What Tennessee Law Considers to be a Service Dog
Definition of Service Dog in Tennessee
The scope of the service animal definition is limited to dogs in the state of Tennessee. The service dog may be any breed or size and is working for a person with a disability, performing tasks and the work or duties to assists them. The duties or tasks of the dog must be connected directly with the person’s disability . The Americans with Disabilities Act adopts the following definition: A service animal is any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Allergies for which the dog has not been trained may disqualify them from working as a service dog. The dog should also be neutered, spayed, or otherwise successfully sterilized. Court infected animals do not qualify as service dogs under the ADA and should never be permitted into places where dogs are allowed, unless they are an official service dog.
Federal Vs. Tennessee Service Dog Laws
The federal Americans with Disabilities Act does not have a specific definition for service animals. It essentially defines service animals as any dog individually trained to assist a disabled person. The law was designed to simplify the issues of service animals in covered states and even those who need medical proof or certification from a dog trainer must accept the service animal as long as the dog is obviously trained or expected to perform one or more of the following functions for a disabled person: "(1) To act as a reader for a vision impaired person, (2) to alert a deaf person to sounds, (3) provide the disabled owner with assistance in any other way that alleviate the symptoms of his disability or (4) carry out a form of service such as guide dog instruction, mobility enhancement training, service dog instruction or service dog instructor training designated to lessen the impact of physical disability." T.C.A. § 62-7-80(7).
Because of the ADA’s lack of a specific service animal definition, many states have taken it upon themselves to explain in more detail who can have a service animal and what that animal can look like. Most of the definitions contain specific requirements for the service dog’s training, and some issue false certification and register unauthorized sources. Below are Tennessee’s service animal laws: "Any dog that is trained or is being trained to act as a hearing assist dog, a guide dog, or a signal dog or to provide service to an individual with a disability" T.C.A. § 68-201-507(11). "Any dog that has been trained for the purpose of accompanying a person with a disability. This includes dogs used to assist sight-impaired, hearing-impaired, mobility-impaired persons, and any person with a disability." T.C.A. § 63-12-204(10). "Any dog that is owned by a person with a disability that has been certified or registered by an organization that provides assistance dogs and whose primary purpose is to conduct searches for missing persons." T.C.A. § 63-12-204(9). Tennessee law requires service dogs to wear an identifying vest or harness that identifies the animal as a service dog. Service dog handlers should not be required to pay any fees to obtain their service dog. Tennessee law holds that service dogs are working for the state – not the disabled human handler. Therefore, service dog handlers are not required to pay licensing, registration or certificate fees for their animals.
Tennessee Law and Access Rights of Service Dogs
Public Access Rights for Service Dogs in Tennessee
Tennessee service dog laws grant public access rights to service dogs. These public access rights apply in most places, though there are special considerations and exceptions.
In public places like government buildings, service dogs are always allowed. This includes hospitals, libraries, school buildings, police stations, post offices, and other federal, state, or local government facilities. Tennessee laws recognize that people with disabilities may need access to public services that are essential for their daily lives, including medical care, transportation, communication, and opportunities for recreation and community involvement in order to support their health and independence (T.C.A. § 63-5-301).
A significant number of private establishments in Tennessee must permit service dogs, including places of public accommodation. This includes most hotels, restaurants, movie theaters, auditoriums, stadiums and arenas, shopping malls and centers, parks, recreational facilities, and other venues that are open to the public. However, some special-use areas do not have public access rights (e.g., prisons, jails, and other secure government facilities, daycares, food preparation and handling areas, any nonpublic portion of an airport) (T.C.A. § 63-5-302). As a result, some of these facilities may decide to exclude service dogs from the premises or certain portions of it. Even so, if possible, these places should attempt to accommodate service dogs and their handlers through other means, such as providing carry-out food service, a location to tie the animal up outside, and/or access to call a taxi service or the like (ADA Title III regulation § 36.302 and standard 36.301 through 36.310 from the DOJ proposed revisions to the ADA Accessibility Guidelines for Buildings and Facilities).
Tennessee laws mandate that the public accommodate the handler’s use of a vision service dogs, hearing service dogs, or other service dogs in facilities such as strategic stopovers and refreshment stands on interstate highways and other arterial highways, terminal buildings located at continuous common-user airport terminal facilities, or federally owned or -controlled visitor information centers when these facilities offer services, facilities, privileges or accommodations to the general public (T.C.A. § 63-5-303). In such cases, the operators of these facilities must do the following:
In addition, for all public areas, private establishments must allow a service dog handler to go through areas that the general public has access to, unless otherwise indicated by local law (T.C.A. § 63-5-304).
Identification of Service Dogs and Registering Them
One of the great misunderstandings of service dogs relates to the requirement of showing proof of service dog status. In short, Tennessee laws do not require an owner of a service dog to register the dog with the state or carry identification. However, some states do have such laws, and it would be a good idea to check local laws prior to visiting a new location. However, because it is not legally required, many service dog handlers choose not to equip their service dog with identification.
Even though service dogs are not required to have identification, there are often questions about whether they do. While no documentation is legally required, some professionals strongly recommend carrying certain documentation with the dog. The main argument for carrying this paperwork, and often getting an extra copy of the paperwork on letterhead, is to help manage difficult situations. The organization, Service Dog Certification of America, even provides an ID card. They recommend service dog handlers carry certain materials based on the environment and type of disability. Depending on your particular situation and needs, you may consider carrying the following documentation: Unfortunately, some businesses and individuals are not aware of service dog laws and may question your use of a service dog when you are in a public place. Or, they may assume the dog is not a service dog and deny access. If this happens, it is a good idea to carry the above paperwork. It can be especially helpful if your dog has been attacked or harassed. If you believe your public access rights have been violated, we strongly recommend contacting a lawyer to discuss your options.
It is important to note that it is still illegal for any government office or public organization to request proof of service dog status. By law, service animal permits and registrations are very specifically noted as not being allowed. This means that anyone requesting any sort of permit or registration, such as local government officials, security guards, or business managers, are required by the Americans with Disabilities Act to greet you with respect and not ask for documentation. However, if your dog is a therapy dog, emotional support dog, or other type of assistance animal, the rules are a bit different.
Rules and Regulations for the Handlers of Service Dogs
The definition of a service animal under Tennessee law is currently limited to only the narrowest of scopes, canine animals trained to assist in the tasks of a single physically disabled person. However, the rights and responsibilities of service animal handlers are fairly broad when considering the existing framework of applicable federal disability rights laws monitored by the DOJ for a Tennessee service dog in training and/or a fully-trained service dog.
Handlers are entitled to full and equal access to most of the public accommodations covered under Title III of the ADA. These public places include stores, hotels, airports, schools, parks and all other business providing service to the public regardless of certification or licensing. The common , narrower interpretation of "service animal," "emotional support animal," and "comfort animal," should be avoided by stores, hotels, establishments and service providers of all kinds to avoid violating federal and state disability laws.
Tennessee service dog handlers are fully within their rights when bringing a service dog into any public place if that service dog has been specifically trained to perform a task directly related to a physical disability. Such disability does not necessarily have to be obvious or apparent such as blindness to entitle anyone to bring a service animal into the room or any public location. Most importantly, service animals may not be excluded from places of public accommodation in Tennessee except in rare cases defined by state and federal law.
Punishments for Misrepresenting Service Dogs
Tennessee service dog laws are quite strict, and those who fraudulently pass off pets as recognized service dogs face significant legal consequences. Penalties include a class C misdemeanor, which can result in no more than 30 days in a county jail, a fine of up to $50.00, or both. Further, any entity or person who makes, uses, or possesses any credential or printed material falsely identifying the animal as a service animal commits a Class C misdemeanor, and is subject to the same penalties as listed above.
Even stricter penalties apply if the false credentials are used in conjunction with a person who has a disability. Those who make, use or possess misleading materials that identify their pet as a service animal for the purpose of also allowing someone to fraudulently enter a place of public accommodation for people who have disabilities commit a class B misdemeanor, which can result in no more than 6 months in a county jail. In addition, this type of conviction may result in an order for the person found guilty to perform either community service or pay a civil penalty. Criminal and civil penalties do not prevent the injured party from bringing an action for damages. In addition, anyone who makes deliberately false claims about being a person with a disability so that they may own an animal is guilty of a class A misdemeanor, which carries a fine of no more than $2,500.00.
Those falsely claiming that an animal is a service dog can also have other legal ramifications. In Tennessee, a dog or other animal that is used or trained to commit an APPR (aggravated assault, aggravated stalking, reckless endangerment, or aggravated kidnapping) or theft offense is a dangerous dog. If you falsely claim that your pet is a dangerous dog, you could be found guilty of a Class C misdemeanor, which I discussed above.
Emotional Support Animals vs. Service Dogs
Tennessee law does not prohibit emotional support animals in businesses or housing facilities. This is a distinction that confuses many people who have service dogs, service dogs in training and those who have emotional support animals. Businesses and housing facilities are only required to allow access for service animals (which are limited to dogs) under the Americans with Disabilities Act and Tennessee state law.
While there is no law that requires access for emotional support animals, under the Fair Housing Act, reasonable accommodation is mandated if a person requires an emotional support animal to fully enjoy and access housing. The Fair Housing Act applies to public housing authorities and recipients of HUD funding in addition to private landlords and property managers. Unlike the ADA, this law applies to any type of animal regardless of their size, breed or species. All animals used for emotional support or reasons related to a disability act must be trained to behave appropriately in the residence and not be disruptive. The Fair Housing Act only covers the reasonable accommodation of allowing the emotional support animal to live in an otherwise non-pet residence. It requires the association or unit owner to accept a medical verification of the need for the emotional support animal but does not require them to train or supervise the animal.
For guidance on whether to approve an emotional support animal in a housing unit, property associates should follow the rules set forth by the "Project Service Animal and Emotional Support Animal Verification Form" outlined by Tennessee Housing Development Agency.
State law defines service dogs as dogs that are specifically trained individually to assist a person with a disability. There are multiple types of service dogs who are trained to provide different assistance to those who have disabilities. For example, a facility dog may provide therapy services, which could include working with children or individuals suffering from PTSD, while a guide dog would assist someone with vision impairments. Patients in the hospital or rehabilitation facilities may be visited by service dogs that are trained to provide visitation work. All of these animals, while different, have the same legal protections and access rights as guide and assistance dogs defined under the Revised ADA Regulations of 2010.
Unlike the Fair Housing Act, the ADA does not require service animals to be allowed in ALL types of facilities. There are some places where service animals are not allowed under the ADA. These are:
The ADA does not specifically require service animal access to be provided for emotional support animals. Although they can be beneficial to persons with mental impairments that require further explaining of the role of the animal, they are not protected under the ADA. The ADA covers only the access rights of service animals to all facilities, public places, schools, workplaces, and transit systems.
While service dogs should be distinguished from emotional support animals, there are many occasions when a service dog is classified as an assistance or emotional support dog. When they are trained for the latter they are still trained and useful for their service or assistance tasks.
Training Protocols for Service Dogs
In Tennessee, there are no specific state laws or regulations outlining the necessary training requirements for service dogs. It is generally recommended that individuals seeking to use a service dog should pursue professional training programs led by certified trainers who follow national standards. The specific training required may vary depending on the type of disability the service animal is intended to assist with, and on the tasks that the animal will be trained to perform.
While there is considerable latitude in how a service dog is trained, it is essential that the animal is under the control of its handler at all times. This is often referred to as "voice control" or "leash control," meaning that the service dog must respond to commands and behave properly in public settings.
To ensure that a service dog has the skills required to perform its specialized tasks, it is best to work with trainers who use positive reinforcement and evidence-based methods to teach animals how to complete specific tasks. Some dogs may require basic obedience training , while others may need to be socialized to adapt to different environments. For example, individuals with disabilities who are accompanied by a service dog should expect that their dog will have a calm demeanor and stable temperament when interacting with the public, navigate crowded areas, and remain calm in various situations.
In addition to appropriate task-training, service dogs must also be socialized to different settings and have basic obedience training. This means that the dog should be able to remain calm and composed in busy public spaces, allowing its handler to go about their daily routine without interruption.
When selecting a service dog, it can be useful to seek out a breeder who has experience producing animals that are temperamentally suited to the work required and who will be comfortable working as a service animal. This is especially true if you are working with a trainer to assess a potential service dog candidate before you adopt or purchase the animal.
Through thorough training and socialization, a service dog can provide invaluable assistance to individuals living with disabilities.