Service animals are animals specially trained to perform tasks for people with disabilities. This may include such tasks as:
Businesses that serve the public must allow people with disabilities to enter with their service animal. Service animals are working animals, not pets.
Under South Dakota's human rights laws, as well as the federal Americans with Disabilities Act, businesses and organizations serving the public must allow people with disabilities to bring their service animals into all areas of their facility where customers are normally allowed to go. This law applies to all businesses open to the public, including (but not limited to):
Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
Under state law, no landlord may prohibit (by lease or otherwise) the keeping of a service animal by a person who is totally or partially physically disabled, blind or deaf in a rented or leased apartment or other residential property.
Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.
Businesses are allowed to:
Businesses are not allowed to:
Businesses are not required to provide:
The only times a business may ask a person with a disability to remove his or her service animal from the premises are when the animal:
Even in these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
More information on state laws may be found in these sections of South Dakota Codified Law:
For questions or assistance, contact the Division of Labor and Management at 605.773.4493.
The information provided on this Web page should in no way be considered legal advice. For specific information about your legal rights, you should consult your personal attorney. If you have a general question, contact us.
South Dakota Department of Labor and Regulation
Division of Labor and Management
123 W. Missouri Ave.
Pierre, SD 57501-4505