Each answer quotes the law first, then explains it in plain English without giving legal advice.
What the law says: 28 C.F.R. § 36.104: "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."
28 C.F.R. § 36.302(c) (DOJ ADA service-animal regulation) ↗
In Indiana, the federal ADA controls who counts as a service dog for public-access purposes. The dog must be (1) individually trained, and (2) trained to perform a specific task or "work" tied to a disability. The training does not have to come from a professional school — owner-trained service dogs are recognized under the ADA — but the dog must actually perform a discrete task on cue or in response to a stimulus. Emotional comfort alone, without a trained task, does not meet the ADA definition.
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What the law says: 28 C.F.R. § 36.302(c)(6): 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." It "shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal."
28 C.F.R. § 36.302(c) (DOJ ADA service-animal regulation) ↗
Under the federal ADA — which applies in Indiana — public accommodations are limited to two questions: (1) is the dog required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot demand certification papers, ID cards, vests, registry membership, or proof of training. Staff also cannot ask about the nature or extent of the disability. If staff exceed those limits, the next step is generally a complaint to the U.S. Department of Justice or to the Indiana attorney general's civil-rights division.
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What the law says: 28 C.F.R. § 36.104 includes psychiatric, intellectual, or other mental disability in the disabilities a service animal may be trained to assist. DOJ guidance confirms: "Psychiatric service dogs that are trained to recognize and respond to specific tasks are service animals."
28 C.F.R. § 36.302(c) (DOJ ADA service-animal regulation) ↗
The ADA — which applies in Indiana — recognizes psychiatric service dogs as service animals when the dog is individually trained to perform specific tasks tied to a psychiatric disability. Trained tasks might include interrupting self-harm, performing deep-pressure therapy on cue, alerting to dissociation, room-clearing in a crowded space, or interrupting a panic episode. A PSD has the same public-access rights as any other service dog. The dog's training and the trained task — not the type of disability — determine whether the dog qualifies under the ADA.
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What the law says: 28 C.F.R. § 36.104 defines a service animal as a dog "individually trained to do work or perform tasks." HUD's 2020 guidance clarifies that emotional support animals "are not limited to dogs and are not individually trained to perform a specific task."
28 C.F.R. § 36.302(c) (DOJ ADA service-animal regulation) ↗
Federal law treats service animals and emotional support animals as different categories. A service animal under the ADA is a dog (or in limited cases a miniature horse) trained to perform specific tasks tied to a disability — and has public-access rights in stores, restaurants, and other public accommodations. An emotional support animal under the FHA can be any species and is not required to have task training; ESAs primarily have housing protections, not public-access rights. Indiana follows the same federal framework. Whether a specific animal qualifies as one, the other, or both depends on facts about training and the disability.
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What the law says: Federal law does not directly criminalize misrepresentation. Many states have enacted their own misrepresentation statutes — see Indiana's state-specific section if one applies.
Americans with Disabilities Act, Title III, 42 U.S.C. §§ 12181–12189 ↗
Federal law does not directly criminalize falsely claiming a pet is a service dog. A growing number of states — including some with statutes enforced through fines, community service, or misdemeanor charges — have made misrepresentation an offense. Whether Indiana has such a statute, and how it applies, is described in this page's state-specific sections. Beyond legal penalties, misrepresentation harms people who actually need service dogs by eroding businesses' willingness to honor legitimate teams.
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What the law says: 24 C.F.R. § 100.204 (FHA reasonable accommodation) protects assistance animals — both ESAs and service dogs — in housing. HUD's 2020 guidance applies the same framework to both.
24 C.F.R. § 100.204 (HUD Reasonable Accommodation regulation) ↗
Yes — service dogs are protected by the federal Fair Housing Act in Indiana the same way ESAs are. Housing providers must make reasonable accommodations for tenants with disabilities, which includes allowing trained service dogs even where a "no pets" policy exists. The FHA's accommodation framework applies to both categories of assistance animal. The difference between ESAs and service dogs matters mostly for public access (ADA) and air travel (DOT 2021 rule), not for housing.
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What the law says: 28 C.F.R. § 36.302(c)(1): A public accommodation "shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability." Limited exceptions apply for direct-threat behavior (§ 36.302(c)(2)).
28 C.F.R. § 36.302(c) (DOJ ADA service-animal regulation) ↗
Restaurants are public accommodations under ADA Title III. In Indiana, a restaurant generally must allow service dogs to accompany their handlers. The narrow exceptions under federal law: a service dog can be excluded if it is not under the handler's control (e.g., aggressive behavior the handler cannot correct) or if it is not housebroken. Allergies and fear of dogs are not valid reasons to deny access. Health-code arguments do not override the ADA. If a restaurant refuses access in Indiana, the next step is generally a DOJ complaint or consultation with an ADA-experienced attorney.
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What the law says: 14 C.F.R. § 382.3 (DOT 2021): "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."
DOT 2021 Rule, 14 C.F.R. Part 382 (Final Rule on Traveling by Air with Service Animals) ↗
The DOT's 2021 rule recognizes task-trained service dogs — including psychiatric service dogs — for in-cabin travel on U.S. air carriers, regardless of departure state including from Indiana. Carriers may require advance notice and a DOT service-animal form attesting to training and behavior; specifics vary by carrier. ESAs are not service animals under the rule and may travel only as pets per the carrier's pet policy.
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