It is common to hear the terms “emotional support animal” and “service dog” used interchangeably, but there are some very important differences between the two categories. Let’s begin by defining what each of these terms means. An “emotional support animal” (ESA) is a companion animal that provides some benefit and comfort to a person with disabilities. A “service dog” is, as defined by the Americans with Disabilities Act (ADA), “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” Next, let’s learn more about what each of these animals can do for and with their handlers, and their respective rights.
ESAs are often recommended by a medical provider to help someone with a mental or emotional disability. ESAs are recommended by medical professionals, and can be any kind of animal. ESAs are used for comfort- but are not required to have any training or expected to perform anything outside of the realm of what would be considered normal behavior for a pet of the same species. An ESA’s presence must have a significant benefit for the handler above that allows them to function in a more “normal” fashion. ESAs are protected by the Rehabilitation act of 1973, as well as the Federal Fair Housing Amendments Act (FFHA) of 1988. Under these statutes, persons with disabilities and their assistance animals are protected from discrimination by landlords. In addition to housing rights, ESAs are also protected by the Air Carrier Act, that states that persons with disabilities may bring prescribed service dogs and ESAs, provided they have the necessary documentation. ESAs, unlike service dogs, do not have public access rights.
Service dogs, like ESAs, assist persons with disabilities. However, there are a few distinct differences. Service dogs do not need to be prescribed by doctors, and getting a letter from a doctor will not automatically make a pet into a service dog. Service dogs are individually trained to perform specific tasks to assist their handlers, beyond just providing comfort and companionship. Trained tasks range from guiding the blind, alerting for and responding to seizures, assisting with mobility, retrieval, medication reminder, and alerting to sounds for persons with hearing disabilities. There really is no limit to the tasks service dogs can be trained to do- but the task training is only the first difference between ESAs and service dogs.
Like ESAs, service dogs are protected by the Rehabilitation Act of 1973, the FFHA, and the ADA. Unlike ESAs, service dog protections under these laws are far more broad. Service dogs are afforded access rights, which means they can accompany their handler to public places like stores, restaurants, and any business which provides access to the general public, regardless of an individual business’s pet policy. Service dogs and their handlers are also protected from discrimination in employment, education, and transportation. Though these protections exist, service dogs are expected to uphold a standard of behavior while accompanying their handlers. A service dog that barks (outside of a trained alert), is aggressive, is destructive, or unnecessarily disruptive can be asked to leave an establishment, and the handler may be responsible for any damages their service dog may have caused.
I hope this has helped to clear up confusion between the terms, and provided insight on what each of these animals can do for their handlers! If you’d like to learn more, please check out the Americans with Disabilities Act website at https://www.ada.gov!
“To err is human, to forgive, canine.”
Happy Training!
Charyce Solven
Conquer K9
IACP Member #A9266