http://www.nolo.com/legal-encyclopedia/psychiatric-service-dogs-emotional-support-animals-access-public-places-other-settings.ht
WHAT IS... an Emotional Support Animal?
Many individuals—both with and without disabilities—derive emotional support and comfort from dogs and other animals that are not specially trained to perform specific tasks directly related to a psychiatric disability.
The ADA considers such “emotional support animals” to be distinct from psychiatric service dogs, and treats them differently. The ADA does not grant emotional support dog owners the same right of access to public places that it gives to individuals who use psychiatric service dogs. That means that under the ADA, a movie theater, for example, must allow psychiatric service dogs to accompany their owners into the movie auditorium but can refuse to admit individuals with emotional support dogs.
The Difference Between a Psychiatric Service Dog and an Emotional Support Dog:
It is not always clear—to staff at public places, and even to some people with disabilities—whether an animal accompanying an individual with a psychiatric disability or impairment is performing a psychiatric service or “merely” providing emotional support. Confusion may result in unlawful and discriminatory treatment of people with disabilities.
The key distinction to remember is that a psychiatric service animal is actually trained to perform certain tasks that are directly related to an individual’s psychiatric disability. The dog’s primary role is not to provide emotional support. It is to assist the owner with the accomplishment of vital tasks they otherwise would not be able to perform independently. In addition, a psychiatric service dog must not only respond to an owner’s need for help, the dog must also be trained to recognize the need for help in the first place. A dog must be able to respond and recognize to be a service dog.
By contrast, an emotional support dog is a pet that is not trained to perform specific acts directly related to an individual’s psychiatric disability. Instead, the pet's owner simply derives a sense of well-being, safety, or calm from the dog’s companionship and physical presence.
The animal companionship of an emotional support dog can have genuine therapeutic benefits for individuals with psychiatric disabilities and less severe mental impairments. But unless the dog is also trained to work—to independently recognize and respond to its owner’s psychiatric disability—the dog does not qualify as a psychiatric service dog and does not receive the protections of the ADA.
For example, people with social phobia might only feel safe enough to leave their home for food or medication if their dog accompanies them. Such a dog would be considered an emotional support animal.
If, however, the same person is prone to dissociative episodes when they leave home, and their dog is trained to recognize and respond to the onset of such an episode by nudging, barking, or removing the individual to a safe location, then the dog would be considered a psychiatric service dog.
Federal Laws Granting the Right to Be Accompanied by an Emotional Support Animal
While the ADA governs the use of emotional support animals in public places, two other federal laws, the Air Carrier Access Act (ACAA) and Fair Housing Act (FHAct), govern the use of emotional service animals in housing or on commercial aircraft.
Housing
Under the Fair Housing Act, an individual with a disability may be entitled to keep an emotional support animal in housing facilities that otherwise do not allow pets. An emotional support animal—which can include animals other than dogs—must be permitted as a reasonable accommodation when an individual requires the animal in order to have an equal opportunity to use and enjoy the housing. The assistance the animal provides must relate to the individual’s disability.
Airlines
Under the Air Carrier Access Act (ACAA), a commercial airline must permit emotional support dogs and other animals to accompany qualified passengers with a disability on a flight. Airlines cannot require that a passenger traveling with a service animal provide written documentation that the animal is a service animal, but the same is not true for an emotional support animal.
In both the housing and airline context, an individual with a disability will likely need to acquire a special letter from a licensed mental health professional documenting the individual’s need for an emotional support animal.
Written by Zachary Duffly
Zachary Duffly is an attorney residing in Portland, Oregon. A graduate of U.C. Berkeley Law (Boalt Hall), Zack's work focuses on disability rights and discrimination. Prior to writing for Nolo, Zack was the Initiative for Public Interest Law at Yale Fellow at Disability Rights Advocates in Berkeley, California. Zack has also previously worked as a health care provider, counselor, and administrator.
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