapy dogs may only be brought into pre-approved public places (such as hospitals, libraries, nursing homes, etc.). These dogs do NOT have Arizona legal protection to accompany their handler in public.
Emotional Support Animal/ Comfort Dog
Any dog whose sole purpose is to provide comfort for their disabled handler. There are no certification requirements, and the dog does not need to be trained or well-behaved. Emotional support is NOT a task, so emotional support dogs cannot be considered service dogs. These dogs do NOT have Arizona legal protection to accompany their handler in public.
Types of Service Dogs
So what can you say to a person with a service dog?
What Does the Law Say About Service Dogs?
FAQs
While you cannot ask about the person’s disability, you can ask:
- “Is this a service dog required because of a disability?
- “What tasks has this dog been trained to do to mitigate your disability?”
If the handler answers Question #1 with “No,” or “It’s a comfort/emotional support/therapy dog,” then you are legally allowed to deny entry to the dog, as only service dogs (or service dogs in training) are given legal protection for public access in Arizona.
If the handler answers Question #2 with “emotional support/comfort/stress relief” or “anxiety/PTSD/seizures/(other disablity),” then you are legally allowed to deny entry to the dog. Emotional support and comfort are not trained tasks and do not qualify the dog for legal public access protection in Arizona. Answers that state a disability (anxiety, PTSD, seizures, etc.) do not describe what the dog is trained to do. A person’s disability is never in question; a service dog’s training is, as that’s what grants the dog legal public access protection in Arizona!
Tasks are trained behaviors that help to mitigate a person’s disability. Please note that this is not an exhaustive list. Examples of tasks are:
-Forward Momentum Pull (FMP)
-Call Emergency Number
-Deep Pressure Therapy
-Behavior Interruption
-Carry Dropped Item
-Allergen Detection
-Hearing Alert
-Medical Alert
-Mobility
-Retrieval
-Blocking
-Bracing
-Guiding
-Find Help
-Grounding
According to the ADA and Arizona State law, service dogs do not need to wear a harness, vest, or patch identifying them as a service dog. If there is any question about whether or not the dog is truly a service, please ask the two legal questions lined out in the first FAQ.
According to the ADA and Arizona State law, service dogs do not need to be tethered or on a leash if:
1) the dog is under voice or hand signal control AND
2) the use of a leash or tether interferes with a service dog’s tasks.
If the service dog does not meet both criteria, then the service dog must be on a leash or other tether. If the service dog is out of control of its handler, an employee/staff member/manager may ask that the handler remove the dog from the premises.
NO! According to the ADA and Arizona State law, service animals do not need any certificate, doctor’s note, or ID. These things can be acquired without proof of a dog’s training, meaning that a dog can have one or all of these things without ever actually going through any training. Do NOT accept any of these as proof of the legitmacy of a service dog. Per the ADA.gov website:
“There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.”
Any breed of dog can be a service dog. Neither the ADA nor Arizona State law excludes any breeds from service dog work.
YES! By Arizona State law, there are circumstances under which you can LEGALLY exclude a service animal from a public place. If any of these circumstances take place, you may legally ask without fear of legal repercussions that the service dog leave. They are:
-If the service dog is posing a direct threat to the safety of others. An example would be if the dog is barking excessively or attempting to bite others.
-If the service dog is fundamentally altering the nature of the public place. An example would be a zoo setting where the dog’s presence would upset the zoo animals.
-If the service dog is posing an undue burden. An example would be if the handler cannot care for the service dog alone, and requires the help of another person.
-If the service dog is out of control of its handler or if the handler is not keeping the service dog under control. An example would be if the service dog was pulling at the end of its leash or barking/interacting with other customers and the handler did not bring the dog under control.
-If the service dog is not housebroken. An example would be if the dog urinates indoors.
Service dogs that are not controlled, not housebroken, or pose a threat to other customers or employees may be legally denied access. If the service dog is wandering or barking excessively and the handler does not bring the dog under control, then the staff may request the dog be removed from the premises.
The ADA and Arizona State law does allow employees to ask that disruptive service dogs be removed. Disruptive service dogs do not have public access rights.
According to the ADA, only two service dogs or service dogs in training are permitted to accompany a disabled individual at a time. If more than two service dogs accompany a single disabled individual, an employee/staff member/manager may ask that the handler remove all but two of the dogs from the premises in accordance with the ADA.
According to the ADA, service dogs must be on the floor or carried by their handler. An employee/staff member/manager may ask the handler to remove the service dog from the shopping cart, in accordance with the ADA.
It is illegal to leave a dog unattended in a car in Arizona. Under ARS 13-2910, it is a Class 1 misdemeanor that can lead to a $2,500 fine and up to six months in jail.
If a customer threatens to leave their pet in the car, inform them that doing so is illegal in Arizona, and that you will call the police if they proceed. If the person does leave the dog in the car after they have been denied entry, please call 911.
If the employee/staff member/manager has followed the laws and procedures listed here, then they are ADA compliant. A handler may contact whomever they want, but if the proper procedure outlined on this page in accordance with the law has been followed, then the law is on the side of the business.
These reasons for denying a service dog public access are listed for a reason: to help business owners and managers protect their business from those who may attempt to abuse the rights given to service dogs and their handlers.