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Under Tennessee's public accommodation law and the federal Americans with Disabilities Act (ADA), people with disabilities can bring their service animals to all public places, including stores, motels, restaurants, theaters, schools, and other places open to the public. Tennessee's law is more limited than the ADA because it applies only to dog guides assisting those with physical disabilities. But public accommodations in Tennessee must comply with both state and federal law. Here's what you need to know about having a service animal or guide dog in Tennessee, including how state and federal laws treat emotional support animals (ESAs) in public accommodations and housing.
Tennessee's public accommodations law doesn't use the term "service animal." Instead, it refers only to "dog guides." The law doesn't define the term dog guide, but it does say that public accommodations must allow dog guides only when they accompany someone who's blind, deaf, hard of hearing, or otherwise physically disabled. (Tenn. Code § 62-7-112(b).) Based on the language, it seems unlikely that a psychiatric service animal would qualify for protection under Tennessee law.
Under the ADA, however, a service animal is any dog that has been individually trained to perform tasks or do work for the benefit of a person with a physical or mental disability. (28 C.F.R. § 36.104.) Examples of service animals that must be allowed into public accommodations under the ADA include:
Neither the ADA nor Tennessee law requires public accommodations to admit companion animals or pets.
Emotional support animals (ESA) provide a sense of safety, companionship, and comfort to those with psychiatric or emotional disabilities or conditions. Although these animals often have therapeutic benefits, unlike psychiatric service dogs, ESAs aren't individually trained to perform specific tasks for their handlers.
Under the ADA and Tennessee law, owners of public accommodations aren't required to allow emotional support animals, only service animals and dog guides. And a 2024 Tennessee law specifically bars food service establishments from admitting ESAs indoors. (Tenn. Code § 68-14-729.) But federal housing rights laws do offer some protection for emotional support animals in your home. (See below).
Tennessee's guide dog law defines places of public accommodation, recreation, and amusement as places that supply goods or services to or accept patronage or trade with the general public. (Tenn. Code § 62-7-112(2).) The definition includes:
Tennessee law exempts private clubs if members set all club policies and club facilities or services aren't available to non-members.
Under the ADA, the definition of public accommodations is expansive. (42 U.S.C § 12181(7).) It includes all the following:
The ADA also exempts private clubs, except in areas open to the general public. And all religious entities are exempt, whether or not they offer secular services, like daycare, to non-members. (28 C.F. R. § 36.102(e).)
Under the ADA and Tennessee law, a public accommodation can't ask you questions about your disability or demand you show certification or other proof of your animal's training or status. If it isn't apparent what your service animal does, the establishment can ask you only whether it's a service animal and what tasks it performs for you.
The ADA prohibits public accommodations from charging a special admission fee or requiring you to pay any other extra cost to have your service animal with you. (28 C.F.R. 36.302(c)(8).) But you can be asked to pay for any damage your animal causes if the establishment charges other patrons for damages they cause.
Under the ADA, a public accommodation can exclude a service animal that poses a direct threat to health and safety. For example, if your dog is aggressively barking and snapping at other customers, the facility can kick the dog out. Both Tennessee law and the ADA allow an accommodation to exclude your animal if it isn't housebroken or it's out of control (and you won't take steps to control it).
Tennessee state law prohibits discrimination in leased or purchased housing accommodations against those with physical disabilities. If you have a disability, you must be allowed full and equal access to all housing facilities.
But Tennessee's law on service animals in housing requires landlords to allow only to guide dogs that assist someone who's fully or partially blind. Your landlord can't charge you extra for having a guide dog (although you can be required to pay for any damage your animal causes). (Tenn. Code § 66-7-104(d).) If your lease or rental agreement includes a "no pets" provision, it doesn't apply to your guide dog.
Under the federal Fair Housing Act (FHA), however, housing facilities must allow all service dogs and emotional support animals, if necessary for a person with a disability to have an equal opportunity to use and enjoy the home. To fall under this provision, your service animal or ESA must perform tasks or services or alleviate the emotional effects of your disability to qualify, and you must have a disability and a disability-related need for the animal.
The FHA allows housing providers to ask for documentation of your disability or your need for the animal—but only if it's not apparent. So, a landlord can ask a deaf person to document the need for an emotional support cat but can't ask a blind tenant to document the need for a guide dog.
(To get more information about service animals and ESAs in housing, see the Department of Housing and Urban Development (HUD).)