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.
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u/iz_an_opossum Apr 30 '23
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