Last Updated: March 2026
South Dakota provides service dog protections through SDCL Chapter 20-13 and related statutes. The state explicitly covers psychiatric and mental disabilities for public access, requires SDIT trainers to be affiliated with a nationally recognized training program, and makes it a criminal misdemeanor for landlords to deny service animals (SDCL 20-13-23.4). South Dakota has no minimum employer size for disability discrimination protections. In 2026, two bills passed both chambers unanimously: SB81 (upgrading service animal harm penalties) and SB82 (creating a fake service dog misdemeanor).
Whether you’re a current service dog handler or training your own service dog in the Mount Rushmore State, this guide covers everything you need to know about your rights and protections under South Dakota law.
Federal ADA Protections in South Dakota
The Americans with Disabilities Act (ADA) applies fully in South Dakota. Under the ADA (42 U.S.C. §§ 12101–12213), a service animal is defined as a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.
Examples of tasks include:
- Guiding a person who is blind
- Alerting a person who is deaf to sounds
- Pulling a wheelchair
- Alerting and protecting a person during a seizure
- Reminding a person with mental illness to take medication
- Calming a person with PTSD during an anxiety attack
- Interrupting self-harm behaviors
Important: Emotional support animals, comfort animals, and therapy animals are not considered service animals under the ADA because they haven’t been trained to perform a specific task.
South Dakota’s Service Animal Framework
Definition
South Dakota’s public access statute (SDCL 20-13-23.2) uses the term “service animal” and refers to an animal “especially trained for the purpose” of assisting a person with a disability. Notably, the state statute uses the broader term “service animal” without explicitly limiting it to dogs for public access purposes.
For service animals in training, SDCL 20-13-1(17) is more specific: a “service animal in training” is defined as any dog undergoing individual training to provide specific disability-related work or service. The dog must have completed basic obedience training and be housebroken.
Explicit Psychiatric Disability Coverage
The public access statute (SDCL 20-13-23.2) explicitly covers persons who are “totally or partially physically disabled, totally or partially blind, totally or partially deaf, or have a psychiatric disability or mental disability.” This clear language ensures psychiatric service dogs are protected under state law.
Public Access Rights (SDCL 20-13-23.1 & 20-13-23.2)
Persons with disabilities are entitled to reasonably equal accommodations in all public places, including:
- Hotels and lodging places
- Places of public accommodation, amusement, or resort
- All places to which the general public is invited
Key provisions:
- No extra charge may be imposed for the service animal
- The handler is liable for any damage caused by the animal
- A service animal may be removed only if out of control, posing a direct threat, or not housebroken
- Service animals are allowed in food establishment dining and sales areas (ARSD 44:02:07:89), but must be kept off tables and chairs
Service Dogs in Training (SDITs)
South Dakota grants public access rights to SDITs under SDCL 20-13-23.2, but with specific requirements:
- The SDIT must be a dog (explicitly stated in SDCL 20-13-1(17))
- The dog must have completed basic obedience training and be housebroken
- The SDIT must wear a collar and leash, harness, or cape identifying it as a service animal in training
- The trainer must be an employee, contractor, or volunteer of a nationally recognized service animal training program (SDCL 20-13-1(18))
- No extra charge may be imposed
- The trainer is liable for any damage
Note: South Dakota’s SDIT protections are more restrictive than some states — the trainer must be affiliated with a nationally recognized program, not just any individual owner-trainer.
White Cane Law (SDCL 32-27-6 through 32-27-8)
South Dakota’s White Cane Law requires motorists to come to a full stop for pedestrians guided by a guide dog or carrying a white or white-tipped-with-red cane (SDCL 32-27-7).
Key provisions:
- Violation is a Class 2 misdemeanor — up to 30 days and/or $500
- Sighted persons are prohibited from carrying a white cane (SDCL 32-27-6)
- Not carrying a cane or using a guide dog is not contributory negligence (SDCL 32-27-8)
The Two-Question Rule
When it’s not obvious what service a dog provides, businesses may ask only two questions:
- “Is this a service animal required because of a disability?”
- “What work or task has the dog been trained to perform?”
Staff cannot:
- Ask about the nature or extent of the person’s disability
- Require documentation, certification, ID cards, or special vests
- Ask the dog to demonstrate its task
- Charge extra fees or surcharges for the service dog
Housing Rights
Federal Fair Housing Act (FHA)
The FHA (42 U.S.C. §§ 3601–3619) requires landlords to make reasonable accommodations for assistance animals, including service dogs, even in “no pets” housing. No pet deposits or fees may be charged.
South Dakota State Housing Protections
SDCL 20-13-23.4 makes it a Class 2 misdemeanor for a landlord to prohibit a service animal by lease or otherwise. This is notable because most states use civil remedies for housing discrimination — South Dakota makes it a criminal offense.
SDCL 20-13-23.7 requires housing providers to make a good faith effort to provide reasonable accommodations for disabled persons.
Employment Protections
Federal ADA
Title I of the federal ADA covers employers with 15 or more employees.
South Dakota Human Relations Act
South Dakota provides significantly broader employment protections. SDCL 20-13-1(7) defines “employer” as any person who hires or employs any employee — with no minimum employee count. This means virtually every employer in South Dakota is covered, making it one of the broadest thresholds in the nation.
Registration and Identification Accessories
While registration, ID cards, vests, leashes, tags, and other identification accessories are not required or endorsed by the ADA, they serve a practical purpose — much like a uniform. Outfitting your service dog with identifiable gear allows people to recognize them as a working animal from a distance, reduces hassle and questioning in public, and helps create a smoother experience for both handlers and businesses.
Think of it as a courtesy that benefits everyone. When your service dog is wearing a clearly marked vest or harness, store employees and other patrons are less likely to approach with questions or attempt to pet your dog. This means fewer interruptions while your service dog is working and a more seamless experience in restaurants, stores, and other public places.
Common service dog accessories include:
- Service dog vests and harnesses — clearly identify your dog as a working animal
- Service dog leashes — printed with “Service Dog” for added visibility
- ID cards and tags — provide quick reference for your dog’s role
- Patch sets — allow you to customize your dog’s vest with relevant messages
Penalties and Enforcement
Access Denial (SDCL 20-13-23.2)
Denying access to a service animal handler is a Class 2 misdemeanor:
- Up to 30 days in jail
- Fine up to $500
- Plus mandatory restitution
Harming a Service Animal (SDCL 40-1-38)
Harassing, intimidating, or interfering with a service animal is currently a Class 2 misdemeanor (up to 30 days / $500). If the person continues after being asked to stop, there is a rebuttable presumption of maliciousness (SDCL 40-1-39).
Pending upgrade (SB81, 2026): Passed both chambers unanimously — would upgrade to a Class 1 misdemeanor (up to 1 year / $2,000). Awaiting governor’s signature.
Killing a Service Animal (SDCL 40-1-21)
Intentionally killing any animal of another is a Class 1 misdemeanor (up to 1 year / $2,000) plus mandatory restitution.
Fake Service Dog Law (Pending — SB82, 2026)
South Dakota is poised to enact a fake service dog law. SB82 passed both chambers unanimously (Senate 34-0, House 66-0) and is awaiting the governor’s signature. It would make misrepresenting an animal as a service animal a Class 2 misdemeanor (up to 30 days / $500).
Training Requirements
Under the federal ADA — which applies in South Dakota — service dogs do not need to be trained by a professional or certified organization. Owner-training (self-training) is fully permitted.
There is no national or state registry, certification, or licensing requirement. A service dog must:
- Be trained to perform at least one specific task related to the handler’s disability
- Be under the handler’s control at all times
- Be housebroken
- Not pose a direct threat to health or safety
Air Travel
South Dakota follows federal law for air travel. As of January 2021, the U.S. Department of Transportation’s final rule (14 C.F.R. Part 382) recognizes only trained service dogs. Key rules:
- Airlines may require handlers to complete a DOT Service Animal Air Transportation Form
- Airlines cannot ban specific breeds of service dogs
- Airlines may limit passengers to two service dogs
- The dog must fit within the handler’s foot space
- Service dogs travel in the cabin at no charge
- Emotional support animals are no longer covered — they’re treated as pets
Key Takeaways
- Psychiatric and mental disabilities are explicitly covered — clear state-level protection for psychiatric service dogs.
- Landlord denial of service animals is a criminal misdemeanor — SDCL 20-13-23.4 makes this a Class 2 misdemeanor.
- Employment protections cover all employers — no minimum employee count, one of the broadest thresholds in the nation.
- SB81 (2026) would upgrade harm penalties — from Class 2 to Class 1 misdemeanor (up to 1 year / $2,000). Awaiting governor’s signature.
- SB82 (2026) would create a fake SD misdemeanor — Class 2 misdemeanor, passed unanimously. Awaiting governor’s signature.
- SDIT access requires nationally recognized program affiliation — more restrictive than some states.
- No certification or registration is legally required — owner-training is fully permitted under the ADA.
This article is for informational purposes only and does not constitute legal advice. Laws are subject to change — consult a qualified attorney for specific legal questions.