this post was submitted on 30 Sep 2023
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I'm curious: are there any legal definitions for what an ESA is and isn't allowed? Here in Germany, "Emotional Support Animals" aren't really a thing. Trained, certified Service Animals are something different, and those do have certain protected rights, like that you can enter a shop or restaurant with your Service Dog and the owner of the respective facility isn't allowed to deny you entrance. But AFAIK there is no legal definition in Germany protecting ESA's in a similar way, so if you would try to drag an emotional support warthog or whatever into a place that doesn't allow animals, the owner and/or employees would have every right in the world to kick you out.
Here in the United States, an ESA is a separate classification, distinct from a Service Animal or pet. You go to your psychiatrist with a mental or emotional problem, such as PTSD, and one of the things they may do is give you ESA documentation. Essentially, they prescribe you a cat or whatever.
ESAs usually are not restricted by species or breed, nor do they require any specific training, but the ADA (Americans with Disabilities Act) doesn't have the same protections for them as for Service Animals. Businesses do not have to allow them access, for example, no matter how loudly Karen shouts. In practice, though, business owners really don't want to fuck with the ADA, so they'd rather let fake ESAs in than risk getting in trouble over a proper Service Animal.
Yep this is correct. I would add that business owners actually have a right to ask legitimate service animals to leave it they're causing a disruption (like barking during a movie) or a health hazard (like pissing on the floor).