Can I Take My Emotional Support Animal Anywhere? Learn Now

Many people rely on emotional support animals (ESAs) to deal with mental health issues. These animals provide comfort and emotional support to their owners through their presence. If you own an ESA, you must have wondered whether your ESA has public access rights.

Unlike service animals, ESAs are not covered under the Americans with Disabilities Act (ADA) for public access. This means ESAs cannot go with their handlers into public places. These include areas like stores, restaurants, hotels, and public transportation.

However, individuals who need animal assistance in public places can consider a Psychiatric Service Dog (PSD). PSDs are considered service animals under the ADA. They have the same legal rights as service animals, including public access rights.

This article will discuss everything you need to know about ESAs. We’ll focus on their legal rights, including public access rights. We’ll also discuss where PSDs can be a better option for individuals with mental or emotional disabilities.

What are Emotional Support Animals (ESAs)?

ESAs are animals that provide emotional support and comfort to their owners through their presence. These animals help deal with mental health conditions like PTSD, depression, and anxiety.

A qualitative study conducted in 2022 by a team of researchers, including Barry Scheuermann (PhD Professor in the School of Exercise Science and Rehabilitation, The University of Toledo), on Emotional Animal Benefits found that ESAs significantly reduced depression, anxiety, and loneliness. Participants consistently attributed improved mental health to their ESAs.

They reported emotional support, motivation, comfort, and a calming effect as the benefits of ESAs. There are no specific requirements for an animal to be an ESA. Any domesticated animal can be an ESA. The most common ESAs include dogs, cats, rabbits, and birds.

While less common, ferrets, hamsters, hedgehogs, reptiles, and fish also make good ESAs. If you own an ESA, you need an ESA letter from a licensed mental health professional. This letter helps you exercise certain legal rights, specifically housing accommodation.

Differences Between Emotional Support Animal and Service Animal

People often confuse emotional support animals (ESAs) with service animals (SAs). However, they serve different purposes and have different legal rights. Here are the main distinctions between ESAs and service animals:

Laws Protecting Emotional Support Animals

ESAs have certain legal protections that help ensure their owners can access housing. Key laws, such as the FHA, provide specific rights for ESA owners. Here’s a summary of these laws and how they apply to ESAs in different settings.

1. Fair Housing Act (FHA)
   Under the FHA, individuals with ESAs are entitled to reasonable housing accommodations. Landlords cannot deny them housing because of ESAs. They must accommodate ESAs without additional fees, even if the housing has a “no pets” policy.
   However, the landlord can request an ESA letter from an LMHP. It helps them verify the individual’s need for an ESA due to a mental or emotional disability.
   Learn everything about the Fair Housing Act and Emotional Support Animals
2. Air Carrier Access Act (ACAA)
   ESAs used to have air travel rights under the ACAA. They could fly with their owners in the cabin without any extra fees. However, changes were made to the Department of Transportation (DOT) guidelines and the Air Carrier Access Act regarding ESAs.
   With these changes, airlines are no longer legally bound to allow an ESA with its owner in the cabin. Some airlines still accommodate ESAs as pets with extra fees. The fees and other requirements for air travel with an ESA depend on the individual airline’s pet policy.
3. State and Local Laws
   Certain states provide extra protections for ESAs. The California AB468 Bill (2021) sets strict requirements for ESA documentation. It requires documentation verifying the need for an ESA from an LMHP.
   The bill prohibits landlords from charging extra pet fees or deposits for ESAs. Florida Statutes (2023) XLIV—Civil Rights also prohibits discrimination in housing for ESA owners in Florida.
   The statute, however, requires tenants to provide documentation from a licensed healthcare provider. The law provides specific state-level guidance on documentation and accommodation processes.

Public Access Rights and the ADA: Where ESAs Are and Aren’t Allowed

The ADA considers an emotional support dog or animal a pet. However, it doesn’t grant ESAs public access rights. They cannot go with their owners to most public places, including stores, restaurants, hospitals, hotels, public transportation, and more.

However, some public places may allow ESAs as pets for an extra fee. This depends on the place’s pet policy. They may have limitations on the ESA’s size, age, type, or other requirements.

The ADA covers service animals and psychiatric service dogs (PSDs). Under the ADA, they are guaranteed access to all public places. This means a service dog and a PSD can accompany their owners to all places open to the public.

Public Places Generally Prohibiting ESAs

Since the ADA considers ESAs as pets, they are not allowed in public places where pets are prohibited. Common public places where ESAs are typically not allowed include:

Exceptions for Pet-Friendly Establishments

Some pet-friendly businesses or locations may choose to allow ESAs. While these places are not legally bound to accommodate ESAs, they may do so based on their policies. However, most places charge an extra fee for accommodating an emotional support animal.

They may also have restrictions regarding the ESA’s age, size, and type. Common pet-friendly businesses or locations that may allow ESAs include:

• Pet Stores: These stores are designed to cater to animals and their owners. They have pet-friendly policies. So, they allow animals, including ESAs, inside. However, pet stores also expect animals to behave well.
• Outdoor Cafes: Some restaurants with outdoor patios or designated pet areas may allow ESAs.
• Certain Hotels: Certain hotels have special pet-friendly policies, as hotel laws do not provide ESAs with accommodation rights. They may allow ESAs in rooms but often charge an additional cleaning fee
• Parks and Outdoor Spaces: Certain parks, such as dog parks and some national parks, may allow ESAs. However, local rules typically specify if and where ESAs can go.

Situations Where Psychiatric Service Dogs (PSDs) Are Permitted

Psychiatric Service Dogs (PSDs) undergo specialized training to support an individual with a mental disability. This can include depression, post-traumatic stress disorder (PTSD), or anxiety. PSDs are recognized as service animals under the ADA.

They have the same public access rights as service animals. This means psychiatric service dogs can go with their handler to all public places without any extra fees. Common settings where PSDs are legally allowed due to their ADA recognition include:

ESA and PSD Public Access Rights by Specific Setting

ESAs and PSDs have distinctive public access rights. ESAs are generally not allowed in most public places, as they are not covered under the ADA. These include hotels, cafes, restaurants, malls, cinemas, public transportation, and grocery stores.

However, some pet-friendly places may allow ESAs depending on their pet policy. For example, some hotels allow ESAs for an extra fee. Some outdoor cafes or restaurants also have designated pet areas and may allow ESAs.

PSDs are considered service animals under the ADA. Therefore, they have legal public access rights. They can go with their handlers to all public places. Since PSDs are legally allowed in public spaces, owners do not have to pay extra fees.

Housing Rights Under the FHA

ESAs and PSDs are entitled to Fair Housing Act (FHA) housing protections. This means these animals can live with their owners without any additional fees. This includes rental housing and other residential settings.

However, there is a slight difference in the housing rights of ESAs and PSDs. ESA owners must have a legitimate emotional support animal letter for housing accommodation. PSD owners do not need to show any documentation.

Here are some key points to remember when it comes to housing rights for ESAs and PSDs:

1. ESAs are considered pets under the ADA and ACAA. Many people believe they are also treated as pets in terms of housing. However, ESAs are exempt from Pet Policies for housing under the FHA. Landlords must allow ESAs even in pet-restricted housing.
2. Landlords must provide reasonable accommodations to tenants with ESAs without extra pet fees.
3. Emotional support animal owners must show an ESA letter for Housing purposes if the landlord requests it. A licensed mental health professional must issue the letter.
4. Landlords can deny a request for an ESA if the animal poses a direct threat to the health or safety of others.
5. PSDs are also protected under the FHA. They can live with their owners even in housing or residential settings with no pets policy.
6. PSD owners don’t have to pay pet fees, deposit, or show any documentation to exercise their housing rights.

Travel Rights Under the ACAA and Airline Policies

PSDs enjoy broader rights than ESAs regarding air travel. PSDs are protected under the ACAA, while ESAs are no longer covered. Here are key points to remember on ACAA and airline-specific policies for ESAs and PSDs:

1. Air Carrier Access Act (ACAA)
   PSDs are considered service animals under the ACAA. They can travel in the cabin for free with their owners, and airlines cannot deny them access to the cabin. ESAs, on the other hand, are no longer protected under the ACAA.
2. Airline-Specific ESA Policies
   With the changes in ACAA regarding ESAs, many airlines now treat them as pets. They no longer allow free ESA travel. However, many airlines allow ESAs in the cabin as pets for an additional fee. They may have pet size, age, and type restrictions.
3. Documentation Requirements
   Depending on the airline’s policy, they may require an ESA letter and medical documentation for ESAs. However, PSDs can only ask for a US DOT form. The form typically details PSD’s health, behavior, and training.

Tips for Flying with Dogs

Restaurants and Retail Spaces

Unlike PSDs, ESAs don’t have public access rights under the ADA. Therefore, most public places, including restaurants and retail spaces, usually restrict ESAs. Here are general restrictions for ESAs in restaurants and retail spaces and common business policies:

• Restaurants and Grocery Stores
  Federal and local food safety regulations often restrict pets and ESAs from entering areas where food is prepared or served. This is to maintain hygiene standards and prevent contamination.
  However, an ESA may be allowed in a restaurant with an outdoor seating area. But it depends on the business’s discretion.
• Shopping malls
  Most shopping malls generally prohibit pets and ESAs inside retail stores. Depending on their policy, mall management may allow ESAs under specific conditions. However, they are legally bound to allow PSDs under the ADA.
• Pet-friendly retailers
  Pet stores and certain outdoor retail venues often have more lenient pet policies. They may allow pets and ESAs, given the animals are well-behaved and don’t cause any disruptions.

ESA and PSD Access in Additional Work, Education, and Temporary Housing Settings

ESAs and PSDs have distinct access rights in various settings. This includes workplaces, schools, and temporary housing. They have different legal definitions under the ADA. While the ADA recognizes PSDs as service animals, ESAs are treated as pets.

PSDs have public access rights under the ADA, whereas ESAs don’t. This means you cannot take your ESA to your workplace, school, or temporary housing unless the management permits it.

However, individuals suffering from a mental disability and needing animal assistance can consider getting a PSD.

ESA Considerations in Workplaces

Most workplaces restrict pets, but some may have pet-friendly policies. They may consider special requests to allow or accommodate emotional support animals. Here are some workplace environments where ESAs might be allowed:

• Pet-friendly offices – Some workplaces have pet-friendly policies and allow pets and ESA.
• Shared workspaces – Co-working spaces may have more flexible pet policies. They might allow ESAs as part of their accommodation for employees with disabilities.
• Pet-friendly campuses – Certain universities and corporate campuses may have policies that permit ESAs in specific areas.

Temporary Housing and Hotel ESA Policies

Hotels don’t have legal obligations to allow ESAs or pets. Many hotels typically restrict pets, but some may allow ESAs. Here are some common policies and exceptions for ESAs in temporary housing and hotels:

• Extended-stay hotels – Many extended-stay locations are pet-friendly. They may allow ESAs as part of their accommodation policies. However, depending on the hotel’s pet policies, ESA owners might have to pay an additional pet fee.
• Pet-friendly hotel chains – Hotel brands like Kimpton and La Quinta are known for being pet-friendly. They often welcome ESAs without extra restrictions.
• Vacation rentals – Some short-term vacation rentals, such as those listed on Airbnb, may allow ESAs. However, they might require a pet fee or documentation for the ESA.

Educational Settings Access for ESAs and PSDs

ESAs and PSDs have different access rights in educational settings. PSDs have more comprehensive access rights under the ADA. Here are some key points to remember on their access rights in educational settings:

1. Pet-friendly dormitories – Some universities and colleges offer pet-friendly housing options. These allow students to live with their pets and ESAs. However, there are certain guidelines and policies for keeping pets on campus.
2. PSD rights – Under the ADA, PSDs can access all campus areas, including classrooms, dormitories, libraries, and dining halls. Universities must accommodate PSDs in any campus space where students require support.
3. ESA support lounges – Some colleges provide designated lounges and relaxation areas where students can interact with their ESAs. These spaces have a controlled environment so ESAs don’t disrupt other students. This helps students who need ESAs to relieve stress.

Documentation Requirements for PSD Access in Public Spaces

PSDs are considered service dogs under the ADA. They have the same legal rights and documentation requirements as service animals. Service dog owners do not need to show any sort of certification or registration letter for PSD access to public places.

However, some PSD owners still prefer to get PSD letters, certifications, or ID cards for their service dogs. This helps them avoid misunderstandings and conflicts in public settings.

For air travel, PSD’s owners must provide a DOT Service Animal Air Transportation Form if the airline requires it. Other than that, there are no specific documentation requirements.

Necessary Documentation for PSD Public Access

There are no legal requirements for specific PSD documents. However, some owners prefer to obtain certain documentation for ease of access. Here are common documents used to verify a PSD’s legitimacy in public spaces:

It’s important to know that these documents are not legally required under the ADA. Many PSD owners obtain these documents to avoid conflicts and misunderstandings.

Distinguishing PSD from ESA Rights in Public Spaces

ESAs don’t have public access rights under the ADA. However, PSDs have comprehensive rights. PSDs can enter almost any public place with their owner without any additional fees. Here are key differences in access rights between PSDs and ESAs in public spaces:

• Restaurants and cafes
  PSDs can visit restaurants and cafes with their owners, but ESAs are typically restricted. Some restaurants or cafes with outdoor seating may allow ESAs for an extra fee.
• Public transit
  The ADA grants PSDs full access to all public transit systems. ESAs don’t have legal rights to access public transit. However, some transit systems may allow ESAs to pay an extra fee at their discretion.
• Offices and workplaces
  The ADA requires offices and workplaces to accommodate PSDs when necessary, but ESAs have limited access. Depending on their policies, some workplaces may allow pets and ESAs, but they are not legally required.

FAQs About ESA and PSD Public Access Rights

Can an Emotional Support Animal Go With You Anywhere?

No. An ESA doesn’t have public access rights under the ADA. The ADA considers them pets, and the individual public space’s pet policy applies to ESAs. Some places may allow ESAs, and some may not, depending on their pet policy.

What Are the New Federal Rules on Emotional Support Animals?

According to new federal rules, the ACAA treats ESAs as pets, and the ADA considers them pets. This means pet policies for air travel and public access apply to ESAs. However, ESAs do have housing accommodation rights under the FHA.

What Is the New Law for Emotional Support Animals in California?

In California, the AB 468 law (enacted in 2021) is the new law for ESAs. According to this bill, the LMHP issuing a California ESA letter must have a valid and active license in the jurisdiction. There should also be a client-provider relationship for at least 30 days.

Can You Travel With an Emotional Support Animal?

It depends on the individual airline’s pet policy. With DOT rules and ACAA changes, airlines now treat ESAs as pets. Some airlines allow ESAs to travel with their owners for an additional pet fee. However, there are often specific guidelines that ESA owners must follow.

Are ESAs Allowed in Medical Facilities?

No. ESAs generally don’t have access rights to medical facilities. Some facilities may make exceptions at their discretion. However, ESA owners must ensure that ESA’s presence does not interfere with medical protocols.

What Documentation Is Needed for My PSD?

There are no legal requirements for documents for PSDs’ public access. Under the ADA, they can go to any public place with their owner.

Are ESAs Recognized in Educational Settings?

No. ESAs don’t have legal access rights in educational settings. However, some universities and colleges have dedicated lounges where students can interact with their ESAs. Some campuses also have pet-friendly housing options.

Is There a Difference Between an ESA and PSD Letter?

Yes. An ESA letter confirms the owner’s need for an ESA to ease symptoms of a mental/emotional disability. A Psychiatric Service Dog letter verifies that the handler has a qualifying disability. It also confirms that the dog has been trained to perform specific tasks.

Conclusion: Navigating Public Access with Emotional Support Animals and Psychiatric Service Dogs

ESAs and PSDs have different public access rights, with PSDs enjoying more rights under the ADA. ESAs are considered pets under the ADA, so they don’t have legal public access rights. The ADA considers PSDs service or working animals.

It grants them public access rights, meaning PSDs can go to all public places with their owners. Authorities cannot restrict their access. If you’re an ESA or PSD owner, familiarizing yourself with their legal rights under the FHA, ACAA, and ADA is essential.

This will help you avoid conflicts and misunderstandings and save you from hassle.