Service Dog Laws Hawaii – Epic Guide, FAQ + More [2022]

Welcome To Service Dog Laws Hawaii – The Epic Guide for Humans

Welcome to our service dog laws in Hawaii guide and FAQ page, updated for 2022.

Service dog laws in Hawaii require that a specially trained service dog (sometimes called assistance dog, in housing situations and in Europe) be allowed to accompany a person with a disability to all public accommodations and public carriers, with a few exceptions. 

There are multiple laws that govern the use of these special animals. Unfortunately, there are people who put a vest on their pet and call it a service dog to try and get public access to non-pet-friendly places. These fake service dogs are harmful to the legitimate service dog community.

Service dogs can help people with different types of disabilities
Service animals can help people with many different types of visible and invisible disabilities.

In this detailed guide, we’ll go through some of the most common questions about service dogs in the state of Hawaii. This includes where they are allowed in public, housing information, what businesses need to know, plus much more.

American Cocker Spaniel Service Dog Hawaii
American Cocker Spaniel Service Dog “Bartek” @bartek_spaniel_wspanialy

Feel free to also read about the federal ADA service dog laws (easy guide, summary & FAQ) or our federal ADA workplace accommodation laws summary.

border collie service dog Hawaii
Border Collies @celestialbordercollies

In brief, service animals may go with their (legally disabled) handler wherever the public can go. There are a few exceptions, like sterile hospital environments and religious organizations.

Service dogs of any breed may go to malls, restaurants, grocery stores, movie theatres, community centres, schools, buses, taxis, hotelsAirbnb, amusement parks, doctor’s offices, hospitals, trains, and National Parks, just as a few examples.

Jump to a section:

  1. Laws & Definitions
  2. Hawaii Fake Service Animal Laws
  3. Public Accommodations
  4. Registration & Certification
  5. Therapy Dogs
  6. Service Dog Requirements
  7. Can I take my Emotional Support Dog to Hawaii?
  8. Can I take my Service Animal to Hawaii?
  9. Service Dogs in Training
  10. Info For Businesses
  11. Employment
  12. Psychiatric Service Dogs
  13. Transportation
  14. Documentation
  15. Miniature Horses
  16. Emotional Support Animals (ESAs)
Autism Service Dog Laws Hawaii State
Goldendoodle Autism Service Dog “Piper” @bri.and.piper

1. Laws & Definitions

Part of the reason why service dogs can be so confusing is that there are multiple laws around them. Here is a summary of the different laws relevant to Hawaii and their main purpose in general.

service dog laws Hawaii
Multipurpose Service Dog “Eri” @eri_servicedog

In summary:

  • The ADA – Americans with Disabilities Act – is a federal law. It governs the use of service animals when public access rights are concerned. This law is also referred to for housing situations and employment situations with service animals.
  • The FHA – Fair Housing Act – is another federal law that governs the use of service animals – or what is known in this context as “assistance animal” when housing situations are concerned.
  • The ACAA – Air Carrier Access Act – is what is used when service animals will be taking to the skies with their handler. Fully trained service animals are allowed in the cabin of air planes with their handler as long as the meet the ACAA requirements, and fill out any required paperwork or documents prior to their flight.
  • State-specific service animal laws. Even though we have the federal ADA laws, each individual state may or may not have additional or “state-specific” service dog laws for their own area. Check with individual states for anything that may be different from the ADA laws. 
    • A common example is that under the ADA, service dogs in training are not allowed public access rights. However, certain states extend the same rights to service dogs in training, as fully trained animals have
  • Hawaii State Laws
  • Section 504 – is similar to the ADA, and protects the rights of students with disabilities in educational settings.

Read more: Federal ADA Service Dog Laws – Summary & FAQ

Working K9 Service Dog Border Collie Blue and Brown Eyes
Working K9 “Remmi” @working.collie.remmi

There are multiple definitions for service dogs, which can make things confusing. The ADA has a definition for public access rights. The FHA has another definition for housing. And the ACAA has yet another definition for air travel with service dogs.

Of course, Hawaii has another definition for service dogs, but it’s practically identical to the definition by the ADA or Americans with Disabilities Act for public access rights. Let’s take a closer look.

“Service dog” means 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.

State of Hawaii, Hawaii Law
ADA Service Dog Laws Hawaii
Psychiatric Service Dog “Sarge” @sarge.in.service

The service dog work or tasks include but are not limited to:

  • Helping people who are blind or have low vision with navigation and other related tasks
  • Alerting people who are deaf or hard of hearing to the presence of people or sounds
  • Pulling a wheelchair
  • Helping someone during a seizure
  • Providing physical support and help with balance and stability to people with mobility disabilities
  • Helping people with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behavior 

Read more: The Giant List of Service Dog Tasks (K9 Total Focus)

What doesn’t count as a service dog:

  • The crime deterrent effects of a dog or animal’s presence, such as dogs with “protection training”
  • Emotional support animals, animals for well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition
Service Dog Laws Hawaii Definition of Service Animal
Border Collie Service Dog @celestialbordercollies

2. Hawaii Fake Service Animal Laws

Unfortunately, fake service animals are a real problem. This is when someone puts a vest on their pet and tries to pass off the pet as a service animal so that they can take their pet anywhere they want.

This makes life harder for people with real service dogs who are merely trying to go about their lives.

In Hawaii, misrepresentation of a service animal now carries a civil penalty.

It shall be unlawful for a person to knowingly misrepresent as a service animal any animal that does not meet the requirements of a service animal as defined in section.

Hawaii Law
  • First violations will cost $100 – $250
  • Subsequent violations will cost $500 each
Hawaii Service Dog Laws German Shepherd
Multipurpose Service Dog “Eri” @eri_servicedog

 

3. Service Animals in Public Accommodations

According to Service Dog Laws Hawaii (Hawaii State law),

Unfair discriminatory practices that deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race; sex, including gender identity or expression; sexual orientation; color; religion; ancestry; or disability, including the use of a service animal, are prohibited.

Hawaii State Law
Service Dog Laws Hawaii Housing
Medical Alert Service Dog “Koda” @thatlilbearkoda
  • Under the ADA laws, service dogs are allowed to accompany their handlers anywhere that an individual with disability is allowed to enter
  • In other words, nearly anywhere that the general public is allowed or invited to go (there are a few exceptions)
  • This includes grocery stores, malls, movie theatres, restaurants, buses, taxis, community centres, government buildings, etc.

In other words, businesses and organizations that serve the public must allow people with disabilities to bring their service dogs into all areas of the facility where customers are normally allowed to go.

This federal law applies to all businesses open to the public, including:

  • Restaurants
  • Hotels
  • Taxis
  • Buses
  • Shuttles
  • Grocery stores
  • Malls
  • Department stores
  • Hospitals
  • Medical offices
  • Theaters
  • Health clubs
  • Parks
  • Zoos
  • + more

Read more: Can Service Dogs Go Anywhere? 

 

Hawaii Service Animal Laws
Kylie’s “Where I Go, You Go” (Hugo) & “Lucy On Duty” @lucytheservicesibe

4. Register & Certify Your Service Dog in Hawaii

The truth is that you are not legally required to register or certify a service dog in Hawaii or any other state in the U.S. Service dogs are protected under the ADA, Americans with Disabilities Act, and other laws.

In addition, there is no state registration system in place for Hawaii.

Registration and certification done online from non-government websites does not convey any legal rights under the ADA or the Department of Justice. Buying a piece of paper from the internet does not turn a dog into a service dog. 

Service Animal Registration Not Necessary
Under the Americans with Disabilities Act, Service Animal registration and/or certification are simply not required for public access rights. A legitimate federal or state system does not exist.
Dogs with goggles
Why do service dogs wear goggles? “Luna” and “Ozzie” @luna_exploregon

5. Therapy Dogs

Let’s just briefly discuss what therapy dogs are and aren’t, since many people aren’t sure and it can be confusing as there are so many amazing types of dogs in the world! Lucky humans we are indeed.

A therapy dog is not a service dog, and that’s because therapy dogs aren’t trained to do “work or tasks” for an individual’s disability. Plain and simple.

What is a therapy dog
Therapy dogs are not considered service dogs.

A therapy dog is usually someone’s pet that enjoys meeting a large number of different people in different settings.

The people who are fortunate enough to spend time with a therapy dog receive great benefits, such as reduced anxiety and added joy.

They often visit places such as schools, hospitals, nursing homes, and other settings where the stress in people may likely be high.

Therapy Dogs Hawaii
Therapy Dog “Eddie” with “Boomer” @eddieandboomer

6. What are the Requirements for a Service Dog in Hawaii?

In order to be eligible for a service dog in Hawaii, a person must have a disability. Their service dog must be individually trained to do work or tasks for that specific person. Additionally, the work or tasks must be directly related to the disability, and help to mitigate their effects.

Psychiatric Service Dog Hawaii
Psychiatric Service Dog “Sarge” @sarge.in.service

7. Can I Take My Emotional Support Dog to Hawaii?

You can certainly take your emotional support dog to Hawaii, but it will likely need to travel as a pet if you’re travelling there by air. The ACAA definition of service animals do not include emotional support animals.

Emotional support animals do not have the same public access rights as service animals. So while outdoor environments probably won’t be a problem, the same can not necessarily be said for public places, although some are welcoming to animals and pets.

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
Medical Alert service dog Hawaii
Medical Alert Service Dog @cricket_n_saraphena

8. Can I Take My Service Animal to Hawaii?

Yes, you can take your service dog to Hawaii. To enter Hawaii without having to quarantine, certain conditions and requirements must be met. The Daniel K. Inouye International Airport on Oahu is the only port of entry for all dogs and cats entering Hawaii, unless a valid Neighbor Island Inspection Permit has been issued by the Hawaii Department of Agriculture.

Service Dog Requirements for Entering Hawaii

  • The service dog or guide dog must have a current rabies vaccination. You need documentation of the vaccination, and it must include the product name, the lot or serial number, and the expiration date
  • The dog must have an electronic microchip implanted for identification
  • Before your arrival, every service dog and guide dog must have passed the OIE-FAVN test with a level of 0.5 I.U. rabies antibody or greater.  Your passing test result will be valid for 3 years and must be repeated every 3 years if you continue to travel to Hawaii. The test should be conducted after 12 months of age
  • Animals in training do not qualify as service animals because under the ADA, the dog must already be trained before it can be taken into public places
  • The service dog or guide dog must have a standard health certificate issued not more than 30 days prior to your arrival in Hawaii. This needs to attest that the dog was treated within 14 days of arrival with a product containing Fipronil or an equivalent long-acting product labeled to kill ticks. A valid health certificate is required for every entry into Hawaii
  • The work or specific task(s) the animal has been trained to perform need to be disclosed
  • The service dog or guide dog must be traveling with the disabled person when arriving in Hawaii
  • In order to prevent delays on your arrival, it is strongly recommended that all required documents be sent to the Rabies Quarantine Branch well ahead of time.  Information can be mailed to the Animal Quarantine Station, 99-951 Halawa Valley Street, Aiea, HI  96701 or faxed to (808) 483-7161.  Staff may be contacted by telephone (808) 483-7151 or (808) 837-8092 or e-mail: rabiesfree@hawaii.gov to help you with preparing
  • The Rabies Quarantine Branch must receive notification at least 24 hours in advance of arrival information and location where the dog will be staying. Information can be faxed to 808-483-7161
  • When you arrive in Hawaii, your dog must be brought by the airline to the Airport Animal Quarantine Holding Facility for verification of compliance with the above requirements and examination of the dog for external parasites.  If everything is good, the dog will be released at that point
service dogs entering Hawaii
American Cocker Spaniel Service Dog “Bartek” @bartek_spaniel_wspanialy

9. Service Dogs in Training

Under the ADA (Americans with Disabilities Act) service dogs in training do not have the same rights as fully trained service animals. Service animals must be finished training before public access is permitted. Most states have some kind of their own service animal laws that in some way or another include service animals in training. However, Hawaii does not. Therefore, the ADA laws apply.

Under the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws cover animals that are still in training.

ADA FAQ

10. Info For Businesses

It’s obviously important for businesses and other “covered entities” to be aware of service dog laws in Hawaii as well as the federal laws. If not, they could be accused of discrimination.

The Americans with Disabilities Act prohibits the following:

  • Asking about a disability
  • Requiring medical documentation
  • Requiring a special identification card or training documentation for the dog (or mini horse)
  • Ask that the animal demonstrate its ability to perform the work or task
  • Charge an extra fee because of the animal
  • Segregate the customer with a disability from other customers

Permitted Questions to Ask

If the reason for the service dog is obvious, then businesses and other covered entities may not inquire about the use of the animal.

When it’s not obvious – and many disabilities are invisible – businesses may only ask two questions to someone using a service dog. That’s it.

The questions are:

(1) Is the dog a service animal required because of a disability?

(2) What work or task has the dog been trained to perform?

Medical Alert Service Dog Hawaii
Medical Alert Service Dog @cricket_n_saraphena

11. 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.

Read more: Federal ADA Workplace Accommodation Guide

Husky Service Dog Massachusetts
“Kylie’s Lucy On Duty” (Lucy) Service Dog @lucytheservicesibe

12. 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

Read more: Psychiatric Service Dog Tasks – 17 Examples

The difference between psychiatric service dogs and emotional support dogs is simplePsychiatric 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.

psychiatric Service Dog
Psychiatric Service Dog “Sarge” @sarge.in.service

13. Transportation

As we’ve already talked about, 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
psychiatric service dog Hawaii
Psychiatric Service Dog “Sarge” @sarge.in.service

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.

Service dog laws in Hawaii
Blue Heeler “Snow Leopard” @snow_leopard_81

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
Autism service dog in Hawaii
Goldendoodle Autism Service Dog “Piper” @bri.and.piper

14. Documentation

  • There is no formal service animal certification process or paperwork that is recognized by Massachusetts State or the federal government
  • Having said that, air carriers (airlines), employers, and housing providers such as landlords may require certain and specific documentation
  • Documentation may not be required for public access as a condition of entry (prohibited by the Americans with Disabilities Act).
Medical Alert Service Dog Hawaii
Medical Alert Service Dog @cricket_n_saraphena

The following items are not required for an animal to qualify as a service dog no matter which service dog laws in Massachusetts we are talking about:

  • Service dog vest
  • Service dog markings of any kind
  • Documentation

Vests, service dog markings, and service dog documentation can not be used as a reliable indication of whether an animal is legally a service dog.

therapy dog/animal, emotional support animal, or another animal wearing a vest or having a special marking, does not make these types of dogs a service animal.

15. Miniature Horses

Technically speaking, only dogs are service animals under the federal ADA definition for public access rights. Other species of animal, whether that be wild animals or domestic, trained or untrained, are not service animals for the purposes of the ADA.

Service animals may or may not be other types of animals in terms of housing and employment situations. But for now, let’s talk about public access rights.

Even though dogs are the only service animal defined by the ADA, there is a separate provision in the ADA that does cover miniature horses.

Mini Service Horse
“Flirty” The Mini Service Horse @flirty.the.mini.service.horse

What this means is that a miniature horse that has been trained to do work or tasks for a specific disability shall have the same rights as service dogs wherever possible.

Businesses and other covered entities need to provide access for miniature horses whenever possible. Reasonable modifications need to be made in policies, practices, or procedures to permit the use of a miniature horse by person with a disability.

Mini Service Horse
“Flirty” The Mini Service Horse @flirty.the.mini.service.horse

There are additional assessment factors for miniature horses

To determine whether to allow a miniature horse into a specific facility, the business will need to consider the following:

  • The type, size, and weight of the miniature horse and whether the facility can accommodate these features safely
  • Whether the handler has sufficient control of the miniature horse
  • Whether the miniature horse is housebroken
  • Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation
service mini horse
“Flirty” The Mini Service Horse @flirty.the.mini.service.horse

16. Does Hawaii Recognize Emotional Support Animals?

No, Hawaii 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.

Shepsky Service Dog
Willow The Shepsky Service Dog @the_working_willow

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

Hawaii Emotional Support Animal Laws

In Hawaii, emotional support animals are governed by various laws. Here are some facts about HI 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)
  • 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 piece of 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

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