Updated: 6/11/2021
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Service Animals in Michigan
Frequently Asked Questions (FAQs)
This resource was developed by the Michigan Department of
Civil Rights (MDCR) with information from the U.S.
Department of Justice’s Frequently Asked Questions about
Service Animals and the ADA and ADA.gov website.
The ADA authorizes the U.S. Department of Justice to provide technical assistance to
those with rights or responsibilities under the Act. For additional questions related to the
ADA and service animal access, contact the U.S. Department of Justice to speak with
an ADA Specialist.
For information on Michigan’s Voluntary Service Animal Identification program, please
contact MDCR at 1-800-482-3604 or MDCR-ServiceAnimals@Michigan.gov.
Filing a Complaint: Individuals who believe they have been illegally denied access or
service because of their disability or use of a service animal may file a complaint with
the Michigan Department of Civil Rights (MDCR) at 1-800-482-3604 or by visiting our
website at www.Michigan.gov/MDCR.
Disclaimer: This document provides general information on service animal access
under the Americans with Disabilities Act (ADA) and Michigan law. It should not be
construed as a formal legal opinion or advice.
Accessibility Notice:
This document has been reviewed for accessibility. If you require an alternative format,
please contact MDCR’s ADA Coordinator at 313-456-3832 or PowellN@Michigan.gov.
• Definitions & General Requirements
• Identification & Registration
• Vaccinations & Licensing
• Dog Breeds
• Public Accommodations
• Lawful Exclusion & Exemptions
• Fraudulent Service Animals
• Housing, Air Travel & Employment
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Definitions & General Requirements:
Q1: What is a qualifying disability under the ADA?
A: Disability is defined by the ADA as a person who has a physical or mental
impairment that substantially limits one or more major life activities.
Major life activities can include walking, working, sleeping, eating, caring for
one’s self, etc. They may also include major bodily functions such as functions
of the immune system, normal cell growth, digestive system, bladder, brain, etc.
Episodic impairments (i.e. seizures) or impairments that are in remission (i.e.
cancer), can also be considered disabilities if they would substantially limit a major
life activity when active.
With the exception of ordinary eyeglasses or contact lenses, the ameliorative
effects of mitigating measures such as medication, a wheelchair, etc. may not be
taken into account when determining whether an individual’s impairment is
substantially limiting. For example, someone with diabetes that is well-managed by
medication would still qualify as having a disability under the ADA.
More Info: Definition of disability, Section 12102 of the Americans with disabilities
act of 1990, 42 USC § 12102, and 28 CFR § 36.104
Q2: What is a service animal?
A: A service animal is a dog or miniature horse individually trained to do work or
perform tasks that are directly related to and mitigate the handler’s disability. For
example, a service animal may be trained to navigate for someone who is blind,
retrieve items for someone in a wheelchair, or lead someone with PTSD to a safe
location during an episode.
All other species of animal, trained or untrained, are not recognized as service
animals in Michigan and are not required to be admitted into covered entities
under the ADA such as grocery stores, state and local government facilities,
hotels, hospitals, etc.
More Info: Definitions, 28 CFR § 36.104 – Service animal
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Q3: Are there specific requirements for miniature horses?
A: Yes. The ADA provides four assessment factors to assist entities in determining
whether miniature horses can be accommodated in a facility:
1. Whether the miniature horse is housebroken;
2. Whether the miniature horse is under the owner’s control;
3. Whether the facility can accommodate the miniature horse’s type, size,
and weight; and,
4. Whether the miniature horse’s presence will compromise legitimate
safety requirements necessary for the safe operation of a facility.
More Info: 28 CFR § 36.302(c)(9) – Miniature horses
Q4: Can other animals like emotional support, companion, and
therapy animals be considered service animals?
A: No. These terms describe assistance animals that are not trained to perform a
specific task but may provide other therapeutic benefits. Unlike service animals,
emotional support, companion, and therapy animals can include different species
other than dogs or miniature horses.
Only trained service animals are required to be admitted into public places
covered by the ADA.
Emotional support and companion animals are not trained to perform a specific
job or task that mitigates their handler’s disability. It is the animal’s presence that
provides disability-related benefits. While not covered under the ADA for public
access, these animals may be requested as housing accommodations under the
Fair Housing Act (FHA). For more information on the FHA, contact the U.S.
Department of Housing and Urban Development (HUD).
Therapy animals are invited into places of public accommodation to provide
stress relief or other therapeutic benefits to individuals with or without disabilities.
For example, therapy animals may be invited into hospitals to provide emotional
support and companionship to patients. Access and training requirements for
therapy animals are not legally mandated and may be at the discretion of the entity
(i.e. the hospital).
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Q5: If someone’s dog calms them when they are having an anxiety
attack, does this qualify it as a service animal?
A: It depends. The ADA makes a distinction between psychiatric service animals
and emotional support animals. If the dog has been trained to sense that an
anxiety attack is about to happen and take a specific action to help avoid the
attack or lessen its impact, that would qualify as a service animal. However, if the
dog's mere presence provides comfort, that would not be considered a service
animal under the ADA.
Q6: Where are service animals allowed to go?
A: Under the ADA, state and local governments, businesses, and nonprofit
organizations that serve the public generally must allow service animals to
accompany people with disabilities in all areas of the facility where the public is
allowed to go.
See the Lawful Exclusion & Exemptions section for information on exceptions to
service animal access.
More Info: 28 CFR § 36.302(c)(7) – Access to areas of a public accommodation
Q7: Are service animals in-training considered service animals in
Michigan?
A: No. Service animals must already be trained before they are required to
be admitted into public places that do not allow pets or other animals.
Entities may voluntarily choose to allow service animals in-training as long as
doing so would not violate additional state or federal laws.
Although the ADA does not apply to service animals in training, effective March
28, 2023, Public Act 75 of 2022 - Service Animals in Training (PDF) requires
service animals in-training to be admitted into places of public accommodation
located in Michigan if they are accompanied by an animal trainer or raiser for the
purpose of training or socializing the animal. MDCR does not have jurisdiction
over complaints regarding service animals in training, therefore complaints
should be directed to local law enforcement.
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Q8: Does the ADA require service animals to be professionally
trained?
A: No. People with disabilities have the right to train a service animal themselves
and are not required to use a professional trainer or training program.
Persons with disabilities are responsible for ensuring that their animal is
sufficiently trained and under control. Animals that do not meet these requirements
may be removed or reported for service animal fraud. In addition, poorly trained
animals may be unreliable to their handler as a medical aide.
Q9: What questions can an entity ask under the ADA to determine if
an animal is a service animal?
A: If an animal’s trained work or task is not readily apparent, an entity may ask the
following questions to determine the type and training status of the animal:
1. Is the animal a service animal required because of a disability?
2. What work or task has the animal been individually trained to perform?
They may not ask about a person’s disability, require medical documentation,
require a special identification card or training documentation, or ask that the
service animal demonstrate its ability to perform its work or task.
Individuals who refuse to answer the two questions may have their animal’s
access denied. However, in these instances, the handler must be given an
opportunity to receive goods or services without the animal present.
More Info: 28 CFR § 36.302(c)(6) - Inquiries
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Q10: May a service animal be removed?
A: Yes. A service animal may be removed for either of the following reasons:
1. The animal is out of control and the handler does not take effective action
to control it.
2. It is not housebroken.
If the animal has had an accident, the handler is responsible for cleaning the
area where the accident occurred.
When there is a legitimate reason to ask that a service animal be removed, staff
must offer the individual with a disability the opportunity to obtain goods or
services without the animal present.
It is a best practice for covered entities to record important details when a service
animal is removed, such as in an incident report. This can be helpful in cases
where it is determined that a specific animal must be banned or reported due to
repeated behavioral issues or other concerns.
More Info: 28 CFR § 36.302(c)(2) – Exceptions, and 28 CFR § 36.302(c)(3) – If
an animal is properly excluded
Q11: What does “under control” mean?
A: A service animal must be well-behaved in entities covered by the ADA. They
must not be allowed to wander away from their handler, jump up on others,
obstruct busy walkways, etc. Under control also means that a service dog should
not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet
place. However, a service dog that barks just once, or barks because someone
has provoked it, would generally not be considered out of control.
An animal whose behavior is aggressive could be considered a direct threat to
the health or safety of others. These animals should be reported to local law
enforcement or other appropriate agencies that respond to complaints of
dangerous animals.
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Q12: Must a service animal be on a leash?
A: Generally, yes. Service animals must be harnessed, leashed, or tethered with
two exceptions:
1. These devices would interfere with the service animal’s work or task.
2. The handler’s disability prevents the use of these devices.
In these instances, the handler must still maintain control of their animal through
vocal commands, hand signals, or by some other effective means.
More Info: 28 CFR § 36.302(c)(4) – Animal under handler’s control
Identification & Registration:
Q13: Do service animals have to wear a special vest, patch, color, ID
tag, or harness identifying them as service animals?
A: No. The ADA does not require any specific identification, color, or vest for
trained service animals.
Individuals who have been required to obtain service animal identification or
register their service animal report this to the Michigan Department of Civil Rights
(MDCR) at 1-800-482-3604 to file a complaint.
Q14: Does Michigan require my service animal to be registered or
certified as a service animal?
A: No. Mandatory registration of service animals is not permitted under the ADA
and cannot be required as a condition for entry into covered entities.
While there are individuals and organizations that offer service animal
identification and registration, these items and documents do not provide any
legal privileges or protections under the ADA. Furthermore, the Department of
Justice has stated that they do not recognize these items as proof that an animal
is a service animal. A service animal is legally protected under the ADA due to its
behavior and disability-related training, not a specific patch, ID card, training
certification, registration letter, or doctor’s statement.
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Q15: Michigan offers a voluntary registration program for people with
disabilities who use service animals. Is this legal?
A: Yes. Entities such as state and local governments may offer voluntary
registration to service animal handlers. Such programs may be used for a public
purpose or offer benefits like a free patch.
Under MCL § 37.303, the Michigan Department of Civil Rights (MDCR) provides
a voluntary patch and ID card to qualifying applicants with disabilities and their
trained service animals. Voluntarily registering with MDCR does not entitle
accepted applicants to any benefits other than free service animal identification in
the form of a patch and ID card. The application for obtaining voluntary service
animal identification is available at www.Michigan.gov/ServiceAnimals.
Q16: If I have a qualifying disability under the ADA, will registering my
dog with MDCR make it a “legal” service animal?
A: No. A service animal is only legally protected under the ADA and in Michigan
once it has completed its training and performs work or a task that mitigates its
handler’s disability. If a dog has not been trained in work or a task that mitigates
the handler’s disability or if the animal is not under control in public places, it may
be removed or reported for fraud regardless of identification or registration.
Those who knowingly submit a fraudulent affidavit to MDCR in order to obtain
voluntary service animal identification may be found guilty of a misdemeanor.
See the Fraudulent Service Animals section for information on fraudulent
registration and representation of service animals in Michigan.
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Vaccinations & Licensing:
Q17: My city requires that all dogs be vaccinated, registered, and/or
licensed. Does this apply to my service animal?
A: Yes. Service animals are not exempt from local animal control, public health,
licensing, and animal registration requirements.
Q18: Are service animals exempt from Michigan dog licensing fees?
A: Yes. While service dogs must be licensed like other dogs in Michigan, they
are not subject to dog licensing fees under MCL § 287.291.
Dog Breeds:
Q19: Can service dogs be denied access based solely on their breed?
A: No. The ADA does not restrict service animals by breed. Therefore, service
animals may not be excluded based on assumptions or stereotypes about their
breed or how they might behave. However, if a particular service animal behaves
in a way that poses a direct threat to the health or safety of others, has a history
of such behavior, or is not under the control of the handler, that specific animal
may be excluded. If an animal is excluded for such reasons, staff must still offer
their goods or services to the person without the animal present.
Q20: If a municipality has an ordinance that bans certain dog breeds,
does the ban apply to service animals?
A: No. Municipalities that prohibit specific breeds of dogs must make an
exception for a service animal of a prohibited breed, unless the dog poses a
direct threat to the health or safety of others.
Under the “direct threat” provisions of the ADA, local jurisdictions need to
determine, on a case-by-case basis, whether a particular service animal can be
excluded based on that particular animal’s actual behavior or history, but they
may not exclude a service animal because of fears or generalizations about how
an animal or breed might behave.
More Info: 28 CFR § 36.208 – Direct threat
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Public Accommodations:
Q21: Who is responsible for the care and supervision of a service
animal?
A: The handler, or their designated aide, is responsible for the animal’s care and
supervision which includes toileting, feeding, grooming, veterinary care, etc.
More Info: 28 CFR § 36.302(c)(5) – Care or supervision
Q22: May service animals be taken into food establishments?
A: Yes. Establishments that sell or prepare food must allow service animals into
public areas even if state or local public health codes prohibit animals on the
premises. However, service animals are not required to be provided plates,
utensils, access to shopping carts, or other items provided for customer use only.
The Michigan Department of Agriculture and Rural Development (MDARD) and
Michigan Department of Civil Rights (MDCR) have developed a helpful resource
on Animals in Food Establishments which provides guidance on service animals
for grocery stores, restaurants, and other food establishments.
Q23: Can places of public accommodation designate a pet-friendly
room or table for individuals with service animals?
A: No. In general, people with disabilities must have the same opportunity to use
any available room or table as other guests without a disability. They may not be
restricted to “pet-friendly” areas or outdoor spaces (i.e. patios).
Q24: Can places of public accommodation charge additional cleaning
fees to individuals who use service animals?
A: No. Hotels and other places of public accommodation are not permitted to
charge individuals additional fees for cleaning the hair or dander shed by a
service animal.
However, if a guest's service animal causes damage, the entity may charge the
same fee for damages as charged to other individuals.
More Info: 28 CFR § 36.302(c)(8) – Surcharges
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Lawful Exclusion & Exemptions:
Q25: Are churches, temples, synagogues, mosques, and other places
of worship required to allow service animals?
A: No. Religious places of worship are specifically exempt from the ADA.
However, the ADA may apply in certain circumstances involving religious
facilities or organizations open to the public such as a hospital, school, etc.
More Info: 28 CFR § 36.102(e) – Exemptions and exclusions
Q26: When can a service animal be lawfully excluded from a place of
public accommodation or public entity under the ADA?
A: The ADA does not require places of public accommodation or public entities
to modify policies, practices, or procedures if doing so would fundamentally alter
the nature of the goods, services, programs, or activities provided to the public.
The ADA also does not overrule legitimate safety requirements. Modifications
that would result in a direct threat to health or safety may be considered
unreasonable if alternative accommodations would not eliminate the threat.
More Info: Modifications in policies practices, or procedures, 28 CFR §
36.302(a) – General, and 28 CFR § 36.208 – Direct threat
Q27: When might the presence of a service animal result in a
fundamental alteration or direct threat?
A: This determination often needs to be made on a case-by-case basis. In most
settings, the presence of a service animal would not result in a fundamental
alteration, but there are exceptions. For example, it would be a fundamental
alteration and a safety hazard for a service animal to accompany their handler
into a hospital burn unit or operating room where their presence would
compromise the sterile environment.
At a zoo, service animals can be restricted from areas where the animals on
display are the natural prey or natural predators of dogs, where the presence of a
dog would be disruptive, causing the displayed animals to behave aggressively
or become agitated. They cannot be restricted from other areas of the zoo.
Public health rules prohibit dogs, including service dogs, in swimming pools.
However, service animals must be allowed on the pool deck.
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Q28: What if someone is allergic to dogs or horses?
A: An allergy to dogs or horses is not a valid reason to exclude individuals with
disabilities who use service animals.
When a person who is allergic to dog or horse dander and a person who uses a
service animal must spend time in the same room or facility, they both should be
accommodated in some way, such as by assigning them to different locations
within the room or different rooms within the facility.
Fraudulent Service Animals:
Q29: Is it a crime in Michigan to represent or register a pet, emotional
support, companion, therapy animal or other unqualified animal
as a service animal or service animal in-training?
A: Yes. Michigan classifies false representation of a service animal or service
animal in-training as a misdemeanor.
It is also a misdemeanor to submit a fraudulent affidavit to MDCR’s Voluntary
Service Animal Identification program.
Instances of suspected fraud should be reported to local law enforcement.
Q30: What are the penalties for fraudulent representation or
registration of a service animal?
A: A person who knowingly violates either MCL § 752.62 or MCL § 37.307 may
be punished in one or more of the following ways:
1. Imprisonment for not more than 90 days.
2. A fine of not more than $500.
3. Community service for not more than 30 days.
Service Animals in Michigan
Frequently Asked Questions (FAQs)
Updated: 3/29/2023
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Housing, Air Travel, & Employment:
Q31: Do apartments, mobile home parks, dormitories, and other
residential properties have to comply with the ADA?
A: The ADA applies to housing programs administered by state and local
governments, such as public housing authorities, and by places of public
accommodation, such as public and private universities. In addition, the Fair
Housing Act (FHA) applies to virtually all types of housing, both public and
privately-owned, including housing covered by the ADA.
Under the FHA, housing providers are obligated to permit, as a reasonable
accommodation, the use of animals that work, provide assistance, or perform
tasks that benefit persons with disabilities, or provide emotional support to
alleviate a symptom or effect of a disability.
For information about FHA requirements, contact the U.S. Department of
Housing and Urban Development (HUD) and review HUD’s resource on
Assistance Animals.
Q32: Do commercial airlines have to comply with the ADA?
A: No. The Air Carrier Access Act (ACAA) is the Federal law that protects the
rights of people with disabilities in air travel.
For information on service animal access on airlines, contact the U.S.
Department of Transportation (DOT), Aviation Consumer Protection Division and
review their ACAA resource on Service Animals.
Q33: Do employers have to comply with the ADA in regard to
employees or applicants that use a trained service animal?
A: Title I of the ADA deals with employment and accommodations for staff and
job applicants with disabilities. Reasonable accommodations for employment can
and may include the use of a service animal.
For information on Title I and employment accommodations, contact the Job
Accommodation Network (JAN) and review their resource on Service Animals as
Workplace Accommodations.
