We receive many requests to accommodate various types of animals, including Service Dogs, Emotional Support Animals (ESA), support, therapy, and Assistance Animals. However, it's essential to clarify that neither the ADA nor Tennessee's service animal law includes emotional support animals. These laws only require public accommodations to allow true service animals and dog guides and do not apply to pets.
Service Animals vs. Pets: Know the Difference
In Tennessee, only service dogs are granted specific protections under state law (T.C.A. § 62-7-112) and the Americans with Disabilities Act (ADA). Unlike the ADA, which allows miniature horses as service animals in certain cases, Tennessee law recognizes only dogs as service animals. These dogs are highly trained to perform specific tasks to assist individuals with disabilities, such as guiding those with visual impairments, alerting to seizures, or aiding with mobility or psychiatric conditions.
In contrast, pets, emotional support animals (ESAs), therapy animals, or assistance animals are not covered by the same legal protections in Tennessee’s public accommodation laws or under the ADA. Misrepresenting a pet or ESA as a service dog is a serious offense in Tennessee and can lead to legal consequences.
Tennessee Law on Service Dogs
Under T.C.A. § 62-7-112, Tennessee law mandates that public accommodations, including lodging establishments, must allow service dogs (referred to as “dog guides” or “service animals”) to accompany individuals with disabilities. These dogs must be trained to perform tasks directly related to the handler’s disability, such as assisting with navigation, medical alerts, or mobility support. While psychiatric service dogs are covered under the ADA for specific tasks, they are not explicitly mentioned in Tennessee’s state law but are generally recognized under federal guidelines.
Misrepresenting a Service Dog
Tennessee takes misrepresentation seriously. Per T.C.A. § 39-16-304(c), falsely claiming a pet or ESA as a service dog is a Class B misdemeanor. Penalties include:
- Up to 6 months in jail and/or a fine of up to $500.
- Mandatory 100 hours of community service for an organization serving individuals with disabilities, to be completed within 6 months.
Fraudulent “certifications,” vests, or tags purchased online hold no legal weight in Tennessee. Such misrepresentations undermine the rights of individuals who rely on legitimate service dogs.
Emotional Support Animals (ESAs) in Tennessee
ESAs provide comfort but are not trained to perform specific disability-related tasks, so they do not qualify as service dogs under Tennessee law or the ADA. Recent legislative updates, such as Tennessee Senate Bill SB1595 (effective March 15, 2024), explicitly prohibit ESAs from accessing food establishments and restaurants, reinforcing their status as equivalent to pets in public accommodations. Similarly, the Air Carrier Access Act (ACAA) amendments of 2021 classify ESAs as pets for air travel, subject to airline policies.
Our No-Pet Policy
To protect guests with severe animal allergies, our cabins maintain a strict no-pet policy. Pets and ESAs are not permitted, as pet dander can be difficult and costly to remove, impacting future guests. We understand the importance of pets to their owners, and we’re happy to recommend pet-friendly accommodations nearby.
Service Dogs Are Welcome
We gladly accommodate legitimate service dogs in compliance with the ADA and T.C.A. § 62-7-112. If you plan to bring a service dog, please inform us during booking or before check-in. You may be asked two permissible questions under the ADA:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
Service dogs must remain under the handler’s control and should not cause damage or disruption. Guests are responsible for any cleanup or damages caused by their service dog, which may exceed the standard rental deposit.
Why Misrepresentation Hurts
Misrepresenting a pet or ESA as a service dog not only violates Tennessee law but also disrespects individuals who depend on trained service dogs. Pets, unlike service dogs, may become stressed in unfamiliar environments, leading to barking, chewing, or property damage. This can create unsafe conditions for other guests and increase maintenance costs.
Our Commitment
We strive to balance compliance with Tennessee and federal laws while ensuring a safe, comfortable experience for all guests. By adhering to our no-pet policy and verifying service dogs, we aim to protect the rights of individuals with disabilities while maintaining our properties for everyone’s enjoyment.
If you have questions about our policies or need assistance finding pet-friendly accommodations, please contact us. We’re here to help ensure your stay is enjoyable and compliant with Tennessee law.