Alaska Service Dog and Emotional Support Animal Laws

In Alaska, anybody with a handicap may be accompanied in public by a licensed service animal.

It is a criminal in Alaska to prohibit a disabled person from being accompanied by or receiving aid from a qualified service animal in a public location (which includes motels, restaurants, theaters, and more). A disability is defined under Alaska’s Human Rights Law as a physical or mental handicap that significantly restricts a main life activity or a condition that may need the use of a prosthesis, special mobility equipment, or a service animal.

Furthermore, persons with disabilities may bring service animals to all public facilities under the federal Americans with Disabilities Act (ADA). In Alaska, public accommodations must adhere to both state and federal regulations. We clarify which public accommodations are covered here, as well as which animals qualify as service animals.

In Alaska, what animals qualify as service animals?

The Human Rights Law of Alaska does not specify which animals qualify as service animals, but the state’s criminal legislation, which make it unlawful to impede someone with a handicap from being accompanied or supported by a registered service animal, do. A certified service animal is an animal that has been trained to help someone with a handicap and has been certified as having completed such training by a school or training institution for service animals.

A service animal is a canine that has been taught to do duties or labor for the benefit of a person with a handicap, according to the ADA. The actions or labor performed by the animal must be directly connected to the person’s handicap, such as notifying a handler of oncoming seizures, reminding handlers to take medicine, or assisting individuals who are visually impaired in navigating safely. A miniature horse may potentially qualify as a service animal in certain situations. The ADA also applies to psychiatric service animals, who may assist their handlers in managing mental and emotional disorders by preventing self-harming behaviors, searching for intruders, or giving soothing pressure during anxiety or panic episodes.

Neither the ADA nor Alaska law cover what some refer to as “emotional support animals”: animals that give a feeling of protection, friendship, and comfort to persons suffering from mental or emotional disorders. Although these animals are often therapeutic, they are not specifically taught to do particular duties for their humans. Owners of public establishments are not obligated by the ADA or Alaska law to allow emotional support animals, only service animals.

Defined Public Accommodations

The Human Rights Law of Alaska defines public accommodations as establishments that provide products, services, or facilities to the general public or cater to them. The statute specifies a number of locations that qualify, including:

restaurants, soda fountains, soft drink parlors, taverns and bars, ice cream parlors, and any other place where food or beverages are sold
Hotels, motels, inns, trailer parks, resorts, and campsites are all examples of lodging.
barbers and beauty salons
restrooms and rest stops for transportation companies
Theaters, ice rinks, golf courses, swimming pools, and any other public entertainment and commercial institutions

The ADA specifies a broad list of public establishments to which you may bring your service animal, including:

hotels and other types of accomodation
restaurants and other places that serve food and drink any place of public gathering, such as an auditorium or convention center gyms, bowling alleys, and other places of exercise or recreation libraries, museums, and educational institutions, and social service centers, such as senior centers, homeless shelters, and food banks

Service Animal Guidelines

A public accommodation may not ask you questions about your impairment or request certification, identification, or other evidence of your animal’s training or status under the ADA. Whether it is unclear what your service animal does, the business may just inquire if it is a service animal and what responsibilities it does for you.

Only “certified” service animals are protected under Alaska law. The legislation, however, does not specify whether the person utilizing the animal must provide certification or other documentation.

Both the ADA and Alaska law prevent public establishments from charging a special entry charge or forcing you to pay any other additional fees in order to have your service animal with you. You may, however, be required to pay for any damage your animal causes.

The Americans with Disabilities Act (ADA) authorizes a public accommodation to refuse your service animal if it presents a clear hazard to health and safety (or example, if your dog is aggressively barking and snapping at other customers, the facility can kick the dog out). Your animal may also be excluded if it is not housebroken or if it is out of control and you are unable or unwilling to regulate it adequately. Even if your service animal is not permitted, you have the right to access the public facility.

When Are Service Animals Allowed in Alaska Housing?

The federal Fair Housing Act forbids discrimination against persons who utilize service animals in housing accommodations. You must have full and equal access to all housing facilities, and you may not be charged an additional fee for having a service animal (although you may have to pay for damage your animal causes). A “no pets” restriction in your lease or rental agreement does not apply to your assistance animal.

As previously stated, Alaska’s Human Rights legislation forbids housing discrimination against people with disabilities, which includes individuals who need the use of a service animal.

Finally, in order for a person with a handicap to have an equal chance to utilize and enjoy the house, housing facilities must enable service dogs and emotional support animals, if appropriate. To be eligible for this provision, you must have a handicap and a disability-related need for the animal. In other words, in order to qualify, the animal must labor, provide duties or services, or relieve the emotional impact of your condition.