Ever wondered what's the difference between a Service Dog, a Therapy Dog and an Emotional Support Animal? Does it even matter? Absolutely! Each is a different type of working dog and each is governed by different laws. If you're thinking you want to train your dog in one of these areas, or if you want to know your rights as a business owner, this is the article for you!
Service Dog
According to Federal ADA (Americans with Disabilities Act) law, a Service Dog is a dog trained to perform work or tasks for a DISABLED individual that he or she CAN NOT do for his or herself. The disabled individual has the right to have a Service Dog with him or her in all public access locations.
There are two major qualifiers of a Service Dog.
First; the handler must have a disability. If you do not have a disability you do not have the legal right to be accompanied by a Service Dog.
Second; the dog must be work or task trained to do something that aids with that aids and directly relates to that disability. If the dog does something on it's own, even if it is super helpful, without the actual training it does not qualify as a task. So if, for example, your dog starts alerting to your seizures, that does not suddenly make your dog a Service Dog. You must take those alerts mold them into something you want, such as teaching the dog to paw your leg or something whenever it starts alerting.
Businesses may ask if the dog is a Service Animal required because of a disability. They may then ask what the dog has been trained to do to assist you. They may not ask about your disability, they may not ask for a demonstration of tasks, and they may not ask for training certificates, ID, or proof of disability. If your dog is out of control, however, and you fail to take action to get him or her under control, the business has every right to ask you to remove the dog from the premises (they must still allow you without the dog). This includes but is not limited to barking (unless the dog is barking to alert to a medical condition), defecating or urinating, growling or behaving aggressively, harassing others, and damaging property. They may not ask you to leave if someone nearby is allergic or afraid of dogs. The other individual must be accommodated in another way. Each incident is handled on a case-by-case basis, so you are welcome to return another day and try again.
While there are a lot of different "certifications" out there that offer to certify your dog as a Service Dog, none of them are required in order for your dog to be a Service Dog, none of them will make your dog a Service Dog if you do not meet the two above qualifying factors, and none of them are officially recognized under ADA law.
The laws can get sticky with landlords, employers, schools, etc. so make sure you do your research before obtaining a Service Dog.
There are two major qualifiers of a Service Dog.
First; the handler must have a disability. If you do not have a disability you do not have the legal right to be accompanied by a Service Dog.
Second; the dog must be work or task trained to do something that aids with that aids and directly relates to that disability. If the dog does something on it's own, even if it is super helpful, without the actual training it does not qualify as a task. So if, for example, your dog starts alerting to your seizures, that does not suddenly make your dog a Service Dog. You must take those alerts mold them into something you want, such as teaching the dog to paw your leg or something whenever it starts alerting.
Businesses may ask if the dog is a Service Animal required because of a disability. They may then ask what the dog has been trained to do to assist you. They may not ask about your disability, they may not ask for a demonstration of tasks, and they may not ask for training certificates, ID, or proof of disability. If your dog is out of control, however, and you fail to take action to get him or her under control, the business has every right to ask you to remove the dog from the premises (they must still allow you without the dog). This includes but is not limited to barking (unless the dog is barking to alert to a medical condition), defecating or urinating, growling or behaving aggressively, harassing others, and damaging property. They may not ask you to leave if someone nearby is allergic or afraid of dogs. The other individual must be accommodated in another way. Each incident is handled on a case-by-case basis, so you are welcome to return another day and try again.
While there are a lot of different "certifications" out there that offer to certify your dog as a Service Dog, none of them are required in order for your dog to be a Service Dog, none of them will make your dog a Service Dog if you do not meet the two above qualifying factors, and none of them are officially recognized under ADA law.
The laws can get sticky with landlords, employers, schools, etc. so make sure you do your research before obtaining a Service Dog.
Therapy Dog
A Therapy Dog is a working dog trained to comfort the sick and infirm in hospitals, nursing homes, treatment centers, schools, etc. They are also used in programs that help children with speech and/or learning disabilities. Therapy Dogs are invited by businesses to work in their facilities on a case-by-case basis. Handlers do not have any legal right to have a Therapy Dog with them in public places, or in housing or employment situations - they must always be invited.
While certification is not required in order for your dog to be a Therapy Dog, most businesses will require your dog to have some sort of certification in order to allow your dog to work there. They have the right to require this if they wish and can even require a specific certification should they choose.
Other working dogs, such as Police Dogs, Rescue Dogs, and Military Dogs, follow similar restrictions. Police, Fire, and Military handlers may have these dogs with them in public places if the dogs are actively working. When off-duty, however, handlers do not have any legal right to bring these dogs into public places.
While certification is not required in order for your dog to be a Therapy Dog, most businesses will require your dog to have some sort of certification in order to allow your dog to work there. They have the right to require this if they wish and can even require a specific certification should they choose.
Other working dogs, such as Police Dogs, Rescue Dogs, and Military Dogs, follow similar restrictions. Police, Fire, and Military handlers may have these dogs with them in public places if the dogs are actively working. When off-duty, however, handlers do not have any legal right to bring these dogs into public places.
Emotional Support Animal
An Emotional Support Animal, or ESA, is an animal that soothes anxiety and depression or other mental health disability simply by his or her presence. You must be diagnosed by a mental health professional with a mental health disability that is recognized in the most current version of the DSM in order to qualify for an ESA.
An ESA is NOT a Service Animal. The individual does NOT have the right to have an ESA with him or her in public places.
Under the Fair Housing Act, an individual with an ESA has the right to keep this animal in the home regardless of a landlord's pet rules (landlords who own 4 rental properties/units or less are exempt form this), so long as the individual can provide proper documentation (a doctor's or mental health professionals note) confirming the disability and recommending the individual the use of an ESA. The landlord may not charge pet fees, but he or she may hold the individual responsible for any damages done by the ESA. .
As of January 7, 2021, ESA's are no longer allowed on planes.
While no specialty training is required in order for your dog to be an ESA, if the dog is a nuisance (barks uncontrollably, harasses other tenants, etc), is aggressive or a danger in any way, or is overly destructive (causes damage that you cannot afford to replace yourself) the landlord can require removal of the ESA from the premises.
Just as with Service Dogs there is no actual certification required in order for your dog to be and ESA and without a mental health disability there is no certification that can turn your dog into an ESA.
An ESA is NOT a Service Animal. The individual does NOT have the right to have an ESA with him or her in public places.
Under the Fair Housing Act, an individual with an ESA has the right to keep this animal in the home regardless of a landlord's pet rules (landlords who own 4 rental properties/units or less are exempt form this), so long as the individual can provide proper documentation (a doctor's or mental health professionals note) confirming the disability and recommending the individual the use of an ESA. The landlord may not charge pet fees, but he or she may hold the individual responsible for any damages done by the ESA. .
As of January 7, 2021, ESA's are no longer allowed on planes.
While no specialty training is required in order for your dog to be an ESA, if the dog is a nuisance (barks uncontrollably, harasses other tenants, etc), is aggressive or a danger in any way, or is overly destructive (causes damage that you cannot afford to replace yourself) the landlord can require removal of the ESA from the premises.
Just as with Service Dogs there is no actual certification required in order for your dog to be and ESA and without a mental health disability there is no certification that can turn your dog into an ESA.
Questions?
If you want to learn more, are interested in training your dog in one of these areas, and/or are interested in obtaining a Service Dog, I will be happy to answer your questions and help you find the resources you need.
Call the ADA helpline for information about public access, employment, and landlords with regard to Service Dogs.
Contact the Federal Housing Administration (FHA) for information about working dogs in housing situations.
Contact the Utah District Attorney's Office for specific information regarding Utah law and working dogs or to learn how to file a complaint against a business, landlord, or employer.
Contact the Federal Housing Administration (FHA) for information about working dogs in housing situations.
Contact the Utah District Attorney's Office for specific information regarding Utah law and working dogs or to learn how to file a complaint against a business, landlord, or employer.
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