A business may ask only two questions about a service dog: is the dog required because of a disability, and what work or task has it been trained to perform. Staff may not ask about the disability, ask for documentation or ask the dog to demonstrate, and they may not ask at all when the dog's job is obvious. A dog may be removed only if it is out of control and the handler does not act, or if it is not housebroken.
The only two questions
This is the rule, word for word:
"A public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal."28 CFR 36.302(c)(6)
In DOJ's plain version: (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? State and local government offices follow the same rule (28 CFR 35.136(f)).
When staff should not ask at all
The same rule says a business generally "may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability". The questions are for when it is genuinely unclear what the dog does.
What staff may never ask
DOJ's FAQ: "Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability." That rules out:
- "What's your disability?" or "What's wrong with you?"
- "Can I see the certificate, registration or ID?" (there is nothing official to show; see service dog ID cards)
- "Show me what it does."
- "Do you have a doctor's note?" DOJ rejected letting businesses demand a mental health professional's letter for psychiatric service dogs, because it "would treat persons with psychiatric, intellectual, and other mental disabilities less favorably than persons with physical or sensory disabilities."
A vest is not a condition either: "The ADA does not require service animals to wear a vest, ID tag, or specific harness."
What a good answer sounds like
The answer to question two is a task, not a diagnosis. "He is trained to interrupt panic attacks with deep pressure" is a complete answer. So is "She alerts me before a seizure" or "He retrieves things I drop." A handler never has to name a condition.
An answer like "he keeps me calm" or "she's my emotional support dog" describes comfort, which the ADA says is not a task. Staff may then treat the animal as a pet under the business's own pet policy. See emotional support animal vs service dog.
When a business can ask a dog to leave
Only two grounds, from 36.302(c)(2): "(i) The animal is out of control and the animal's handler does not take effective action to control it; or (ii) The animal is not housebroken." If the dog is removed, the business must still offer its goods or services to the person without the dog (36.302(c)(3)).
Some states word it slightly differently. Nevada allows removal when the animal is out of control or "a direct threat to the health or safety of others" (NRS 651.075).
Barking, accidents, allergies and fear
- Barking or lunging: the test is control. A dog that is out of control, with a handler who does not take effective action, can be asked to leave.
- Accidents: a dog that is not housebroken can be excluded. If the business normally charges customers for damage they cause, it may charge for damage the dog causes (36.302(c)(8)).
- Allergies and fear of dogs: DOJ says these "are not valid reasons for denying access or refusing service to people using service animals."
- Fees: no surcharge or deposit for a service dog, "even if people accompanied by pets are required to pay fees."
- Health codes: food businesses "must generally allow service animals in public areas even if state or local health codes prohibit animals." The dog stays on the floor or is carried, and need not be allowed at the table.
A script for staff
Calm and short works best. Something like:
- "Welcome in. Is that a service dog required because of a disability?"
- "What work or task has the dog been trained to perform?"
- If both answers are given: "Thanks, enjoy your visit." Then treat the handler like any other customer.
- Only if the dog is out of control and the handler does not correct it, or has an accident: "I'm sorry, I need to ask you to take the dog out. We're happy to help you without the dog."
If the handler has two dogs, the same two questions may be asked about each. Managers who want the rule in print can use DOJ's FAQ, linked below.
A script for handlers
Answer the two questions, briefly and without a diagnosis: "Yes, he's a service dog. He's trained to alert me before a medical episode." If staff ask for papers, a calm reply helps: "Under the ADA businesses can ask two questions but can't require documents. I'm happy to answer those." Some handlers carry a card that quotes the rule so the conversation ends quickly; our know-the-rules wallet cards print it word for word.
State add-ons and other settings
- Dogs in training: the ADA does not cover them, but some states do. Nevada lets staff ask whether the animal "is a service animal or service animal in training" and what tasks it "is trained to perform or is being trained to perform," and forbids requiring proof (NRS 651.075). See service dogs in training.
- Posted notices: Montana lets a business file a misrepresentation complaint only if it has posted a notice that it allows only service animals.
- Work: employers are different; when the need is not obvious they may ask for reasonable documentation. See service dogs at work.
- Housing and flights follow their own rules: landlords may ask for reliable information when a disability is not obvious, and airlines may require the DOT form. See the DOT form.
Your state's details are in service dog laws by state.
Common questions
Can a business ask for service dog papers?
No. The ADA bars businesses from requiring documentation such as proof that a dog is certified, trained or licensed.
Can you ask what a service dog is trained to do?
Yes. That is the second of the two permitted questions, when the dog's job is not obvious.
Can you ask someone to show what the dog does?
No. DOJ says staff may not require the dog to demonstrate its task.
Can a restaurant deny a service dog?
Only if the dog is out of control and the handler does not act, or it is not housebroken. Health codes, allergies and fear of dogs are not valid reasons. See service dogs in restaurants.
Can a business ask if a dog is an emotional support animal?
Staff may ask whether the dog is required because of a disability and what task it performs. If the answer describes comfort rather than a task, the animal is not a service animal under the ADA.
Can a store charge a fee for a service dog?
No surcharge is allowed. The store may charge for actual damage if it charges other customers for damage they cause.
Sources
- 28 CFR 36.302(c), the two questions, removal and fees
- 28 CFR 35.136(f), Title II two questions
- DOJ, ADA Requirements: Service Animals FAQ (question 7)
- DOJ, ADA 2010 Revised Requirements: Service Animals
- Nevada NRS 651.075, public accommodations
General information, not legal advice. Policies and laws change; follow the sources. Last checked September 25, 2026.