ADA Emotional Support Animal: Rights and Regulations

The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination. It ensures their equal access to jobs, government services, public spaces, and transportation.

A key part of the ADA’s role is to define the rights of support animals, including service animals and psychiatric service dogs (PSDs). The ADA defines service animals as dogs trained to work or perform tasks directly related to a person’s disability.

This includes PSDs, which help people with mental health conditions. Service animals can go with their handlers to all public places where others can go. With a PSD Letter, psychiatric service dogs guarantee the same rights. However, the ADA does not recognize emotional support animals (ESAs) as service animals.

ESAs provide comfort through their presence but do not perform specific tasks related to a disability. The ADA does not give ESAs the same rights as service animals regarding public access.

Overview of ADA Requirements for ESAs and Service Animals (SAs)

The ADA is a civil rights law enacted in 1990. It legally protects individuals with disabilities from discrimination. The ADA ensures that these individuals have equal access and opportunities as everyone else in various areas of public life.

This also includes public accommodation for people with disabilities and their service animals. A service dog under the ADA is any dog specially trained to perform a task to benefit an individual with a disability.

It recognizes these dogs as essential aids for individuals with disabilities. Thus, the ADA grants service dogs access rights to public spaces. However, the ADA does not recognize emotional support dogs or animals as service animals.

ADA Requirements for Service Dogs vs. ESAs

Under the ADA, a service animal is any dog trained to perform tasks to assist an individual with a disability. The tasks should be directly related to the individual’s disability. For example, a guide dog can be trained to assist blind people in crossing streets safely.

Any other species of animals are not considered service animals under the ADA. However, under certain circumstances, miniature horses can qualify as service animals.

Since service dogs are trained to perform specific tasks related to a person’s disability, the ADA grants them public access rights. This means they can legally go to almost all public places with their owners. The management cannot deny access.

However, the ADA doesn’t recognize ESAs as service animals because they don’t undergo any formal training to perform specific tasks. They provide emotional support and comfort with their presence. Therefore, ESAs don’t have public access rights under the ADA.

Situations Where ADA Protections Apply to Service Animals

Regarding service animals’ public access, the ADA protections apply to almost all public places. Service animals can go to most places with their owner where the public can go. These include:

ESAs are generally not allowed in these places. However, some businesses or institutions may allow ESAs at their discretion.

Places You Can Take Your ESA

What is an Emotional Support Animal (ESA)?

An ESA provides emotional support to people suffering from mental health issues. These can include conditions like depression, PTSD, anxiety disorders, autism, and more. Unlike service animals, ESAs don’t undergo any training.

ESAs provide emotional support through their presence. The ADA does not cover them for public access. However, they have housing accommodation rights under the Fair Housing Act (FHA).

Definition and Purpose of an ESA

Everything about Emotional Support Animals

Legal Status and Protections for ESAs Beyond ADA

Since ESAs don’t undergo any special training, the ADA doesn’t recognize them as service animals. ESAs don’t have rights to public access like service animals. They cannot go to public places with their owners unless expressly permitted.

ESAs have legal protections against housing discrimination under the Fair Housing Act (FHA). They can live with their owners in housing without additional pet fees, including housing with a ‘No Pet‘ policy. With an ESA Letter for Housing, handlers guarantee these rights and get protection against any discriminations.

ESAs also used to have air travel rights under the Air Carrier Access Act (ACAA). However, with DOT’s rules and ACAA changes, ESAs no longer have air travel rights. The individual airline’s pet policies apply to them, such as extra pet fees and weight and size restrictions.

What is a Psychiatric Service Dog (PSD)?

Psychiatric Service Dogs (PSDs) are service animals that receive special training to assist people with mental illnesses. The ADA considers PSDs as service animals and not as pets.

While PSDs’ role may seem like that of ESAs, they differ from ESAs because of the specialized training they receive.

Definition and Tasks of Psychiatric Service Animals

A psychiatric service animal is a dog that is specially trained to perform tasks to assist people with mental illnesses. These can include PTSD, anxiety disorders, depression, bipolar disorder, autism, and more.

Various studies, such as one from Frontiers Psychology, published in July 2020, suggest that PSDs are an effective extra treatment for people, especially military veterans, with PTSD.

PSDs are trained to perform specific tasks, while ESAs are not. Depending on their training, PSDs can perform different tasks. These can include:

Learn more about PSDs

ADA Protections for PSDs and Full Access Rights

The ADA considers PSDs as service dogs. This is due to their specialized training and grants them the same public access rights. This means PSDs can go to almost all public places with their owners. These include restaurants, cafes, hotels, public transport, and more.

Common mental health conditions that qualify for a PSD include:

ADA Rights and Protections for Service Dogs

The ADA grants full public access rights to service dogs to protect people with disabilities from discrimination. These dogs can go to all public places with their owners as they help them with their disability.

ESAs, however, don’t have public access protection under the ADA. This is because emotional support animals don’t receive special training.

ADA-Recognized Public Access Rights

Under the ADA, service animals, including PSDs, can go to most public places with their owners. These include hotels, restaurants, cafes, retail stores, hospitals, public transport, and any other place open to the public.

This applies to businesses or places with a ‘No Pets‘ policy. The ADA ensures that individuals with disabilities can fully participate in public life and receive required assistance from their service animals when needed.

Businesses and public facilities cannot deny access to service animals. They cannot charge fees or need deposits for service animals. They also cannot request any certification or registration letter for the SA.

Staff may only ask two specific questions to confirm if the animal qualifies as a service animal:

• Is the service animal required because of a disability?
• What task has the service animal been trained to perform?

ESA Limitations Under ADA

The ADA doesn’t recognize ESAs as service animals. It doesn’t grant them the same public access rights as service animals. That’s because ESAs don’t get specialized training. They provide emotional support and comfort through their presence.

Standard pet policies regarding public access apply to ESAs. They cannot go with their owners to most places open to the public. Some businesses may allow ESAs at their discretion but often charge pet fees.

Other ESA and PSD Laws Impacting Access and Accommodation

Other federal laws, in addition to the ADA, provide rights and protections for PSDs and ESAs. These include the Fair Housing Act (FHA) and the Air Carrier Access Act (ACAA). PSDs and ESAs have different rights under these laws, as PSDs are service animals while ESAs are not.

Fair Housing Act (FHA) Protections for ESAs

The Fair Housing Act is a law that prohibits discrimination in housing. This law requires landlords to provide reasonable accommodations to people with disabilities, including their need for an assistance animal or an ESA.

Under the FHA, housing providers must allow ESAs to live with their owners without extra fees. This also includes housing with a ‘No Pets‘ policy. To qualify for these rights, tenants must provide a letter from an LMHP confirming that the ESA supports a mental health condition.

Air Carrier Access Act (ACAA) Protections for PSDs and ESAs

ESAs used to have air travel rights under the Air Carrier Access Act. However, with DOT’s rules and ACAA changes, most airlines now treat ESAs as pets. ESAs can no longer travel in the cabin with their owners for free.

Some airlines still allow ESAs to travel. However, the airline’s pet policies, such as pet fees and weight and size restrictions, apply to ESAs. The airline may also ask for documentation, such as an ESA letter and health certificates. Some pet-friendly airlines are inclined to accept ESAs for a fee in the cabin, along with their owners.

On the other hand, PSDs have full air travel rights under the ACAA. They are considered service animals and can travel in the cabin with their owners. Airlines cannot charge extra pet fees for PSDs or need a PSD letter. They can only ask for the US DOT form for service animals.

Differences Between ESAs and Service Dogs

ESAs and service dogs both help people, but they serve different purposes. Service dogs are specially trained to perform tasks that assist people with disabilities. However, ESAs provide comfort just by being with their owners.

This difference in training also affects their rights. Service dogs have legal protections that allow them to go almost anywhere with their handlers. ESAs, on the other hand, have fewer access rights. Here’s a closer look at how training, roles, and legal protections differ.

Training and Functional Differences

Service animals are individually trained to perform tasks related to their owner’s disability. These can include tasks like:

• Guiding people with vision impairments, such as helping blind people cross streets safely
• Retrieving dropped items
• Altering people with hearing loss issues to sounds
• Opening and closing doors, drawers, etc.

In contrast, ESAs don’t receive specific training to perform certain tasks. Their presence provides emotional support and comfort.

Legal Protections and Public Access Distinctions

Qualifying Disabilities for a Service Animal Under ADA

Different types of disabilities qualify for service animals under the ADA. These can include physical, sensory, developmental, and mental disabilities. Depending on the individual’s disability, service animals can be trained to perform tasks.

ADA-Recognized Disabilities for Service Animals

Here are common disabilities that qualify for service animal assistance under the ADA:

• Vision impairments, such as blindness and low vision
• Hearing loss and deafness
• Mobility impairments, such as spinal cord injuries and arthritis
• ADHD
• Autism
• Depression
• Anxiety disorders
• PTSD
• Seizure disorders
• Diabetes

Task-Based Assistance Provided by Service Animals

Service animals can be trained to perform various tasks depending on the person’s disability. These can include:

• Assist blind people or people with low vision to navigate obstacles and cross streets safely
• Alert people with hearing disabilities to sounds like alarms and doorbells
• Assist people with physical disabilities by performing tasks like retrieving dropped items, opening and closing doors, and turning lights on and off
• Calming their handler during a panic or anxiety attack
• Interrupting harmful behavior
• Alert family members when a person is having a seizure
• Sense blood sugar levels and alert their handlers to spikes and drops in levels
• Detect allergens in the environment and food

What is a Comfort Animal?

As the name suggests, comfort animals provide comfort and emotional relief. They differ from ESAs and service animals in terms of their role, purpose, and legal protections.

Definition and Role of Comfort Animals

Comfort animals provide their owners with comfort, general companionship, and emotional relief. This helps to enhance the well-being of their owners.

Their presence helps relieve depression, anxiety, and loneliness. Unlike service animals, comfort animals are not trained to perform any task.

Legal Limitations for Comfort Animals

Unlike ESAs and service animals, comfort animals are not legally recognized. Comfort animals don’t have public access, housing, and air travel rights under the ADA, FHA, and ACAA. They are considered pets, and no specific documentation proves their recognition.

What is a Therapy Animal?

Therapy animals provide emotional support and comfort to groups or individuals in therapeutic settings. These include hospitals, schools, nursing homes, and mental health facilities.

They differ from service animals and ESA in terms of their role, purpose, and legal protections.

Definition and Purpose of Therapy Animals

Therapy animals assist groups or individuals in need of emotional support. They provide emotional support and comfort to a group of people.

Someone with a disability does not individually own therapy animals. They are brought into environments by professional handlers or therapists. A therapy animal can also be any animal, such as a cat, dog, miniature horse, etc.

Legal Access Limitations for Therapy Animals

Unlike service animals, therapy animals are not protected under the ADA. They do not have public access rights. They can only go to designated therapy settings with permission.

Since individuals do not own therapy animals, they don’t have housing and air travel rights under the FHA and ACCA.

Public Access Rights for Service Animals Under ADA

The ADA grants service animals the right to go with their handlers in most public places. Businesses and other public spaces are required by law to allow service animals. Here’s a look at where service animals are allowed and what businesses’ responsibilities are under the ADA.

ADA Public Access Rules for Service Animals

Here’s a list of common public settings where service animals are legally permitted under the ADA:

• Restaurants and cafes
• Hotels
• Retail stores
• Theaters and cinemas
• Shopping malls and retail stores
• Public transportation, such as buses and trains
• Gyms and fitness centers
• Schools and universities
• Museums, galleries, and libraries
• Healthcare facilities
• Government buildings

Businesses must allow service animals in all these places. They cannot require documentation or extra fees. However, service animals must be well-behaved and under control at all times. If a service animal causes serious disruptions, businesses may ask the owner to remove it.

Enforcement and Compliance of ADA Service Animal Rights

The ADA grants full public access rights to service animals. Businesses that refuse to allow service animals can face legal consequences, including civil penalties, heavy fines, and lawsuits.

Here are some FAQs on enforcing public access rights for service animals:

1. Can a business refuse service to a person with a service animal?
   No. Businesses cannot refuse service to an individual with a service animal. They may only deny access to the service animal if it is out of control and poses a direct threat to the health or safety of others.
2. What should I do if a business denies access to my service animal?
   You should first explain your legal right to bring your service animal under the ADA. If the situation isn’t resolved, you can file a complaint with the U.S. Department of Justice or state or local authorities if applicable.
3. Can a business ask about the specific disability of the individual or documentation of service animals?
   No. A business cannot ask someone to disclose their disability or request documentation for service animals.

How to Acquire a Service Animal

Acquiring a service animal involves various steps. Before obtaining a service animal, knowing the training requirements and costs is best.

Steps for Acquiring a Service Animal

If you own a dog, you can train it to perform specific tasks related to your disability. You can also adopt a dog from a shelter or rescue group and train it to become a service dog.

However, training the dog by yourself can be time-consuming. You can also consider getting your dog trained by a professional trainer. Various non-profit organizations also provide trained service dogs. They match individuals with dogs best suited to their disabilities.

The cost of service dogs depends on how you get them. Professional organizations charge between $10,000 and $50,000. Individual trainers usually charge $150 to $250 per hour.

The fees vary depending on the tasks the dog needs to be trained for. Depending on the complexity of the tasks, training typically takes 6 to 18 months.

Certification and Legal Requirements for Service Animals

There are no legal requirements for service dog certification or registration. The ADA does not need service dogs to be certified, have a service animal letter, or wear a vest or tag. Authorities cannot request paperwork from service dog owners to grant them access.

However, getting a service dog letter or certificate can be useful in some situations. It can help prevent interruptions, unwanted questions, and conflicts when accessing public places.

Resources and Support for ESA and Service Animal Owners

Various valuable resources are available for ESA and Service dog owners. These resources provide useful information on training, legal rights, documentation requirements, and associated costs. For example, ESA Pet is a reliable provider of ESA and Service Dog letters.

Here are some useful websites for service dog owners:

• ESA Pet
• Assistance Dogs International (ADI)
• ADA Service Animal
• International Association of Assistance Dog Partners (IAADP)
• Service Dogs for America
• Canine Companions

FAQs on ADA and Support Animal Rights

What Are the New Federal Rules on Emotional Support Animals?

According to the changes made in DOT’s rule and ACAA, ESAs no longer have legal air travel rights. Airlines now treat them as pets, and their pet policies apply to ESAs. However, ESAs continue to have housing discrimination protection under the FHA.

What Animals Are Not Covered Under ADA?

The ADA does not cover ESAs, comfort and companion animals, and therapy animals for public access rights. However, it grants full public access rights to service animals and PSDs.

What Is the Difference Between ADA and ESA?

The ADA is a law that protects people with disabilities from discrimination. It grants them the legal right to take their service animals with them in public places. An ESA is a support animal. These animals provide emotional support and comfort to their owners through their presence.

What Qualifies as an Emotional Support Animal?

Any domesticated animal can be an emotional support animal. Common emotional support animals include cats, dogs, birds, and rabbits. Insects, ferrets, fish, miniature horses, and hedgehogs also make good ESAs.

Conclusion: Understanding ADA and Support Animal Protections

The ADA is a civil law that prohibits discrimination against individuals with disabilities. It grants public access rights to support animals like service animals and PSDs. This ensures that people with disabilities can get assistance from their service animals whenever needed.

Under the ADA, a service dog owner can take his or her service animal to almost all public places. Businesses cannot charge extra fees for service animals. However, ESAs don’t qualify as service animals under the ADA. Thus, they don’t have public access rights.

If you own a service animal or plan to get one, staying informed about its rights can be helpful. However, it is crucial to use trusted resources like ESA Pet for guidance.