Tennessee state law guarantees the right to a guide dog to those with physical impairments, but federal law extends those rights to people with mental disabilities as well.
People with disabilities may bring their service animals to all public places, including shops, companies, hotels, restaurants, theaters, and schools, under Tennessee law and the federal Americans with Disabilities Act (ADA). Tennessee’s statute is more restricted than the ADA in that it only applies to canine guides who aid persons with physical impairments, but Tennessee public accommodations must comply with both state and federal law.
The word “service animal” is not used in Tennessee’s public accommodations statute. Instead, it exclusively refers to “dog guides.” The phrase “dog guide” is not defined in the legislation, although it does state that public facilities must accept dog guides only if they are leading or following someone who is blind, deaf, hard of hearing, or otherwise physically impaired. Based on the text, it seems that a mental service animal would not be protected under Tennessee law.
A service animal, on the other hand, is defined under the ADA as any canine that has been individually taught to do duties or labor for the benefit of a person with a physical or mental impairment. The following are examples of service animals that must be permitted in public facilities under the ADA:
Neither the ADA nor Tennessee’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 Tennessee law to allow emotional support animals, only service animals and dog guides. These rules do not also apply to pets.
Dog guides are required under Tennessee law at places of public accommodation, leisure, and pleasure. Hotels, restaurants, barbershops, stores, theaters, public transit, public schools, and elevators are examples of such venues.
The definition of public accommodations under the ADA is rather wide. It includes the following:
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 and Tennessee law. 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 ADA forbids public accommodations from charging a special entry charge or forcing you to pay any other additional expense in order to bring 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. Both Tennessee law and the ADA permit you to make an accommodation to exclude your animal if it is not housebroken or out of control (and you are unable to manage it).
Tennessee law forbids discrimination against people with physical disability in leased or bought housing accommodations. You must have complete and equal access to all housing amenities. However, Tennessee’s service animal in housing statute only applies to guide dogs that aid blind or partly impaired handlers. Your landlord may not charge you an additional fee for owning a guide dog (although you may have to pay for any damage your animal causes). A “no pets” restriction in your lease or rental agreement does not apply to your assistance animal.
Housing facilities must allow all service dogs and emotional support animals, if appropriate, for a person with a handicap to have an equal chance to utilize and enjoy the house under the federal Fair Housing Act. 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.