# Is it illegal to ask a person if an animal is a guide service animal now? **URL:** \ **Category:** Factual Questions\ **Created:** [July 3, 2013, 7:54pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577 "2013-07-03T19:54:18Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [July 3, 2013, 7:54pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/1 "2013-07-03T19:54:18Z")
There are some customer service sites in which people seem to think it breaks a law if an employee asks if an animal is a service animal. I believe no law has been enacted making it so. I call utter bullshit and misunderstanding of stuff they have heard. How could you enforce health regulations dealing with animals on premises, if you couldn’t ask if it’s a service animal? ---
**Author:** ![moriah](https://avatars.discourse-cdn.com/v4/letter/m/b2d939/32.png) [@moriah](https://boards.straightdope.com/u/moriah)\ **Post date:** [July 3, 2013, 8:13pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/2 "2013-07-03T20:13:02Z")
I think in the retelling of the law, “you can’t ask a person with a guide dog to leave” got bastardized into “you can’t ask a person if that’s a guide dog.” ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [July 3, 2013, 8:21pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/3 "2013-07-03T20:21:19Z")
A small block of my police in-service training I took last month dealt with this. It’s a bit screwy. Under the law here (Wisconsin. Not sure if it’s also a federal law) you can ask if an animal is a service animal, but you can’t insist on the certification document. So if a guy comes in with a walrus and says it’s his service animal, under the law you have to accept his word and allow the animal in. I didn’t see anything in the reading that indicated what kind of consequences there are for people who lie. As far as I could see there isn’t any. ETA: And there isn’t any regulation as to what type of animal can be used as a service animal. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [July 3, 2013, 8:30pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/4 "2013-07-03T20:30:02Z")
> [@pkbites](#): > > A small block of my police in-service training I took last month dealt with this. > > It’s a bit screwy. Under the law here (Wisconsin. Not sure if it’s also a federal law) you can ask if an animal is a service animal, but you can’t insist on the certification document. So if a guy comes in with a walrus and says it’s his service animal, under the law you have to accept his word and allow the animal in. I didn’t see anything in the reading that indicated what kind of consequences there are for people who lie. As far as I could see there isn’t any. > > ETA: And there isn’t any regulation as to what type of animal can be used as a service animal. [ADA Service Animals](http://www.ada.gov/service_animals_2010.htm) [QUOTE] [ul] [li] **Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.** [/li][li]A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.[/li][li]Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.[/li][/QUOTE] [/ul] > [@](#): > > **When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (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.** Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. Service Horses > [@](#): > > In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. ---
**Author:** ![jacobsta811](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jacobsta811/32/2893_2.png) [@jacobsta811](https://boards.straightdope.com/u/jacobsta811)\ **Post date:** [July 3, 2013, 8:32pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/5 "2013-07-03T20:32:11Z")
Edit, too slow. Echo what is said above. ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [July 3, 2013, 8:37pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/6 "2013-07-03T20:37:50Z")
Thanks for the replies. I knew I’d get an answer here. Bullshit on can’t ask if it’s a service animal. Bonus is you know anything not a dog or miniature horse is not allowed. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [July 3, 2013, 8:46pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/7 "2013-07-03T20:46:44Z")
That’s interesting. I would have thought there’s some kind of documentation required to have a service animal. So, basically, anyone can take a dog and lie about its status and function as a service animal if they wanted to? I mean, I guess I could kind of see the point in that you don’t want people who legitimately use service animals getting hassled all the time for “their papers,” but I’m still a bit surprised if I’m understanding that correctly. ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [July 3, 2013, 9:09pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/8 "2013-07-03T21:09:06Z")
I’m just waiting to encounter some of the new generation of [“service animals”](http://scienceblogs.com/culturedish/2008/12/31/assistance-monkeys-ducks-parro/) on a plane flight. :dubious: ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [July 3, 2013, 9:22pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/9 "2013-07-03T21:22:36Z")
> [@runner pat](#): > > [ADA Service Animals](http://www.ada.gov/service_animals_2010.htm) > > [/LIST] That’s the Federal statute, which I posted I didn’t know about. What I was talking about was our state regs, which you would think would mirror the feds but doesn’t. It’s more permissive. The instructor pointed out about some people who have helper monkeys and even helper birds. :rolleyes: ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [July 3, 2013, 9:40pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/10 "2013-07-03T21:40:11Z")
Add in is it illegal for an non employee random person to start quizzing the person about there legitimacy of the service animal claim. Prove it I don’t believe it. Not that I expect the owner to be required to respond, but the random stranger has no legal restrictions on their questions do they. ---
**Author:** ![dstarfire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dstarfire/32/5762_2.png) [@dstarfire](https://boards.straightdope.com/u/dstarfire)\ **Post date:** [July 3, 2013, 11:58pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/11 "2013-07-03T23:58:06Z")
A random stranger (theoretically) has no ability to interfere with the service animal or it’s human, so they’re free to do or say anything that’s not prohibited by some other law. ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [July 4, 2013, 12:00am UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/12 "2013-07-04T00:00:50Z")
> [@dstarfire](#): > > A random stranger (theoretically) has no ability to interfere with the service animal or it’s human, so they’re free to do or say anything that’s not prohibited by some other law. That’s what I thought. The law only applies to the business then. ---
**Author:** ![Lasciel](https://avatars.discourse-cdn.com/v4/letter/l/e79b87/32.png) [@Lasciel](https://boards.straightdope.com/u/Lasciel)\ **Post date:** [July 4, 2013, 12:08am UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/13 "2013-07-04T00:08:02Z")
Echoing what was said earlier, states are able to be MORE permissive regarding service animals, just not LESS permissive. At my branch, a few years ago, we had a regular patron who had a “service dog” who was a miniature terrier that she wore in a baby sling, with no service markings or harness or anything. According to her (we didn’t ask, she volunteered) it was necessary that she wear the dog to keep her severe yet unofficial (again, she volunteered) social anxiety at bay. If we wanted to be assholes about it, I’m sure we could have contested it, but really, she looked perpetually stressed, and I didn’t (and still don’t) give that much of a shit. I live in the hope that someone will walk in with a service pony. I won’t even mind if it drops horse turds on our floor. A service pony is cool as hell. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [July 4, 2013, 2:04am UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/14 "2013-07-04T02:04:48Z")
> [@Jackmannii](#): > > I’m just waiting to encounter some of the new generation of [“service animals”](http://scienceblogs.com/culturedish/2008/12/31/assistance-monkeys-ducks-parro/) on a plane flight. :dubious: US commercial air travel and people with disabilities are also governed by the [Air Carrier Access Act](http://airconsumer.ost.dot.gov/publications/disabled.htm). ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [July 4, 2013, 2:06am UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/15 "2013-07-04T02:06:39Z")
> [@Lasciel](#): > > According to her (we didn’t ask, she volunteered) it was necessary that she wear the dog to keep her severe yet unofficial (again, she volunteered) social anxiety at bay. Animals for emotional issues are not service animals under ADA. > [@Lasciel](#): > > I live in the hope that someone will walk in with a service pony. I won’t even mind if it drops horse turds on our floor. A service pony is cool as hell. Portland, Oregon, has already set up rules for miniature horse (not pony) service animals using mass transit, including light rail. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [July 4, 2013, 12:04pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/16 "2013-07-04T12:04:01Z")
I’ve never seen any service animals in public in Virginia other than dogs; but I do know that “comfort animals” and such to help with psychological issues do preempt some local ordinances here. For example we had a neighbor woman who had a pet goat she kept in her back yard. This was in violation of a city ordinance prohibiting the keeping of livestock, which goats fit said classification. But she had the animal to help with an anxiety issue or something and the local ordinance was thus unenforceable. (I have some busy body neighbors that tried, I personally didn’t give two shits if someone down the street had a goat since it doesn’t affect me at all.) ---
**Author:** ![Lasciel](https://avatars.discourse-cdn.com/v4/letter/l/e79b87/32.png) [@Lasciel](https://boards.straightdope.com/u/Lasciel)\ **Post date:** [July 4, 2013, 8:47pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/17 "2013-07-04T20:47:57Z")
“Comfort animals” aren’t actually legal here - I wish they were, actually. However, I was the manager, and it was my call, and I didn’t feel like being a legalistic asshole. If her life and emotional state are such that she feels better carrying a dog around in a sling with her all the time, then I’m not going to be the one to harsh her vibe. ---
**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\ **Post date:** [July 4, 2013, 9:10pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/18 "2013-07-04T21:10:42Z")
> [@pkbites](#): > > The instructor pointed out about some people who have helper monkeys and even helper birds. :rolleyes: “Parrots for psychosis” is apparently a thing. I think that would make a cool bumper sticker. 🆒 ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [July 4, 2013, 9:14pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/19 "2013-07-04T21:14:50Z")
> [@Duckster](#): > > Portland, Oregon, has already set up rules for miniature horse (not pony) service animals using mass transit, including light rail. Do they have legalistic definitions to decide what’s a “miniature horse” and what’s a “pony”? Like a list of “horse” breeds and a list of “pony” breeds? They’re all the same species. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [July 4, 2013, 9:19pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577/20 "2013-07-04T21:19:19Z")
> [@Ambivalid](#): > > “Parrots for psychosis” is apparently a thing. I think that would make a cool bumper sticker. 🆒 [Psittacines](http://en.wikipedia.org/wiki/Parrots) for psychosis. [Next page](https://boards.straightdope.com/t/is-it-illegal-to-ask-a-person-if-an-animal-is-a-guide-service-animal-now/662577.md?page=2)