Service dogs and emotional support animals in Massachusetts

The Justice Department's ADA guidance defines service animals as dogs 'individually trained to do work or perform tasks for people with disabilities,' with the work directly related to the person's disability. Its examples include guiding a person who is blind, alerting a person who is deaf, pulling a wheelchair, alerting and protecting a person having a seizure, reminding a person with mental illness to take prescribed medication, and calming a person with PTSD during an anxiety attack. Service animals, the guidance says, are working animals, not pets.

Dogs whose sole function is comfort or emotional support do not qualify, and neither do therapy or companion animals. The dividing line is training: the department's answer on anxiety says a dog trained to sense an attack coming and take a specific action to help is a service animal, while a dog whose mere presence comforts is not. Dogs still in training are not service animals under the ADA either, though the department notes that some state laws cover them, and Massachusetts is one of those states.

Chapter 272, section 98A, entitles a blind person, a deaf or hearing handicapped person, or another physically handicapped person accompanied by a dog guide to every public conveyance, place of public amusement and place of public accommodation in the commonwealth on the same terms as anyone else, with no extra fare for the dog. Anyone who denies that right faces a fine of up to $300 and liability for damages. The state wording centers on physical disabilities; the federal definition also reaches psychiatric, intellectual and other mental disabilities.

Chapter 129, section 39F, goes further than the ADA on training. A person 'accompanied by and engaged in the raising or training of a service dog,' including a hearing, guide or assistance dog, has the same rights, privileges and responsibilities as a person with a disability under the ADA. And chapter 140, section 139, says no fee shall be charged for a dog license for a service animal as defined by the ADA. The license itself is still required, and the Justice Department confirms that service animals follow local licensing and vaccination rules.

Where pets are banned, a working service dog is sometimes exempt. Rockport's dog rules keep dogs off the town's beaches from June 1 to September 15 'unless a service dog.' DCR's parks regulation, 302 CMR 12.13, lets service and medical support animals onto state property where pets are otherwise barred, when they accompany a person with medical or service needs and are acting in that capacity; it does not define medical support animal, so ask the park before relying on it for a support dog. Gloucester's dog regulations page does not mention service dogs, so ask the city about its beaches.

Dogtown is a pet care business, and our vaccine, license and evaluation requirements are written for every dog; ask the front desk how a service dog's day of play or groom is arranged. Daycare, Academy days, overnight stays and at-home walks begin with a free evaluation on a weekday between 6:30 and 9:30 AM, with Rabies, DHPP and Bordetella and a current city license on file. Grooming needs no evaluation. If your dog works, tell us when you book.