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Legally reviewed by: No, emotional support animals (ESAs) do not have the legal right to enter public places that ban pets, such as stores, restaurants, or theaters. Only service dogs and psychiatric service dogs are protected under the Americans with Disabilities Act.
However, if you have an emotional support dog that you’ve trained to respond to symptoms of your mental health condition, your dog may already qualify as a psychiatric service dog! Many states have training requirements for certain assistance animals, so it’s important to understand the difference between an ESA and a PSD.
Are Psychiatric Service Dogs allowed in public places?
Yes! Unlike ESAs, psychiatric service dogs have public access rights under the ADA. That means they can accompany their handlers into:
- Airplane
- Restaurants
- Stores
- Hotels
- Parks
- Public Transportation (train, bus, taxi, subway, etc.)
- And other public places
Can my Emotional Support Animal already be a Psychiatric Service Dog?
Many states require assistance animals to have specific training to qualify for certain legal protections. For example, states like Delaware, Georgia, Kansas, and Maine have laws that address individually trained assistance animals. Other states expressly recognize ESAs that provide emotional support without specialized training.
If you’ve already trained your emotional support dog to respond to symptoms of your mental health condition, your dog may already qualify as a psychiatric service dog under the ADA. For example, a dog trained to interrupt panic attacks, provide deep pressure therapy during anxiety episodes, wake you from nightmares, or interrupt harmful behaviors may qualify as a PSD.
You don’t need a professional dog trainer or a special training certificate. You can train your dog yourself, including reinforcing natural behaviors so your dog learns to respond to your symptoms.
What if my ESA isn’t a dog?
If your ESA is a cat, rabbit, bird, or another animal that isn’t a dog, training it to perform psychiatric tasks does not turn it into a psychiatric service dog. Under the ADA, public access rights apply only to dogs, not other household animals. Your non- dog ESA can still have housing protections, but it does not gain the public access rights of a psychiatric service dog simply because it has been trained.
Where ESAs Are Allowed
Emotional support animals primarily have housing rights under the Fair Housing Act. Your landlord must allow your ESA, even in no-pet buildings. They can’t charge pet fees either. If you want to call your pet an ESA, you need a letter from a licensed therapist explaining why you need your animal for your mental health condition.
Rental units, HOAs, co-ops, mobile home parks, and university housing must accommodate emotional support animals. Check out our article on where you can take your emotional support animal for more details.
You might be wondering whether ESAs are allowed in common areas of a residential building, as these are shared with others. The answer is yes, your ESA can be in common areas, like the lobby and elevator.
At one point, ESAs had more access rights. Airlines used to allow ESAs to fly free in the cabin, but that practice ended in 2021. Now, airlines treat emotional support animals like regular pets, meaning they may incur cargo fees or face restrictions on travel. Only service dogs are allowed to fly in the passenger cabin of the plane. Check out our guide on how to fly with a dog if you need help with that.
Business Can Say Yes
Many store managers will allow well-behaved ESAs inside, even though they don’t have to. Coffee shops, bookstores, and some restaurants often say yes. Your success depends on your approach and your animal’s behavior. A calm dog on a leash gets better results than one that jumps or makes messes. Either way, it doesn’t hurt to ask!
Call ahead when you can. Ask about their pet policy before you show up, and keep your ESA clean and under control. Have your therapist’s letter ready. It’s not an entry ticket, but it shows you’re following the law.
If you can’t bring your emotional support animal, have a backup plan ready. Can you sit outside? Can someone watch your animal while you go in?
Your ESA doesn’t get automatic public access. But many places will accommodate you if you ask nicely and your animal behaves well.
How Can I Get an ESA or PSD Letter from ESA Doctors?
food service spaces can’t regulate whether or not ESAs are permitted, their local legislation determines whether or not they are. If an eatery or grocery permits them without supporting laws, they can have health code violations and even the termination of their operation licensing. please PLEASE clarify this.
Unfortunately in the U.S. emotional support animals only have housing rights. There is no law that gives them public access rights in spaces like restaurants or grocery stores.
I am very young I have ptsd depression high anxiety I can’t go anywhere I want to get my dog certified so I can take her in so I won’t have a panic attack but reading I guess that’s not possible but If I do we would go get her trained and certified but there’s not that many perks and waste of money bc she wouldn’t even be allowed in stores
If your dog is trained to perform tasks relating to a disability you may be able to qualify for a psychiatric service dog. PSDs are allowed in public areas. You can read more about PSDs here: https://esadoctors.com/psychiatric-service-dog-letter/
My fiance has an emotional support animal and we were in a mall just sitting there doing nothing and security just kicked us out of the mall even though the animal is registered and she has the documents to prove it
ESAs do not have the legal right to be in public areas like shopping malls.
I am a widow living alone and have the sweetest little Yorkie as my ESA. We go everywhere together. Whenever I need to stay in a hotel I always ask if ESA are allowed. Sometimes they allow her, sometimes they don’t. But I don’t get offended or upset if she’s not allowed—I just don’t stay there. Service animals provide a service, and I am lucky that I don’t need that service. But I don’t try to take my Sadie to restaurants or shopping with me. I have to respect the rules.
I am owner of a legit esa cat abiding in my condo which I own and where I live alone. I’m a breast cancer patient in active treatment, permanently disfigured by treatment regimens that have saved my life. Paperwork was provided to the HOA and he was “approved” two years ago. The HOA is extremely pet-unfriendly. I’ve had no problems until my last week when an anonymous neighbor allegedly reported my esa cat roaming the esa common area outside my door. They provided no photo evidence yet the hoa sent me a warning letter anyway. The only times my cat has left the safety of my condo is when he has darted out the door upon my coming and going from my unit. He is immediately retrieved and returned inside. My question, is the common area between my inside door and the outside entrance to the condos a restricted area for my cat to be, in my presence? How can that be? I have only have one door to my unit, the front door, there is no other exit. Help. I feel I am being shamed for having esa support animal. These type of petty grievances are being targeted to all of us esa owners in the HOA, not just me.
You should have a right to access that common area with your ESA.
I have an Emotional Support Animal. He is the sweetest dog in the whole world. I am so blessed to have him in my life. We got him registered and spoke to a counselor via phone and he got his registration cards, vest and collar today!!!! This is a great service to people like myself with mental illness.
That’s great to hear! We just want to note however a recommendation letter from a licensed professional is all you need for an ESA, you do not need a registration card, vest or collar.
ESA animals are a health and safety hazard. At my work place, a feel good dog bit a PC tech (my friend) in the face and sent him to the hospital.
The dog had received no special training. The owner just paid money in line to have him registered – anyone could do it.
Management was lenient because they were afraid of getting sued. Nothing happened to the owner except he paid for the doctor visit deductible.
I told my friend he should have sued. Fyi, this was a major government agency in Washington DC. People are taking advantage of the system with esa and its disgusting
We also disapprove of sites that instantly “register” pets as ESAs for payment. That is not a legitimate way to qualify an ESA. We act as a platform where clients can connect to actual licensed mental health professionals who make a determination of whether an ESA is suitable. In addition, ESAs generally do not have rights in the workplace (subject to certain exceptions in some states). ESAs are generally used to accompany owners in their homes and aboard flights. What happened to your friend is very unfortunate, but instances of dangerous episodes involving ESAs is very rare. It would be unfair and discriminatory to make things more difficult for the truly disabled who need their ESAS (which are generally well behaved) because of a small number of bad apples that have untrained ESAs or are faking their need for an ESA. Sadly, these rare instances of a pet or ESA misbehaving tend to overshadow the vast majority of instances where an ESA causes no harm or damage.
I am an administrator at a mental health agency and I have a client asking for an ES letter from our psychiatrist allowing her to bring her dog to work. I assume her work’s policy would dictate whether or not she can actually have the animal at work, regardless of whether or not she obtains an ES letter, correct?
Rules regarding assistance animals in the workplace vary state to state, but generally ESAs do not have an automatic right to be in the workplace. Employers however can be accommodating of ESAs even if they are not legally obligated to do so. As you point out, the outcome will depend on the employer’s policy regarding emotional support animals.
That is partially correct – the ADA covers service animals, not ESAs. ESAs have rights under the Fair Housing Act. The U.S. Department of Housing publishes guidelines on how landlords should accommodate emotional support animals.
If a blind person miraculously got an eye transplant and could see, that person would no longer require a serice dog. i think all this emotional support stuff with dogs — should be better regulated. people should have to have check-ups every few months. b/c i think a lot of them get letters even though they don’t have a problem. also there should be places that supply these dogs. blind people are handed their dogs. these needing emotional support dogs people — they shouldn’t go out and pick their designer dogs. they should also have to take classes in how to walk their dog (NEXT to them), how to take care of them, how NOT to bother other people with them (imposing on everyone) etc. there should be regulations. they should see psychiatrists and see if medication might help them. maybe all of them don’t need dogs. anyhow need to brainstorm around all this.
One popular misconception about emotional support animals is that they are unregulated. There are actually specific federal laws (the Air Carrier Access Act and the Fair Housing Act) as well as guidance from government agencies that recognize the importance of ESAs and governs the usage of ESAs on flights and in homes. Here are some articles with additional information:
https://esadoctors.com/fair-housing-act-emotional-support-animals/
https://esadoctors.com/air-carrier-access-act-emotional-support-animals/
We fully support obtaining ESAs only through legitimate means – through qualified licensed mental health professionals. We should also take care in any discussion to not stigmatize those that have a valid need for an ESA by perpetuating the unsubstantiated myth that there is a significant problem of people “faking” ESAs.
Dogs do not have constitutional rights. When we are in places that do not permit dogs, please have the emotional sensitivity that other people do not wish to have other people’s pets surrounding them. People have constitutional rights.
ESA handlers have the right under federal law to be accompanied by their emotional support animal in their home and on flights. This allows the disabled to be able to live in their home and travel just the same as the non-disabled. Emotional support animals do not have access to all public places.