The service animal statute in South Dakota does not encompass canines trained to assist individuals with mental disorders.
People with disabilities may bring service dogs to all “public accommodations,” including grocery shops, hotels, restaurants, and schools, under South Dakota’s service statute and the federal Americans with Disabilities Act (ADA). 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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Which Animals Are Protected Under South Dakota Law?
A service animal is a canine that has been specially taught to do disability-related duties or labor for the benefit of a person with a disability, according to the ADA. (A miniature horse may also qualify as a service animal in certain situations.) The following are examples of service animals that must be permitted in public facilities under the ADA:
Canine deafness
assistance dogs (“seeing eye” dogs)
service animals for the mentally ill (for example, dogs that can interrupt self-harming behaviors, remind handlers to take medication, check spaces for intruders, or provide calming pressure during panic attacks)
Seizure alert animals and allergy aware animals (for example, canines that may change their handlers’ reactions to meals containing peanuts).
South Dakota’s service animal statute does not specify which animals qualify. The legislation merely specifies that persons who are blind, deaf, or otherwise physically impaired must be allowed to be accompanied by highly trained service animals in public places. According to this definition, psychiatric service animals and other animals trained to aid people with mental disorders are not included.
While South Dakota legislation is not as extensive as the ADA, South Dakota public facilities must comply with both state and federal law.
Neither the ADA nor South Dakota’s service animal statute include what some people refer to as “therapy dogs” or “emotional support animals”: animals that give a feeling of safety, companionship, and comfort to those with 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 South Dakota law to allow emotional support animals, only service animals. These rules do not also apply to pets.
Which Public Facilities Are Included?
The definition of public accommodations under the ADA is rather wide. It includes the following:
hotels and other types of accomodation
public transportation and terminals, depots, and stations restaurants\s sales or rental establishments and service establishments\s any place of public gathering, such as a convention center, theater, stadium, gym, park or zoo\s museums and educational institutions, and\s social service centers, like senior centers, homeless shelters, and food banks.
Hotels and other lodging places; places of public entertainment, accommodation, or resort; and any other locations to which the public is invited are all defined as public accommodations under South Dakota law.
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 South 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 establishment under the ADA if it presents a direct danger to health and safety, cannot be managed, or is not housebroken.
Housing for Service Animals in South Dakota
Both the federal Fair Housing Act and South Dakota law ban discrimination against persons who utilize service animals in rental housing arrangements. This implies you must have full and equal access to all housing amenities and cannot be charged a 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.
According to the federal Fair Housing Act, landlords and housing facilities must allow service dogs and emotional support animals if required for a person with a handicap to utilize and enjoy the house. You must have a physical or mental handicap and a disability-related need for the animal to qualify for this provision. 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.)
South Dakota’s housing statute, like its public accommodations law, applies solely to service animals expressly trained to aid persons who are blind, deaf, or have another physical impairment. The legislation does not apply to those who employ service animals because they have a mental handicap.
