Welcome To Service Dog Laws in Delaware
Welcome to our service dog laws in Delaware guide and FAQ page, updated for 2022.
Service dog laws in Delaware 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.
In this detailed guide, we’ll go through some of the most common questions about service dogs in the state of Delaware. This includes where they are allowed in public, housing information, what businesses need to know, plus much more. Feel free to learn about fake service dogs, as well.
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, hotels, Airbnb, amusement parks, doctor’s offices, hospitals, trains, and National Parks, just as a few examples.
Jump to a section:
- Summary of Service Dog Laws
- Registration & Certification
- What is the ADA?
- Work or Tasks
- Miniature Horses
- Therapy Dogs
- Control of Service Animals
- Where Does The ADA Apply?
- Info For Businesses
- Psychiatric Service Dogs
- Training & Service Dogs in Training (SDiT)
- How to Make Your Dog a Service Dog
- Does Delaware Recognize Emotional Support Animals?
- Delaware ESA Laws
1. Summary of Service Dog Laws in Delaware
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 Delaware and their main purpose in general.
- 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
- Delaware State Laws
- Section 504 – is similar to the ADA, and protects the rights of students with disabilities in educational settings.
- IDEA – Individuals with Disabilities Education Act – is yet another law that in place for students with disabilities in the United States.
Read more: Federal ADA Service Dog Laws – Summary & FAQ
2. Registration & Certification
The truth is that you are not legally required to register or certify a service dog in Delaware 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 Delaware.
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.
3. 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.
- State governments
- Local governments
- Nonprofit organizations
4. Service Animal Definitions
Since there are different service animal definitions depending on context (public access rights, air travel, housing) we’ll go through the different ones right now. As you’ll see, they are similar, but the differences are important to understand.
The ADA Service Animal Definition for Public Access Rights
The federal ADA law prohibits discrimination on the basis of disability in:
- State and local government
- Public accommodations
- Commercial facilities
- United States Congress
Under the ADA Americans with Disabilities Act federal laws, “Service animal means any dog 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this definition.”
The work or tasks that the dog does must be directly related to a specific person’s disability. In addition, the work or tasks must help to mitigate at least some of the effects of that disability.
It’s important to note that while dogs are the only animal defined here, there is a separate ADA provision for the use of a miniature horse as a service animal. Service dogs can be any breed, even breeds that have been locally banned.
The Fair Housing Act (FHA) Definition of Assistance Animal
Under the FHA, “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.”
The Air Carrier Access Act Definition of Service Animal
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.“
5. Service Animal Work or Tasks
The work or tasks done by the animal must be directly related to the person’s disability. The training must be specific to the person using the animal. A service animal is not a pet.
The disability could be:
- Or another mental disability
The tasks or work done by the animal may include (but are not limited to) the following:
- Helping to guide someone who is visually impaired or blind
- Alerting a person who is deaf or hard of hearing
- Pulling a wheelchair
- Helping someone with mobility or balance
- Alerting others and protecting someone having a seizure
- Retrieving objects
- Bringing attention to the presence of allergens
- Providing physical support and help with balance and stability to someone with a mobility disability
- Helping someone with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors and/or patterns
- Reminding someone living with a mental illness to take their prescribed medications
- Calming someone with post-traumatic stress disorder (PTSD) during an anxiety attack
- Doing other specific work or performing other special tasks
- 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.
Read more: The Giant List of Service Dog Tasks (K9 Total Focus)
- There is no formal service animal certification process or paperwork that is recognized by Delaware 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).
The following items are not required for an animal to qualify as a service dog no matter which service dog laws in Delaware we are talking about:
- Service dog vest
- Service dog markings of any kind
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.
A 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.
7. 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.
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.
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
8. 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.
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.
9. Service Animal 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 Delaware 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.
10. 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.
11. 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
12. Info For Businesses
It’s obviously important for businesses and other “covered entities” to be aware of service dog laws in Delaware 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. Service dogs can be any breed.
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?
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
14. 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
- Anxiety disorders
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 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.
15. Training & Service Animals in Training (SDiT) in Delaware
Service dogs in Delaware and other states do not need to be trained by a professional service dog training program, or professional trainer (under the ADA laws). But, they do need to be trained by somebody.
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.
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.
Service Dog Laws in Delaware Cover Service Animals-In-Training
The following is a quote from Delaware State laws:
“(3) A place of public accommodation must permit service animals as follows:
a. An individual with a disability accompanied by a service animal in any place of public accommodation.
b. An individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation.
16. How Do I Make My Dog a Service Dog in Delaware?
Stop making that sound so easy! To make your dog a service dog in Delaware, 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.
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, are reactive to various things such as other dogs, children, people, or certain smells, or want to only play (or relax) all day.
Read more: Service Dog Training Basics & FAQ
17. Does Delaware Recognize Emotional Support Animals?
No, Delaware 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
18. Delaware Emotional Support Animal Laws
In Delaware, emotional support animals are governed by various laws. Here are some facts about DE 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 believe that is why ESAs are called “ assistance animals,” not “service dogs” under this Act)
Payment / fees
- Payment may be required for any specific damage done to a 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
Public access rights
- 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
Read more: Service Dog vs Emotional Support Dog
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
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
- Federal ADA Service Dog Laws – General Guide & FAQ
- Federal ADA Workplace Accommodation Guide
- Service Animal In Training Laws By U.S. State
More to come..