Welcome to Service Dog Laws South Dakota
Welcome to our service dog laws in South Dakota guide and FAQ page, updated for 2022.
Service dog laws in South Dakota 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.
Where can service dogs go?
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.
In this detailed guide, we’ll go through some of the most common questions about service dogs in the state of South Dakota. This includes where they are allowed in public, housing information, what businesses need to know, plus much more. Fake service dogs can also complicate things.
Jump to a section:
- Service Animal Definitions
- Certification & Registration
- Examples of Service Dog Work or Tasks
- Information for Businesses
- Allergies or Fear of Dogs
- Housing & Rental Properties
- Miniature Horses
- Therapy Dogs
- Control of Service Animals
- What Is The ADA?
- Where Does the ADA Apply?
- Psychiatric Service Dogs
- Training & Service Dogs In Training
- How to Make Your Dog a Service Dog
- Does South Dakota Recognize Emotional Support Animals? (ESA Laws)
1. Service Animal Definitions
There are different definitions for service animal. It all depends on the context.
The ADA – Americans with Disabilities Act – governs the use of service animals federally where generally public access rights are concerned.
- “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.” – ADA FAQ
The FHA – Fair Housing Act – is used when service animals – called “assistance animals” under this definition, in housing situations. It is also a federal Act.
- “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.” FHA
The ACAA – Air Carrier Access Act – is relevant for when service dogs will be flying in the cabin of an airplane with their human.
- “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.
2. Service Dog Laws South Dakota Certification & Registration
The truth is that you are not legally required to register or certify a service dog in South Dakota or any other state in the US. Service dogs are protected under the ADA, Americans with Disabilities Act, and other federal Acts.
The federal government does not have a legitimate registration or certification system in place. Buying a piece of paper from the internet does not turn a dog into a service dog.
3. Examples Of Service Dog Work or Tasks
Service dogs do certain “work” or “tasks” for people who live with disabilities. The work or tasks the dog does must be related to a person’s specific disability. People who use service dogs sometimes refer to this as being “task-trained.”
The work or tasks can vary widely, and depend on each individual person. Sorry if this sounds obvious, but these work or tasks go well above and beyond basic dog obedience and socialization training basics.
Here are just a few examples of service dog 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)
4. Information For Businesses
In South Dakota, businesses need to be aware that refusing someone with a disability who has a service dog with them may be seen as discrimination.
Service animals are working animals, not pets. Think of them kind of like a wheelchair, crutches, or another type of important medical equipment.
Businesses that serve the public must allow people with disabilities to enter with their service animal, under these laws:
Businesses and organizations serving the public (also known as “covered entities” under the Americans with Disabilities Act) must allow people with disabilities to bring their service animals into all areas of their facility where customers are normally allowed to go.
This law applies to all businesses open to the public, including (but not limited to):
- Restaurants and cafes
- Hotels and motels
- Taxis, shuttles, and other modes of transportation
- Grocery stores and department stores and malls
- Hospitals and doctor’s offices
- Health clubs and community centres
- Parks and zoos
Businesses that sell or prepare food must allow service animals in public areas. This is true even when state or local health codes prohibit animals on the premises.
Of course, there are a few exceptions to where service animals are permitted under the federal ADA laws. You can read about them in our ADA service dog laws summary & FAQ page.
- Ask if an animal is a service animal
- Ask what tasks the animal has been trained to do
- Charge for damage caused by a service animal
Businesses are not permitted to:
- Require special ID cards for the animal
- Require the customer to have the animal demonstrate the tasks
- Ask about the person’s disability
- Charge extra fees
- Isolate the customer from other patrons
- Treat the customer less favorably than other patrons
Businesses are not required to provide:
- Care of any kind or food for a service animal
- A special location for the animal to relieve itself
The only times a business may ask a person with a disability to remove their service animal are when:
- The service animal is out of control and the owner does not take effective action to control it
- The service dog poses a direct threat to the health or safety of others
5. Allergies & Fear of Dogs
Of course, some people have allergies to dogs or dog dander and some people are fearful of a certain type of dog or dogs in general.
It’s important to note that allergies and fear of dogs are generally not valid reasons for denying access or refusing service to people with service animals.
In other words, denying someone access because of someone else’s allergies or fear of dogs will usually be seen as discrimination.
When both parties need to be accommodated, creativity might be necessary. The two most obvious ways to separate the folks would be to assign one to a certain area of a room.
Or, perhaps the parties could be separated into different rooms within the same facility. Businesses and other covered entities will need to figure out how to best serve both the person with allergies or fear of dogs, and the person with the service dog.
6. Housing and Rental Properties
Under service dog laws South Dakota, it’s considered discrimination to prohibit someone with a disability from keeping their service animal in a residential situation (rented, leased, or otherwise).
This includes landlords, owners of housing or rental property, and other types of housing situations.
- There is no formal service animal certification process or paperwork that is recognized by South Dakota 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 South Dakota 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.
8. 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
9. 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.
10. 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 South Dakota 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.
11. 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.
12. 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
13. 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
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
15. 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.
16. Training & Service Dogs In Training
Service dogs in South Dakota 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.
“A service animal trainer may be accompanied by a service animal in training wearing a collar and leash, harness, or cape that identifies the animal as a service animal in training, in any of the places listed in § 20-13-23.1 subject to any conditions and limitations established by law and applicable to service animals, without being required to pay an extra charge for the service animal in training.” – South Dakota Code
17. How To Make Your Dog a Service Dog
Stop making that sound so easy! To make your dog a service dog in South Dakota, 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.
- You could train your dog by yourself or with some help
- Someone such as a dog trainer could help you
- You may be able to find a professional service dog organization or program to help you or to possibly even provide a fully trained service dog at no cost, but these often have long waiting lists
- Any combination of these can be used
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.
Read more: Service Dog Training Basics & FAQ
18. Does South Dakota Recognize Emotional Support Animals?
No, South Dakota 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
Read more: Service Dog vs Emotional Support Dog
South Dakota Emotional Support Animal Laws
In South Dakota, emotional support animals are governed by various laws. Here are some facts about SD 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 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
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
- South Dakota Emotional Support Animal Laws