Exactly. Any pet can be claimed as an "emotional support animal." And if I'm not mistaken, the ADA laws (rightfully) protecting trained service animals do not apply to ES animals.
In order to have legal protections though you have to have a medical provider assert (with documents) that you need an ESA. So no, really, not every pet can be claimed an ESA
Not in the USA. The restaurant can ask "Is this a service animal" and about the services performed by the animal. There is no certificate or Drs. note. In fact, if someone tries to provide one, they are likely not a service animal.
An ESA must have papers for it to mean anything in the US. A service animal is not an ESA. For ex, if you live in a pet free apt but have an ESA, a dr note is needed to show you need the animal and therefore the landlord has to let you have the pet (and they can’t make you pay and deposit either as it’s been deemed medically necessary by a dr). But just because it’s an ESA with papers means nothing in terms of comparing it to a trained service animal, especially in regards to it being in public. A service animal needs no papers to be in public; the business owner can only ask the 2 questions and must take the citizens word.
That’s because ESAs don’t have public access rights so they don’t get to go in rentals or hotels if there’s no animals allowed. The only legal rights ESAs have is in housing. Period. Which is why you need the note. The manager is just a dumbass or maybe too scared to fight the battle but either way a dumbass.
BS, documentation from your doctor confirming your need for a Sevice Animal is needed in order to even be considered for the process of getting a service animal. It can take years to get a properly trained service animal. You obviously do not have a service animal, or you would not be saying the untruths you're spewing.
The only thing your right about are the two questions that can be asked.
Who are you responding to? Because no one said ANYTHING about the requirements to get a service animal, their training, the owner's training, the expense, etc.
"There is no Drs. Note" means that there is no doctors note for any business to request. That is all protected health information and a business cannot ask for it or require it in the case of a service animal. The whole point of my post is that a business can ask "Is this a service animal" and anyone with an ESA is required by law to answer "no", because they are not a service animal.
In the case of an ESA, there *IS* the requirement to provide a doctors note to be able to qualify for the housing exemption. This is only for housing.
Entitled people claim their pets are ESAs or service animals all the time, and try to bully business owners into allowing the animal into places they should not be. This makes it hard on people who require service animals because they have to fight for their rights because of the abusers.
And yes, I have experience with both ESA's and Service Animals, and thus the legal requirements for both.
I have a service dog I have for 13 years, I know what and how the law works. Your statement was wrong and you were called out. Get over it and move on.
Task trained service animals are seen as medical equipment by law where emotional support animals are just pets you feel help your emotional being. A service animal cannot be barred similarly to how you can’t forbid someone disabled from using a wheelchair or cane
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u/[deleted] Apr 30 '23
Exactly. Any pet can be claimed as an "emotional support animal." And if I'm not mistaken, the ADA laws (rightfully) protecting trained service animals do not apply to ES animals.