Some have “no pet” policies, but if you walk in and see a person with a dog, don’t judge. The dog, like Jessica Hanaghan’s dog Noble, may be working.

The Americans with Disabilities Act (ADA) defines a service animal as a dog (or a miniature horse) that has been specifically trained to do work or perform tasks for an individual with a physical or mental disability. The tasks performed by the dog must be directly related to the person’s disability.

According to the ADA, businesses that serve the public must allow service animals to accompany people with disabilities where the public is normally allowed to go despite any “no pets” policy. A person with a service dog may be asked to leave only if the dog misbehaves or is a danger.

Under California Penal Code 365.5, a business that interferes with a disabled person’s right to have a service dog with them in public places can be fined up to $2,500.

When California resident Jessica Hanaghan was diagnosed with an incurable auto-immune disorder back in 2013, she knew her life was going to be challenging and different, but she never imagined a service animal would be such as resourceful addition to her life.

Her condition causes pain and swelling of her joints, which results in muscle pain and body tremors (called flares). Flares weaken her body, making it difficult to walk or even pick up items.

“There is no treatment for my disorder, so I have to learn to cope with this for the rest of my life,” Hanaghan said. “When I was diagnosed, I began researching alternative treatments, and I started reading about service dogs. I talked about it with my doctor, who supported the idea and said she’d give me the recommendations I’d need to pursue getting a service dog.”

Noble, a 2-year-old Field Golden Retriever, was trained specifically to work with Hanaghan. Noble assits with:

• Basic tasks such as picking up dropped items,
• helping her keep balance as she walks,
• pushing buttons to open automated doors, and
• recognizing when Hanaghan is about to have a flare-up and gives her a special signal that alerts her to sit down and focus on relaxing.

“Noble and I are so in sync with each other,” Hanaghan said. “He’s been with me since November, and he’s changed my life. He can sense a flare-up before I even feel it, and sometimes I’m able to relax myself to where I don’t have tremors, and that makes such a difference. He’s improved my quality of life in so many ways.”

But not everything is easier with Noble! Being out in public has new challenges. Hanaghan said she’s experienced prejudice from business owners and patrons who ignore her rights to bring Noble with her to any public place, excluding churches as indicated in ADA regulations.

In July, she was turned away from a restaurant because the owner refused to allow Noble inside.

“The owner told me I could only be served on the patio,” Hanaghan said. “I’d never had problems at this restaurant before, but when the owner was there, he wouldn’t let me eat inside. I tried to explain that Noble is my service dog and I have the right to bring him with me, but he refused. It was embarrassing and demoralizing trying to explain my rights while they continued to serve other people.”

Pamela Cohen, an attorney with Disability Rights California, said that assuming Noble wasn’t displaying any aggressive behaviors, the restaurant did not have the right to refuse service. If she wants to, Hanaghan could file a formal claim with the U.S. Department of Justice.

Hanaghan said she doesn’t plan to file a formal claim against the local restaurant, but the incident has inspired her to educate people about service dogs. In her case, her disability is not always apparent and can be called an “invisible disability.”

“There is so much that people don’t know,” Hanaghan said. “You don’t have to be blind to need the assistance of a service dog, and trust me, I get asked if I’m blind a lot because most people don’t know that service dogs can be more than guide dogs.”

The ADA doesn’t require service dogs to have a special license or dog tag to identify them as a service dog.

“There is no training certification requirement for service animals under federal or state law,” Cohen said. “The only requirement is that a service animal must be individually trained to perform the disability-related tasks that it performs. The training can be done by the handler, a professional trainer, or anyone else. The trainer might give out a certificate, but it has no legal significance.

“Service dogs can be required to comply with vaccine and other local requirements for pets, but they do not need to be licensed or registered as service animals. A vest or tag might be helpful in identifying a dog as a service animal. However, it is not required, and it does not affect whether or not the dog qualifies as a service animal under the law.”

According to ADA requirements, businesses can ask a person with a service dog only two questions: Is the dog a service animal required because of a disability, and what are the tasks the dog is trained to perform?

Hanaghan said people stare at her, even if Noble keeps close to her while walking and sits or lays down if Hanaghan is seated. “Everywhere I go, I get looks. I hear the whispers. People think I’m doing it for attention, thinking I’m trying to get away with something. It’s disappointing.”

“A lot of people see him and want to come up to him and pet him, but he’s working,” Hanaghan said. “I rely on him, so I can’t have him distracted by people petting him and kids tugging on his tail. A lot of people are curious, and I love to take the extra time to educate people about the overall benefits of a service dog and what Noble means to me, but I understand some people are wary when they see a dog in a business. There are people who abuse the system. But I need Noble, and it’s disheartening when people expect me to explain myself all time.”

Today, Hanaghan and Noble are inseparable. He travels with her on airplanes and sits at her feet rather than travel in the cargo bay.

“The best compliment I’ve ever received is when a woman told me that she didn’t even know I had Noble with me,” Hanaghan said. “That means a lot. It’s always nice to get compliments about how well-behaved he is.”