Emotional Support Animals do not have public access rights under the ADA, meaning they are not allowed in places like restaurants, stores, or workplaces that prohibit pets. Service animals, on the other hand, have legal access to these public spaces.
A service animal must be trained to perform specific tasks that directly help an individual with a disability, such as guiding a person who is blind or alerting someone with epilepsy before a seizure. Emotional support or companionship alone does not make an animal a service animal.
Service animals are allowed to accompany their handlers in public places (e.g., restaurants, stores, and transportation) under the ADA. Emotional Support Animals do not have the same public access rights and are only protected under laws like the Fair Housing Act (FHA) and, previously, the Air Carrier Access Act (ACAA) before the rules changed in 2021.
Under the ADA, only dogs and miniature horses can be classified as service animals, and they must be trained to perform specific tasks for individuals with disabilities. Emotional support alone does not qualify an animal as a service animal under this law.
Service animals are trained to perform specific tasks that assist individuals with disabilities (e.g., guiding the blind or detecting seizures), whereas ESAs provide comfort and emotional support but do not require specialized training.
