Are Emotional Support Animals Allowed in Restaurants?

Emotional support animals have the important job of providing comfort to their owners. While ESAs are protected under certain laws, they have different rights than service animals when it comes to public places like restaurants.

Where are Emotional Support Animals Allowed?

Emotional support animals are allowed to live with their owners in public or private rental housing that may not typically allow pets. ESAs are also sometimes allowed to travel with their owners, as certain airlines will transport emotional support animals in the cabin.

The Fair Housing Act

The Fair Housing Act (FHA) exists to prevent discrimination against people seeking rental housing or housing assistance. It protects individuals from discrimination based on age, race, religion, gender, orientation, or disability. This includes protecting those who require a service animal or emotional support animal because of their disability or mental health condition. 

Difference Between an Emotional Support Animal and a Service Animal

There are two main differences between emotional support animals and service animals. The first difference has to do with training, and the second difference has to do with where each type of assistance animal is allowed to go.

When it comes to training, emotional support animals aren’t required to have any to support their owners. Service animals on the other hand must undergo individual training to do work or perform tasks that directly report their handler's disability.

When it comes to public access, legitimate service animals are allowed to go anywhere their handler goes. Emotional support animals don’t have public access protections but do have protection when it comes to housing.

Why Service Animals are Legally Allowed in Restaurants and ESAs Are Not

Service animals are allowed in restaurants because they’ve been certified to have undergone specialized training. This training is primarily focused on tasks that support their handler and their disability (or symptoms associated with it) but also includes public access training.

Since emotional support animals aren’t required to undergo any training to become assistance animals, they don’t have the right to access the public the same way that service animals do.

Where are Service Animals Allowed?

Service animals are allowed to accompany their handler anywhere the public is generally allowed to go. This includes government buildings, public transportation like trains and buses, businesses, and restaurants.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) was enacted in 1990 and is a civil rights law that protects individuals with disabilities when it comes to housing, employment access, education, and government services. It informs other laws that also serve to protect individuals with disability and others against discrimination, like the Fair Housing Act (FHA) and the Air Carrier Access Act.

The Air Carrier Access Act

The Air Carrier Access Act (ACAA) under the U.S. Department of Transportation was outlined in 1986 and makes it illegal for airlines to discriminate against passengers based on their disability. This includes people who require a service animal, and until 2020 it also included those who had emotional support animals. As of January 2021, the ACAA no longer requires airlines to transport emotional support animals in the cabin, though some airlines will still do so.

Can a Restaurant Ask for Proof of Service Dog?

There are no circumstances under which a business owner or staff member of a business may ask for proof of a service dog. The only questions they’re allowed to ask you are about the training your service dog has received, and which tasks they’ve been trained to do to support you. They aren’t allowed to ask about the nature or the severity of your disability.

Getting the Right Documentation for Your Emotional Support Animal

To protect your right to have your emotional support animal live with you in any housing, getting a legitimate emotional support animal letter is the best way. This is the only legal form of documentation that landlords must accept to make sure your pet is allowed to live with you in housing where pets might otherwise be restricted. An ESA letter also protects your right to have any animal designated as your ESA, be exempt from size or breed restrictions, and waive any pet fees or additional deposits. 

Pettable’s team of licensed mental health professionals can help you get your ESA letter through our smooth, seamless process. Book your initial consultation today and we’ll match you with a provider who’s licensed in your state and meets the requirements for writing you a legitimate ESA letter for housing, transportation, or a reasonable accommodation request.