Can An Arizona Business Legally Deny Your Service Dog?

I stopped into a locally franchised fast food over the weekend. As I sat down, a young family claimed the table next to me. They rearranged the tables to make room for a service dog that belonged to one of the women in the group.

The dog was young but extremely well-behaved. He listened to and followed commands and was very attentive to his owner.

After about ten minutes, the restaurant owner came to the table and expressed polite concern about the dog.

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Since the dog wasn't wearing a service dog vest, he was concerned that the group was bringing the family pet into the restaurant. He explained that he'd received a complaint and just wanted to make sure everything was above board.

The dog's handler clearly knew her rights. She explained that anyone could purchase a "service dog" vest online, which doesn't really mean anything anymore. Second, the dog was not required to have a vest to prove it was a service dog.

The entire exchange was very cordial, but it brought up some very important questions.

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What Can a Business Owner Legally Ask About a Service Dog in Arizona?

In Arizona, businesses are required to follow the guidelines of the Americans with Disabilities Act (ADA), and the rules apply to service animals.

Under the ADA, a service animal is defined as "a dog that has been trained to perform tasks directly related to a person's disability."

Businesses that serve the public must allow service animals to be with their handlers in all areas where the public is permitted. They're not allowed to isolate or clear the area. Business owners and staff are not allowed to deny them service for any reason, including allergies or a fear of dogs.

What is a Service Animal, According to the ADA?

According to the ADA, this is what defines a service animal:

Service animals are:

• Dogs of any breed and any size
• Trained to perform a task that is directly related to a person's disability

Service animals are not:

• Required to be certified or go through a professional training program
• Required to wear a vest or other ID that indicates they're a service dog
• Emotional support or comfort dogs, because providing emotional support or comfort is not a task related to a person's disability.

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What Can a Business Owner Legally Ask About a Service Dog in Arizona?

When a dog comes into an establishment, business owners are only allowed to ask two questions to determine whether a dog is a service animal:

1. Is the dog required because of a disability?
2. What task has the dog been trained to perform?

They're not allowed to ask the handler for documentation proving the dog is a service dog. They can't ask or require the dog to demonstrate its task or ask about the nature of the person's disability.

Do Service Dogs Have to Wear a Vest?

Service animals don't have to identify themselves. They are not required to wear a vest, an ID tag, or a harness indicating they are service dogs.

This is important: a business can't deny service to someone with a service animal unless the dog is misbehaving.

If the dog is out of control and the handler can't get it to settle down, or if the dog isn't housebroken, then the business can ask the dog to leave. Even still, the business has to offer the person an opportunity to buy the goods and services without the animal present.

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Do Emotional Support Animals Qualify as Service Animals?

Emotional support animals are not protected and do not qualify as service animals under the ADA.

If you're not clear on the rules, you can call the ADA Information line at (800) 514-0301 (Voice) or (833) 610-1264 (TTY) or visit their website.

Sources: ADA Requirements: Service Animals | ADDPC