Service Dogs and Emotional Support Animals in North Dakota

When North Dakota state and federal laws allow you to keep an animal in your home or public location.

People with disabilities may bring service animals to all “public accommodations,” including shops, companies, hotels, restaurants, theaters, and schools, under North Dakota’s service animal legislation and the federal Americans with Disabilities Act (ADA). North Dakota public accommodations must adhere to both state and federal regulations. We explain which public establishments are covered, which animals qualify as service animals, and what guidelines you may need to follow with your support animal in the sections below.

What Exactly Are Public Accommodations?

You may bring your service animal into any public establishment, health care institution, transportation service, or other venue to which the general public is welcome in North Dakota. Restaurants, stores, hotels, service businesses, public-access office buildings (such as an accountant’s or lawyer’s office), hospitals, and arenas are all included in this category.

The definition of public accommodations under the ADA is both wide and comprehensive. It covers all public-access institutions such as supermarkets, theaters, gyms, zoos, parks, schools, and homeless shelters.

Which Animals Are Included?

Service animals in North Dakota include signal dogs (for the deaf), guide dogs (for the blind), and other animals trained to do chores, work, or offer help to individuals with disabilities. The legislation defines some of these activities as collecting fallen things, giving balance assistance, aiding in a medical emergency, or protecting someone with a handicap.

A service animal is a canine that has been taught to do disability-related duties for the benefit of a person with a handicap, according to the ADA. A miniature horse may potentially qualify as a service animal in certain situations. In addition to hearing dogs and guide dogs, the following service animals must be permitted in public facilities under the ADA:

psychiatric service animals, who assist their handlers in managing mental and emotional disorders by halting self-harming habits, reminding handlers to take medicine, searching for intruders, or offering relaxing pressure during anxiety or panic episodes.
Seizure alert animals warn their handlers of oncoming seizures and may even protect their handlers during seizure activity, while allergy alert animals warn their handlers of potentially toxic foods or other substances (such as peanuts).

Neither the ADA nor North Dakota’s service animal statute cover what some refer to as “emotional support animals,” which are animals that give a feeling of safety, companionship, and comfort to those who have mental or emotional disorders or conditions. 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 North Dakota law to allow emotional support animals, only service animals.

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.

The Americans with Disabilities Act (ADA) and North Dakota law prevent public places from charging a special entry charge or forcing you to pay any other additional expense 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 (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.

Housing for Service Animals in North Dakota

Both the federal Fair Housing Act and North Dakota law ban discrimination against persons who utilize service animals in rental housing arrangements. 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. Your landlord, on the other hand, may require you to submit accurate proof of your condition and the link between your handicap and your need for a service or assistance animal as an accommodation. A physician or other medical expert may offer this paperwork. However, if your handicap and need for a service or assistance animal are obvious or the landlord is already aware of them, your landlord may not request paperwork. If you are blind and rely on a guide dog for navigation, your landlord is unlikely to require evidence.

Housing facilities must allow service dogs and emotional support animals if required for a person with a handicap to have an equal chance to utilize and enjoy the house, according to the federal Fair Housing Act. 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.