Your right to have a service dog in public places and housing is protected by Indiana and federal law.
Persons with disabilities may bring their service animals to all public places, including shops, companies, hotels, restaurants, theaters, and more, under Indiana’s legislation on the rights of people with disabilities and the federal Americans with Disabilities Act (ADA). People with disabilities are also permitted to carry service animals into public buildings and outdoor areas (such as parks and sidewalks), as well as onboard public transit and common carriers (airplanes, ferries, and so on).
Learn which animals qualify as service animals, which public facilities must accept them, and what restrictions you may need to follow with your support animal in the sections below.
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Indiana Defines Service Animals
A service animal is an animal that has been taught to:
a service animal (for example, a guide dog that assists a visually impaired person in navigation and travel)
a hearing aid (such as a hearing dog, that alerts its handler to important noises, like the phone, doorbell, or alarm)
an aid dog (including an animal that pulls a wheelchair, pushes an elevator button, or retrieves items)
a mental service animal (such as an animal that interrupts self-destructive behavior, reminds its handler to take medication, or calms an anxiety attack with soothing pressure)
a moving animal (such as an animal that provides physical support and balance to its handler)
an autistic service animal and a seizure alert animal (an animal that alerts its handler of an approaching seizure and may also protect its handler during a seizure) (which may interrupt self-harming behavior, or initiate calming touch for a handler who is anxious or agitated).
A service animal is a canine that has been specially taught to do duties or labor for the benefit of a person with a handicap, according to the ADA. The animal’s responsibilities or labor must be directly tied to the person’s impairment. A miniature horse may also qualify as a service animal under the ADA in specific situations.
Pets or what some term “emotional support animals”: animals that give a feeling of safety, companionship, and comfort to persons with mental or emotional disorders or conditions are not covered by the ADA or Indiana’s service animal statute. 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 Indiana law to allow emotional support animals, only service animals.
Which Indiana Public Accommodations Must Allow Service Animals?
The definition of public accommodations under the ADA is rather wide. It includes the following:
hotels and other types of accomodation
Terminals, depots, and stations for public transit
restaurants and other food and beverage sales or rental enterprises
any place of public meeting, such as an auditorium or convention center places of amusement and exhibition, such as theaters or sports stadiums
Recreational facilities, such as zoos and parks, libraries, museums, and other locations where artifacts are gathered or shown publicly educational institutions, and social assistance centers, such as elder centers, homeless shelters, and food banks.
In Indiana, public accommodations are defined broadly to encompass any institution that caters to or provides facilities, commodities, or services to the general public.
Service Animal Guidelines
A public accommodation may not ask you questions about your impairment or seek certification 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.
Both Indiana law and the ADA 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.
Your service animal may be denied access to a public accommodation under the ADA if it presents a direct hazard to health and safety. For example, if your dog barks and snaps at other clients, the facility may toss the dog out. Your animal may also be excluded if it is not housebroken or is out of control (and you are unable or unwilling to handle it).
Service Animals in Indiana Housing
Discrimination in housing accommodations against persons who use service animals is prohibited under Indiana and federal law. You must have full and equal access to all housing amenities, and your landlord may not charge you an additional fee for keeping 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.
Although Indiana law forbids housing discrimination against people with physical disabilities, the rule on service animals in housing only applies to guide dogs that help people with disabilities overcome their disabilities. The statute makes no mention of other forms of service animals.
According to the federal Fair Housing Act, housing facilities must include service dogs and emotional support animals if required for a disabled person to have an equal chance to utilize and enjoy the property. To be eligible for this provision, you must have a handicap and a disability-related need for the animal. To qualify, the animal must labor, provide duties or services, or lessen the emotional impact of your impairment. (For further information, see the Department of Housing and Urban Development’s service animal advice.)