Rights of the Disabled Under the ADA to Travel with a Service Animal

For a disabled individual, a service dog can be invaluable. The benefits to the visually impaired are most obvious. But did you realize that even a dog that you initially acquired as a pet can be considered a service animal when he provides support to a person who is mentally disabled?

Individuals afflicted with social anxiety disorder can become virtual shut-ins with no regular outside contact. It becomes a self-exacerbating problem for many. There is a therapeutic benefit in the interaction between a dog and its master. When that master is disabled by mental illness – whether it be bipolar disorder, social anxiety disorder, or any of the functional mental illnesses – the dog’s role can increase to that of a support animal. He can enable the individual to leave home and give him a confidence that traveling alone it may not be possible to mentally muster.

The support and/or service animal designation is an important one. Under the Americans with Disabilities Act (the “ADA”), privately owned businesses that serve the public cannot discriminate against the disabled. The ADA mandates that businesses such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities admit individuals accompanied by their service animal.

The ADA defines a service animal as any dog or animal individually trained to provide assistance to a disabled person. There is no state or local government licensing required for a disabled individual to hold their animal out as a service animal when it performs such functions.