The Law

Service Dog Laws

The exact statutory language behind service dog access — quoted verbatim, with official sources.

The Law, in Its Own Words

Tap any statute to read the relevant language quoted verbatim, with the exact citation and a link to the official text at the bottom of each. Federal provisions are quoted from the U.S. Code and the Code of Federal Regulations; Colorado entries are summarized with a link to the official statute. This page is for reference — not legal advice.

The Americans with Disabilities Act

The ADA is the core federal law for public access. It applies in every state.

How federal regulation defines a service animal:

"Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. … The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition."

28 C.F.R. § 36.104 (definitions) · View on eCFR.gov ↗

Service animals in businesses & public accommodations (Title III) — relevant subparagraphs:

(c)(1) General. "Generally, a public accommodation shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability."

(c)(2) Exceptions. "A public accommodation may ask an individual with a disability to remove a service animal from the premises if— (i) The animal is out of control and the animal's handler does not take effective action to control it; or (ii) The animal is not housebroken."

(c)(4) Animal under handler's control. "A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control…"

(c)(6) Inquiries. "A public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform, but shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal."

(c)(8) Surcharges. "A public accommodation shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees…"

28 C.F.R. § 36.302(c) (relevant excerpts) · Read the full regulation on eCFR.gov ↗

The same service-animal rules for state & local government (Title II):

(a) General. "Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability."

(b) Exceptions. "A public entity may ask an individual with a disability to remove a service animal from the premises if— (1) The animal is out of control and the animal's handler does not take effective action to control it; or (2) The animal is not housebroken."

(f) Inquiries. "A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform…"

28 C.F.R. § 35.136 (relevant excerpts) · Read the full regulation on eCFR.gov ↗

Colorado Protections

Colorado mirrors the ADA and, in places, goes further. Text below is drawn from the Colorado General Assembly's Legislative Council Staff, with the statute sections cited.

Per the Colorado General Assembly (Legislative Council Staff):

An individual with a disability — or a service animal trainer — has the right to be accompanied by a service animal without being required to pay an extra charge:

  • in any place of employment, housing, or public accommodation;
  • during any programs, services, or activities conducted by a public entity;
  • for any public transportation service; or
  • at any other place open to the public.

An employer must allow an employee with a disability to keep their service animal with them at all times at work, and may not discriminate in hiring or terms of employment because the person is accompanied by a service animal. An owner of a service animal is exempt from state or local licensing fees.

Civil liability: a person who violates these rights is liable to the person affected and is subject to monetary damages, a $5,000 fine, or damages for noneconomic loss or injury up to $50,000.

§ 24-34-803, C.R.S. · Colorado General Assembly (LCS) ↗

Colorado attaches criminal penalties to interference (Legislative Council Staff):

Interfering with a handler's rights. Withholding, denying, depriving, or threatening to interfere with the service-animal rights above — or punishing a person for exercising them — is a petty offense, punishable by up to a $300 fine and/or 10 days in county jail. (§ 18-1.3-503(1.5), C.R.S.)

Harming a service animal. Interfering with, injuring, or harming a service animal — or causing another dog to do so — is a class 2 misdemeanor, punishable by up to a $750 fine and/or 120 days. (§ 18-1.3-501(1)(a.5), C.R.S.)

§ 18-1.3-503(1.5) & § 18-1.3-501(1)(a.5), C.R.S. · Colorado General Assembly (LCS) ↗

Summary (verbatim text being confirmed): It is unlawful in Colorado to intentionally misrepresent an animal as a service animal to obtain the rights or privileges reserved for service-animal users, with penalties that escalate for repeat offenses.

§ 18-13-107.7, C.R.S. · Colorado Revised Statutes (Justia) ↗

Housing (Every State)

Housing is governed by different rules than public access. The Fair Housing Act doesn't name animals — it requires reasonable accommodations, which HUD applies to assistance animals (service dogs and emotional support animals) in housing.

The operative clause HUD applies to assistance animals in housing:

"[Discrimination includes] a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling."

42 U.S.C. § 3604(f)(3)(B) · View on Cornell Law ↗

Protects against disability discrimination in federally funded programs, including federally assisted housing:

"No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…"

29 U.S.C. § 794(a) · View on Cornell Law ↗

Air Travel (Every State)

Flights aren't covered by the ADA — air travel has its own federal rule, the Air Carrier Access Act.

How the U.S. DOT rule defines a service animal for air travel (since 2021, trained dogs only):

"Service animal means a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability."

14 C.F.R. § 382.3 (Air Carrier Access Act) · View on eCFR.gov ↗
More states coming This page covers federal law (which applies everywhere) plus Colorado. State-by-state statutes are on the way — until your state is listed, the federal protections above still apply. Want a state prioritized? Add it to the notes.