Can Service Animals Attend Your Church?

Nov 11

We at Gideon Law recently received questions from several clients here in Tennessee regarding their obligations to admit service animals to their churches. Their concerns involved how to ensure their church is a welcoming place for visitors who use service animals, while also following the law and protecting all people and property involved.

We were able to provide clear guidance for these clients. Essentially, churches have no legal requirement to admit service animals onto church property. Under the Americans with Disabilities Act (ADA), religious institutions are not considered places of public accommodation; therefore, the requirements of the ADA do not apply.

However, simply because a church is not required to admit service animals does not mean that it cannot. In fact, most churches choose to allow service animals simply because they would not want to turn away anyone due to a disability. That is the situation our clients found themselves in. So, what was the next step?

Even though neither the ADA nor Tennessee state law regulates the admission of service animals into places of worship, we were able to craft a policy for our clients modeled after these laws allowing them to admit service animals on campus, with certain regulations. A few of the parameters that we included were: no emotional support or therapy animals are permitted; if a service animal is disruptive or destructive, the owner can be asked to remove the animal; and an individual can be asked what service the animal provides, but not what disability the individual has. These concerns, and more, were addressed to both protect the individual and his or her dignity, as well as protect the church.

Our assistance included drafting a policy for the church to include in its policy handbook, providing guidance to church staff and volunteers, creating an incident report procedure for use when necessary, and more.

We were glad to provide this guidance to our clients. If you or your church have a similar question, please contact us today. We’d love to begin working on your behalf – for the good of your church and the Church.

Michelle Terry

A true child of the Midwest, Michelle was born in Oklahoma and has deep family roots in Kansas. Raised in Texas (a geographic region and cultural phenomenon unto itself, and rightly so), she earned a Bachelor of Arts from Oklahoma State University, and ultimately made her way to the South. There, she attended law school in Virginia and met and married a Southern gentleman from South Carolina.

Together, they have established themselves in Tennessee. Here, amidst Nashville’s dreamy hills, and steeped in the city’s rich history and enduring traditions, Michelle has found a kindred spirit. While a piece of her heart, and all of her childhood, will always belong to Texas, Michelle has joyfully made Nashville her home. Along the way, Michelle has been a member of Southern Baptist churches throughout her life. She has great appreciation and gratitude for the church, both locally and as the greater worldwide Body. Her faith has guided her in her education and throughout her legal career.

Coupled with that faith, Michelle has always had a deep love of this country and a strong sense of patriotism. Because of her love of American history and politics, and after working in various political arenas along the way, for a time Michelle envisioned herself building a life in Washington, D.C. After living and working there for a short while, a better plan made itself apparent, one that allowed her to combine her love of the church and its people, and her interest in government. For over a decade, Michelle worked at a legal nongovernmental organization passionately defending the religious rights and liberties of individuals and championing the protection of the unborn. Her career has been focused on the protection and preservation of an individual’s first amendment freedoms in the face of the government’s continual quest for further control.

Her commitment to justice, advocacy, and the church now extends to her practice in church law at Gideon Law Group, where she focuses on strengthening and safeguarding local churches, private schools, and religious nonprofits. Michelle believes that healthy churches are effective churches, and effective churches are needed to be the hands and feet of Jesus, pushing back the darkness and offering the Light in a lost and broken world.

Beyond her legal career, Michelle enjoys exploring the ever-changing sights of Nashville as though she were a perpetual tourist, engaging in thoughtful theological discussions, and losing track of time while reading a compelling book. She also delights in the strategic challenges of mahjong (though she mainly plays for the lively chats that occur between passes), and dabbles in crochet with hopeful, if misguided, determination. With a deep-seated commitment to compassion and integrity, Michelle is dedicated to advancing the voice of Gideon Law Group’s clients through its founding of The Ministry Wire where ministry-minded analysis of the law, policy, and issues facing the church have a place to thrive.

Can Service Animals Attend Your Church?

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