What is an ESA and why is education important

The law defines an emotional support animal as "an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person's disability."

An Emotional Support Animal is an animal that provides a therapeutic presence to a person whom struggles with mental health or psychiatric disabilities. An ESA is not considered a Service Animal and thus is not protected under the same laws. However, it is not considered a pet either. ESAs can be any animal but dogs and cats are most common. The only requirements is a doctor's letter of prescription from a licensed medical professional and an animal that is manageable and doesn't create a nuisance. The only law that officially covers an ESA is the Fair Housing Act. Although the Equal Employment Opportunity Commission has sided with ESAs in some court cases before.

With an explosion of fake ESAs and Service Animals, the integrity and reputation of both are in jeopardy. For people who do have genuine disabilities, the situation is becoming dire. Not only can fake ESAs distract or attack working Service Animals, but service-providers and employees who have been inconvenienced by bad behavior from fakes often are discouraged from accommodating all animals thereafter.

For example, those taking advantage of lax laws in the past for ESAs has caused their previous rights on planes to be overturned: "The year 2021 started with major news for ESA owners: as of January 11, 2021, the U.S. Department of Transportation (DOT) no longer requires airlines to accommodate emotional support animals. In the years prior to this rule change, all airlines were required by law to accommodate owners of ESAs with proper documentation from a licensed mental health professional."

It's important for both owners and employees to understand the difference between these animals and what to do in certain situations.

If you come across what you believe to be a fraudulent ESA website, I found this website you can report them to: ReportFraud.ftc.gov

If you meet someone you believe to be impersonating a Service Animal, remind them that it can be a criminal offense. Learn more about specific state charges here.