Understanding the ADA:

Service Dogs vs. Service Dogs in Training

As service dog handlers, trainers, and/or advocates, it is critical that we understand the Americans with Disabilities Act (ADA) and how it applies specifically to service dogs. One of the most common areas of confusion is the difference in legal protections for trained service dogs versus service dogs in training (SDiTs).

Unfortunately, many well meaning handlers and trainers mistakenly believe that service dogs in training are automatically granted the same federal protections as fully trained service dogs. This misunderstanding can lead to frustration, conflict in public spaces, and even legal issues. Understanding the ADA is crucial.

Let’s break this down clearly.

What the ADA Acually Covers

Under the ADA, a service animal is defined as:

“a dog that is individually trained to do work or perform tasks for a person with a disability.”

This definition is extremely important:

• The dog must be trained (not “in training”).

• The dog must perform specific, disability related tasks.

• Emotional support, comfort, or companionship alone do not qualify.

Because of this, the ADA only affords federal public access protections to service dogs that are already trained to perform tasks.

Why Service Dogs in Training Are not Protected Under the ADA!

Here’s the critical detail many handlers overlook:

• The ADA is a federal civil rights law, not a training or animal welfare law.

• It is designed to ensure that people with disabilities who depend on a trained service dog can have equal access to public places.

• A service dog in training, no matter how advanced, does not yet meet the federal definition of a service animal.

This means:

• Service dogs in training are not protected under federal law.

• Handlers of SDiTs do not have guaranteed public access rights under the ADA.

• If a state law allows public access for SDiTs, that access exists only under state law, not federal law.

The State Law Factor

Some states have chosen to extend public access rights to service dogs in training. This is where confusion often arises.

For example:

• State A may allow SDiTs to accompany their trainers in most public spaces.

• State B may have no such law, leaving SDiTs without public access.

But here’s the bottom line:

• Even if your state grants access, that protection is not federal.

• The ADA does not recognize SDiTs.

• Businesses operating under federal jurisdiction (such as airports or federal buildings) are not required to admit service dogs in training.

Common Misunderstandings Among Handlers

1. “The ADA covers service dogs in training if the handler has a disability." False. The ADA requires the dog to be trained. “In training” does not qualify.

2. “Because my state allows SDiTs in public, the ADA must too.” False. State laws can grant additional rights but cannot expand federal ADA protections.

3. "I read on ADA.gov that my SDiT has rights." False. ADA.gov is a helpful FAQ site, but it is not the law itself. The actual law is contained in the Code of Federal Regulations (CFR), Title 28, Part 35 and Part 36.

Where to Find the Actual Law

It’s essential that handlers and trainers read the law in its entirety, not just summaries or secondhand explanations. Here is where you can find the actual laws. ADA.gov 

Official ADA Regulations

• 28 C.F.R. § 35.104 & § 36.104 – Definitions (including service animal).

• 28 C.F.R. § 35.136 & § 36.302 – Service animal provisions.

• These can be accessed directly through the Department of Justice or via the Electronic Code of Federal Regulations (eCFR) website.

Remember: ADA.gov is an official government resource, but it is meant as a summary and FAQ page for quick answers. It is not the complete legal text. Always refer back to the actual CFR for the definitive law.

Why This Matters

Handlers who misunderstand these laws may:

• Be asked to leave a public place and mistakenly believe their rights are being violated.

• Attempt to claim ADA protections that do not apply, leading to conflict and distrust.

• Unintentionally harm the reputation of legitimate service dog teams by misrepresenting what the ADA covers.

For businesses, staff, and the public, it is equally important to understand that:

• Fully trained service dogs are federally protected under the ADA.

• Service dogs in training may or may not be allowed, depending on state law, but not under the ADA.

Final Takeaway

The ADA was written to protect the rights of people with disabilities who rely on fully trained service dogs. While service dogs in training are important and may have certain state level access rights, they are not protected by the ADA until they meet the federal definition of a service animal.

• Always check your state law for SDiT access.

• Always refer to the Code of Federal Regulations for the ADA’s actual language.

• And remember, clarity in the law protects not just handlers, but the reputation of the service dog community as a whole.

Stay safe, stay prepared, and give your pets a little extra love for me today.

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