6.1 General Principles

Animals have an important role in the lives of individuals with disabilities, whether the animal is a service animal or an emotional support/comfort animal. The way an animal is categorized informs what role the animal plays for the individual. It is important to know the difference between the categories of animals because different rules apply to their ability to present in court.

Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual’s disability. It does not matter if a person has a note from a doctor that states that the person has a disability and needs to have the animal for emotional support. A doctor’s letter does not turn an animal into a service animal.

It is also important to note that there are limitations to animals being permitted in public spaces, even if they are service animals under the ADA. If the animal is not well-behaved and responsive to commands or if the animal is not housebroken, the animal may not be permitted to remain in the public space. For these reasons, it is even more important for the individual to be clear about what the animal does and whether it is actually a service animal. If an animal’s actions threaten the health and safety of other people, it may also be asked to leave. However, allergies or fear of dogs are insufficient reasons to have a service animal removed. If an individual has an allergy to dogs and it is necessary for that individual to be in a space with the service animal, both people should be accommodated by assigning them to different areas where it may be possible to have enough separation that they are both permitted access.