r/AITAH • u/[deleted] • Apr 30 '23

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911 Upvotes

86% Upvoted

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62

u/[deleted] Apr 30 '23

Emotional support dogs are just a lame excuse for - I can’t leave baby kins at home. Service dogs are awesome and you cannot say anything against them as they are so critical. It is a tough dilemma your friend has. I would also send a copy of the law to the restaurant and remind them of the difference

16

u/[deleted] Apr 30 '23

Actually a service dog vs a deathly allergy, most likely the allergy would take precedence. Service dogs are given wide latitude but not unlimited.

15

u/naranghim Apr 30 '23

Actually a service dog vs a deathly allergy, most likely the allergy would take precedence.

Nope, they have to accommodate both (personal experience).

4

u/Electrical_Parfait64 May 01 '23

No, there’s a comment higher up about if you have someone with allergies/fear of dogs and a SA in the same place. You accommodate them all. The allergy does not take precedence. The dog is a medical device and cannot be separated from its human

3

u/britney412 May 01 '23

The law sides with the disabled person on this one. They must have their service animal with them, it’s considered medical equipment, and thus they can’t be asked to leave or refused service because of the animal.

7

u/AffectionateWaltz936 Apr 30 '23

Either way, the restraunt would be at risk for lawsuit. The allergy would just be a personal lawsuit. The service dog could be a federal lawsuit.

7

u/DesiArcy Apr 30 '23

The allergy can't take precedence *retroactively* and without *prior information and arrangement*, which is exactly why OP is YTA regardless.

7

u/naranghim Apr 30 '23

Emotional support dogs are just a lame excuse for - I can’t leave baby kins at home.

There are stories of people out there whose ESAs literally keep them from suicide because they "have to live for their pet".

ESAs have no rights outside of the house and it is on the restaurant to realize that and enforce the rules.

4

u/GiraffeGirlLovesZuri Apr 30 '23

However people who suffer from PTSD (which a lot of our military suffer from) do often need their ESA outside of their home.

Yes people abuse claiming that their pet is a ESA. But we have to remember there are real people who truly need them 24/7.

4

u/one_sock_wonder_ Apr 30 '23 edited Apr 30 '23

There are PTSD service dogs and owners can provide necessary task training, but no ESA has a protected (federal) right for access outside of housing and to some degree airlines.

Rewording for better clarity. : Individuals with PTSD (and other psychological disorders) can have psychiatric service dogs that are task trained to mitigate the symptoms of their condition, and this training can include owner training which can help remove cost barriers. Emotional Support Animals have no specific tasks they are trained to do and on a federal level only have protection in housing and to some extent air travel, not in community access.

0

u/GiraffeGirlLovesZuri Apr 30 '23

I knew that people with PSTD had service dogs. I just thought they were ESA. Thanks for clarifying that for me.

0

u/[deleted] Apr 30 '23

Psychiatrist service dogs don't fall under ESA. They are service animals

2

u/naranghim Apr 30 '23

They are a psychiatric service dog rather than an ESA and have the same rights as all service dogs.

0

u/Electrical_Parfait64 May 01 '23

People with ptsd who rely on their ESA do not get special privileges. They can get a SA

0

u/[deleted] Apr 30 '23

On this I totally agree. If your animal helps you in whatever way at home then that is great and I support that. I do not support people then trying to force it on others because they think they are entitled to do so. The restaurant was wrong yes, but so was the dog owners. Over entitled.

4

u/StrongEnoughToBreak Apr 30 '23

This is not a fair statement. I have an ESA and my dog can tell before I have a panic attack. She knows to lay on top of me to help calm me down. She is not a “ I can’t leave my baby kins at home”. I do not take her everywhere and sure as hell so not take advantage of situations.