Know Your Rights as a Dog Handler

Service Dogs vs Therapy Dogs vs ESAs • What the ADA Allows (and Prohibits) • Housing & Employment Protections • Common Access Misunderstandings • Resources for Northern Virginia Residents

Know Your Rights: A Practical Guide for Northern Virginia’s Therapy Dog Teams, Service Dog Handlers & ESA Owners

January 2026 Edition – Canine Concierge Corporation

Whether you’re a therapy dog handler preparing for facility visits, a service dog team navigating public spaces, or a resident relying on an Emotional Support Animal (ESA) in housing, understanding the laws that protect you — and the limits of those laws — is essential.
This guide clarifies the rights, obligations, and real-world etiquette every handler should know in Northern Virginia.

1. Your Dog’s Designation Determines Your Rights

Not all working dogs fall under the same legal category, and each has different protections:

Service Dogs (ADA-covered) are individually trained to perform tasks for a person with a disability.
They have full public access.
Therapy Dogs provide comfort in structured visits (schools, hospitals, senior living).
They do not have public access rights.
ESAs (Emotional Support Animals) support mental health and well-being.
They do not have public access rights but are protected in housing.

Correct labeling prevents conflict and keeps expectations clear.

2. Only Service Dogs Have ADA Public Access Rights

Under the Americans with Disabilities Act (ADA):

Restaurants, stores, government buildings, hospitals, hotels, transit, and most indoor spaces must permit service dogs.
Staff may ask only two questions:
(1) “Is this a service animal required because of a disability?”
(2) “What task or work is the animal trained to perform?”

They may not ask for paperwork, identification, certification, or proof of disability.

3. Therapy Dogs Enter by Invitation Only

Therapy dogs—no matter how well trained—are guests inside facilities.
Access is granted only when:

A facility has an AAI (animal-assisted intervention) program,
A certifying organization approves the visit, and
The handler follows site-specific rules (insurance, grooming, leash protocol, behavior expectations).

Even if your therapy dog is registered, that does not grant public-access privileges.

4. ESAs Are Protected in Housing — Even in “No Pets” Residences

Under the Fair Housing Act (FHA):

Housing providers must allow an ESA with appropriate documentation.
They may not charge pet rent or breed/weight fees.
They may not enforce breed bans that apply to pets.
They may verify documentation, but only through a legitimate provider.

Important:
ESAs do not have access rights in stores, restaurants, hotels, transit, or public spaces.

5. Staff May Remove Any Dog — Including Service Dogs — for Behavior

If a service dog is:

Out of control,
Disruptive,
Aggressive, or
Not housebroken,

A business may legally ask the handler to remove the dog.
They must still offer service to the person without the animal.

This rule applies everywhere.

6. Documentation Helps — Diplomacy Helps Even More

While you may not be required to show papers, handlers who carry:

Vaccination records
ID tags
Training credentials (CGC, therapy certification, etc.)
Facility-required insurance or authorization letters

…tend to resolve misunderstandings much faster.

A calm explanation often de-escalates situations faster than quoting statutes.

7. When in Doubt, the ADA, DOJ, and FHA Provide the Final Word

For disputes or confusion:

ADA Hotline (Department of Justice): 800-514-0301
HUD FHA Accessibility Line: 800-669-9777
Virginia Fair Housing Office: 888-551-3247

These agencies enforce the laws. Their guidance supersedes business policies, internet opinions, or signage.

Key Takeaway

Understanding your rights — and how they differ across service dogs, therapy dogs, and ESAs — protects the public, protects handlers, and preserves trust in legitimate working-animal teams throughout Northern Virginia.