Service Dog Laws in Georgia

Service dogs are specially trained animals that help people who are living with disabilities to better participate in life.

An Emotional Support Animal is not a specific trained Service Dog. A Psychiatric Service Dog helps with Anxiety, PTSD, Depression etc.

1. The Americans with Disabilities Act (ADA) – governs the use of service animals when it comes to public access rights, rights in schools, and rights in employment situations. Under the ADA, service dogs can be any size, type, or breed.

Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.
Americans with Disabilities Act

2. Fair Housing Act (FHA) – Along with the ADA, the Fair Housing Act governs the use of what they call “assistance animals” for housing situations. This definition is written more broadly and it includes emotional support animals, unlike the ADA definition.

An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.

3. Air Carriers Access Act (ACAA) – is referred to whenever people will be taking to the air with their service animal. Fully trained service animals can ride in the cabin of air planes with their handler as long as they meet the criteria and complete necessary paperwork before their flight.

Under the Air Carrier Access Act (ACAA) a service animal means a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Animal species other than dogs, emotional support animals, comfort animals, companionship animals, and service animals in training are not service animals.
U.S. Department of Transportation

4. State specific laws – Almost all U.S. states seem to have some kind of their own service dog laws and legislation. These are most commonly in addition, to supplement the federal laws.

3. What Do Service Dogs Do?

Service animals are utilized by people who live with a variety of different disabilities. Service dogs can help people in many different ways. There are many different disabilities, and many different service dog tasks or work.

Here are just a few examples of service dog tasks or work:

Lead blind people, or people living with low vision
Serve as the ears of a deaf or hard of hearing person, alerting them to important sounds, such as their name, a knock at the door, a smoke alarm, etc.
They can carry and pick up items such as grocery bags
They can help people with stability and balance issues
Provide warnings of impending seizures or low blood sugar
Service animals may allow people with anxiety disorders, PTSD or other emotional conditions to function in society by alerting their handlers to avoid anxiety triggers, by recognizing and blocking behaviors, or by stimulating the person to “snap back” to a conscious state
Provide deep pressure therapy
They can wake someone up from a nightmare, or interrupt repetitive behaviour
Service dogs can remind people that it is time to take their medication
Service dogs can summon help in the case of fainting or a seizure
The ways in which people with disabilities use service animals are growing and evolving

SSigDOG are Sensory Signal Dogs or Social Signal Dogs. These are a service dog that has been trained to assist someone with autism. The service dog typically alerts their human handler to distracting repetitive movements which are common with people living with autism. This allows the person to stop the movement.

Psychiatric Service Dogs are a type of service dog that has been trained to perform “work” or “tasks” that help people with psychiatric disabilities to detect the onset of certain, specific episodes and lessen their effects.

Seizure Response Dogs are a type of service dogs that are trained to help somebody who has a seizure disorder. How the dog serves the person will depend on individual needs. The seizure response service dog might do a variety of tasks, such as stand guard over their human during a seizure to keep the person safe, or the dog might go and get help.

A few dogs have learned to predict a seizure and warn the person in advance to sit down or move to a safe place, but it seems like this can’t reliably be trained in just any dog.

4. What Questions Can Be Asked About a Service Dog?

Under the ADA laws, public establishments may only ask two things to a person with a disability using a service dog, and those are:

“Is the animal required because of a disability?”
“What type of work is the dog trained to perform?“

Service Dogs are not pets, even though they may look similar. This sun and this orange look similar, too. Neither is better than the other; they are just different.

Establishments May Not:

Ask about the person’s disability
Require medical documentation
Require a special identification card or training documentation for the dog
Ask that the dog demonstrate its ability to perform the work or task

5. Registration and Certification of Service Animals in Georgia

The truth is that you are not legally required to register or certify a service dog in Georgia or any other state in the U.S. Service dogs are protected under the ADA, Americans with Disabilities Act. There are websites online that seem to be selling service dog registrations, paperwork, and other paraphernalia.

These are not recognized by the ADA or the Department of Justice and do not convey any legal rights. Buying a piece of paper from the internet does not turn a dog into a service dog. Even emotional support animals do not need these papers for any reason. More on them later.

Service animal registration and certification are not required for any reason in the U.S. A legitimate state and/or federal system does not exist.

6. Is it Illegal to Ask for Service Dog Papers in Georgia?

Requiring any documentation from a person with a disability for their service dog as a condition of entry is prohibited under the federal ADA for public access rights. Paperwork can be required for housing and employment situations. A doctor’s note may be required to indicate the animal is needed, not to disclose disability details. This is true in Georgia and other states.

Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.
Americans with Disabilities Act

7. Can You Train Your Own Service Dog in Georgia?

The Americans with Disabilities Act (ADA) governs the use of service dogs federally in the United States.

Under this Act, people with disabilities have the right to train their dog themselves. This is true in Georgia as well as all other states.

Professional service dog training is optional. Proof of service dog training, or documentation of any kind, is not required for public access.

(Some documentation stating that the service animal is necessary may be required for housing and/or employment situations. But personal details about a disability are not required.)

Service Dogs In Training (SDiT) In Georgia

Many people train their dog by themselves or with some help, as many service animal programs have limited resources and long waiting lists.

Under the federal ADA laws, service animals in training do not get the same public access rights as fully trained service animals. (Service dogs must be fully trained to get public access rights under the ADA).

But, most states have some kind of state laws that allow service animals in training some kind of public access rights.

At this time, only four states do not cover service animals in training under their public accommodation laws.

Hawaii
Michigan
Washington
Wyoming

Service Dog Laws in Georgia State Cover Service Animals-In-Training

The following is a quote from Georgia State laws.

Georgia State Law includes coverage for service animals in training. Service dogs and service animals in training have the same rights as fully trained animals in Georgia.

The service animal trainer must be identified as being an agent or employee of a school for service dogs: seeing eye dogs, hearing dogs, service dogs, or guide dogs

(2) Every person engaged in the training of a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such dog being trained as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as such trainer is identified as an agent or employee of a school for seeing eye, hearing, service, or guide dogs.
Georgia Code

8. Do Service Dogs Have to Wear a Vest in Georgia?

Under the federal ADA laws, service dogs aren’t required to wear a vest, patch, ID, cape or special harness for public access rights. Many people do use a vest to help the public identify their dog as a working animal. A vest might not be appropriate for various reasons, one of them being heat during warm weather.

If you are in the market for a quality hand-made service dog vest, check out Hank's Closet on Etsy.

9. Are Service Dogs Allowed Everywhere?

Under the Americans with Disabilities Act, service dogs with their handlers are permitted to go anywhere the public can go.

A few exceptions include religious organizations, sterile hospital rooms, certain zoo areas where animals may behave aggressively, and the ADA does not override public health orders, such as a swimming pool.

Service dogs must be allowed in malls, restaurants, taxis, anywhere the public can go, unless there is a valid safety concern.

What Is The ADA?

The ADA stands for the Americans with Disabilities Act. It is a federal wide-ranging civil rights law. It prohibits discrimination based on disability.

Under the ADA, the following “covered entities” that serve the public generally must allow service animals to accompany people with disabilities in all areas of the business or facility where the public is normally invited or allowed to go.

Businesses
State governments
Local governments
Nonprofit organizations

Where Does The ADA Apply?

Places of public accommodation which include…
Places of lodging
Places serving food or drink
Places of entertainment
Places of public gathering
Sales or rental establishments
Service establishments
Stations used for specified public transportation
Places of public display or collection
Places of recreation
Places of education
Social service center establishments
Places of exercise or recreation
Public services, programs, and activities, which include: schools, and state and local government offices
Public transportation
Private transportation, like Greyhound bus service
The workplace
Airport terminals

10. Employment

The Americans with Disabilities Act prohibits discrimination against disabled people in employment situations. In addition, it requires reasonable accommodation at the employee’s request.

Allowing someone with a disability to bring their service animal into the workplace environment is a form of reasonable accommodation.

As with any accommodation request, the employer must consider allowing the use of a service animal at work unless doing so poses an undue hardship, or could disrupt the workplace environment.

Note that an employee may also request that an employer allow a companion animal or emotional support animal in the workplace as an accommodation. Reasonable requests in this situation are not restricted to dogs only.

11. Psychiatric Service Dogs

Psychiatric service dogs are a type of service dog that perform work or tasks related to psychiatric disabilities.

A few examples of these types of disabilities include:

Eating disorders
PTSD
Anxiety disorders
Depression

Here are a few examples of some psychiatric service dog tasks:

Providing reminders to take medication at a certain time
Service dogs can lay across their handler and apply pressure (Deep Pressure Therapy) during a panic attack, for example
Provide tactile stimulation or grounding
Interrupting dissociative episodes or other repetitive or problematic behaviours
Alerting the handler to rage or other types of strong emotions
Interrupting self-harming behaviours
Retrieve an item, such as a water bottle and medication for a panic attack
Wake someone up from a nightmare
Interrupting flashbacks
Searching the house or home to ensure it’s clear and safe before the handler enters
Providing a “reality check” to help with hallucinations
Stabilizing a routine for someone

The difference between psychiatric service dogs and emotional support dogs is simple: Psychiatric service dogs are trained to do at least one task for a specific person’s disability, and the task is related to the disability.

Emotional support animals are not task-trained like this, and provide comfort and other benefits by their presence alone. Emotional support animals are not service dogs, but they do have some rights when it comes to housing and employment situations.

Read more: Service Dog vs Emotional Support Dog (sounds like a boxing match or something, but it isn’t!)

“Trained” Here refers to task-training for a specific disability, which goes well above and beyond the basic socialization and obedience training.

12. Transportation

As we’ve already mentioned, service animals perform various work or tasks to help someone with a disability to live safely and independently. U.S. Department of Transportation Americans with Disabilities Act regulations define a service animal as “any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to:

Guiding individuals with impaired vision
Alerting individuals with impaired hearing to intruders or sounds
Providing minimal protection or rescue work
Pulling a wheelchair
Fetching dropped items

When riding transit, customers with disabilities who use service animals are responsible for maintaining control over their animals (and caring for them) at all times.

Riders are also responsible for knowing the best way to board and position their service animal on the vehicle, especially if the service animal may be required to provide assistance (“tasking”) during the transit trip.

Service animals may not block aisles or exits.

According to ADA regulations, every transportation employee or operator who serves people with disabilities needs to be trained so that they know how to provide non-discriminatory service in an appropriate and respectful way.

When serving passengers who are blind, operators should:

Identify themselves
Speak directly to the customer instead of through a companion
Use specifics such as “there are five boarding steps and a 10-inch drop to the curb” when giving directions

Transit agencies should be aware of the following rules under ADA:

Operators must allow all service animals on board
Operators may not ask for proof of service animal, certification or of the customer’s disability
Operators may not require a person traveling with a service animal to sit in a particular seat on the vehicle or charge a cleaning fee for customers who bring service animals onto the vehicle, unless the animal causes damage

14. How To Make Your Dog a Service Dog in Georgia?

Stop making that sound so easy! To make your dog a service dog in Georgia, you must have a disability, and a disability-related need for the animal. Start your service dog training journey, and work on having your dog learn how to act properly in public, with basic socialization and obedience training, and performing specific tasks that mitigate the effect(s) of your disability. There are different avenues for getting a service animal.

Train the dog yourself
Get some help from a dog trainer
Use a professional service dog training program or organization
Any combination of the above

Even though service animals do not need to be professionally trained by an organization or school, they do need to be trained for your disability. This is not usually an easy task, and many people need at least some help.

It’s also important to note that not just any dog can become a service dog. Dogs are like people and have individual personalities. Some personalities do great with working; others just don’t. Some dogs truly just can’t focus, don’t listen, or want to only play (or relax) all day.

15. Fees

Fees, extra charges, or pet deposits may not be charged for service animals. This is true whether we are talking about the ADA, ACAA, FHA, or Georgia State service dog laws.

A service animal is not considered a pet. Someone using a service animal must not be turned away or denied access because of a “no pets” rule or policy.

In the case where a public entity usually charges people for damage caused by an animal or pet, a person with a disability may also be charged for damage caused by their service animal.

16. Control of Service Animals

Service animals must be under control at all times & should not pose a direct threat to the health and safety of others
Service animals must comply with state and local animal control laws

Service animals should be kept at a person’s side quietly, unless they are performing a specific task.

Service animals must be leashed, harnessed, or tethered unless this may interfere with the service animals’ work. Or, if a disability prevents using them. In those cases, service animals still need to be controlled through voice, hand signals, or another effective way.

17. Does Georgia Recognize Emotional Support Animals?

No, Georgia does not recognize emotional support animals (ESAs) for public access rights as it does service animals. Emotional support animals can be denied access to public places. However, it’s good to note that ESAs may have rights when it comes to a reasonable request in a housing or employment situation, under the federal FHA (Fair Housing Act) and/or ADA laws.

The ADA Is Similar

The following is a quote from the Americans with Disabilities Act:

“While Emotional Support Animals or Comfort Animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities.

“Even though some states have laws defining therapy animals, these animals are not limited to working with people with disabilities and therefore are not covered by federal laws protecting the use of service animals. Therapy animals provide people with therapeutic contact, usually in a clinical setting, to improve their physical, social, emotional, and/or cognitive functioning.” – Americans with Disabilities Act (ADA) National Network

Georgia Emotional Support Animal Laws

In Georgia, emotional support animals are governed by various laws. Here are some facts about GA emotional support animal laws in different contexts.

Emotional support animals (ESAs) are not automatically exempt from a housing provider’s no-pet policies

Someone with a disability can request a “reasonable accommodation” for an ESA in a housing situation, and housing providers need to be accommodating unless they can show that allowing an ESA would be an undue burden on its operations

ESA’s do not need to be specially trained in order to qualify for a reasonable accommodation for a housing situation

Animals other than dogs may also function as emotional support, therapy or assistance animals in housing situations under the Fair Housing Act (I think that is why ESAs are called “assistance animals,” not “service dogs” under this Act)

Payment may be required for any specific damage done to the premises by an ESA

It is illegal to charge someone with a disability an extra fee to keep a guide or service dog or an emotional support, therapy or assistance animal (ESA)

Emotional support animals are no longer included in the ACAA (Air Carrier Access Act) definition of service animal, therefore…

ESA’s may not travel in the cabin of a plane with their human under the ACAA; although, individual airlines may vary. ESAs may still travel through the air as a pet

Emotional support animals are not covered by the ADA for public access rights, so they can be denied access to public places, although individual businesses may vary

ESAs can still visit “pet-friendly” public accommodations with their handler

ESAs can be requested as a reasonable accommodation in an employment situation under the Americans with Disabilities Act

Emotional support animals do not need to be registered for any reason. No legitimate ESA registration system exists. Websites selling ESA papers online are not recognized by the Department of Justice nor the ADA and purchasing one of those papers from the internet does not give someone any special rights. What is needed for housing and/or employment is a letter from a doctor or other medical professional merely stating the animal is required

LEGAL INFORMATION

Thoughts and opinions are my own. Please refer to the local laws for your area to find the most accurate and up-to-date information on Service Dogs Federal and state law can change at any time. Contact your local area or consult with an attorney in your community if you need additional help.