Our Board Minutes and Agenda | James Cerebral Palsy Foundation

Service Animals, Emotional Support Animals (ESA) and Comfort Animals

There have been several times where our founder and CEO has been in the community and has had conversations with the public about the differences between Service Animals Vs. Emotional Support Animals (ESA) and Comfort Animals and decided to put this information together to help people and businesses understand the differences.

What Is A Service Animal And What Tasks Can It Perform

First let me start by saying that the Americans With Disabilities Act recognizes 2 different types of Animals as service animals. The primary animal that everyone in the community knows about is Dogs, but a number of years ago the Americans With Disabilities Act was forced by a court approved settlement to make a provision to the law for miniature ponies.

A service Animal is trained to provide a certain task or tasks. Tasks can include, but is not limited to.

Alerting To Seizures: A service animal can alert their owner when a seizure is coming, and may be able to activate an alert system or help the person recover.
Psychiatric Support: A service animal can sense when their owner is about to experience negative symptoms, such as an anxiety attack.
Medication Reminders: A service animal can remind their owner to take their medication.
Mobility Assistance: A service animal can help people with mobility issues. A mobility service animal can retrieve items for their owner such as keys, turn on/off lights, open doors and even help the owner get off the ground if they fall.
Alerting To Allergies: A service animal can alert their owner to the presence of deadly allergies in foods.
Alerting To Changes In Blood Pressure: A service animal can alert their owner to changes in their blood pressure.
Alerting To Diabetic Attacks: A service animal can alert their owner about a diabetic attack before their owner encounters the attack.
Alerting To Oncoming Panic Attacks: A service animal can alert their owner to an oncoming panic attack.

Seeing Eye Dog: A service animal that helps those who are blind by being the eyes for its handler.

Are ESA Animals Covered Under The Americans With Disabilities Act

The Americans with Disabilities Act generally does not deem Emotional Support as a legitimate service, but it is on a case by case basis.There are times when Emotional support is covered under the Americans With Disabilities Act. An example is if a Veteran has fought in combat and has come back suffering from Post Traumatic Stress Disorder (PTSD) and the service animal can be trained to assist in limiting their PTSD attacks by providing Emotional Support. As I said though this is on a case by case basis.

Are Comfort Animals Covered Under The Americans With Disabilities Act

A Comfort Animal under any circumstances is not covered under the Americans With Disabilities Act, but might be covered under the State you reside in. In most states its not covered. I highly suggest you check with the state you reside in to see what their laws and regulations are.

Can A Business Ask For Service Animal Proof of Identification

No, A Business Such as a restaurant, public transit ETC cannot ask for Proof of Identification such as paperwork or ID. The Americans With Disabilities Act views this as interference in the persons disability. The only questions a business is allowed to ask are.

Is The Animal A Service Animal?

What Type of Service Does The Animal Provide?

The business is not allowed to ask that you have the animal perform the task either. If the person answers “YES” to both of those questions the business is required under the Americans With Disabilities Act law to drop the conversation and let the person with the service animal into the business. Our Founder and CEO recommends that businesses only ask one of the 2 questions, but the business is not breaking the law by asking both questions and requiring the person answer both questions. The business can refuse service if the person refuses to answer both questions. A business can require the person with the service animal to leave their establishment if the dog becomes aggressive.

Can A Business Refuse My Service Animal

Generally No, but there are a few exceptions. Religious Organizations such as Churches, Synagogues, Mosques ETC are allowed to deny a service animal under the Americans With Disabilities Act. I have not gotten a straight answer from anyone as to why, not even from the Americans With Disabilities Act. Hospitals are temporarily allowed to deny a service animal if you are having a surgery. There is no need for your service animal to be in the operating room if you are under the knife. If you have additional questions about service animals you can visit the Americans With Disabilities Act website by Clicking Here.

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