ESAs are only protected by the Fair Housing Act and and loosely the Equal Employment Opportunity Commission. Which means they aren't covered by any Public Access Rights and are not permitted to enter any non-pet-friendly establishment such as grocery stores, restaurants, etc. ESAs are not considered Service Animals and so are not covered under the same umbrella laws. This is due to the fact that ESAs are not required to have professional training (unlike Service Animals). Legally, it's up to the individual establishment on whether they allow ESAs. So it's best to call ahead and ask an establishment if you are allowed to bring your ESA before making the trip. Even after you arrive, the establishment is still allowed to ask your ESA to leave without cause.
There are two questions you are allowed to ask any person with an animal that walks into your establishment:
(1) is the dog a service animal required because of a disability,
(2) what work or task has the dog been trained to perform.
If the owner states their animal is an Emotional Support Animal, then they can be asked to leave without cause. If they state their animal is a Service Animal, you legally cannot ask them to leave unless their animal openly violates general public access guidelines (unless the violation is directly associated with a Task they preform). Tip: ESAs are not species restricted. However, Service Animals can only be dogs or miniature horses.
The only documentation recognized officially is a ESA prescription letter from a licensed medical professional. All other documents can be discarded as fakes. The most common fake document is an ID card with registration number. There is no officially recognized ESA registry or database.
It's completely up to the individual business to decide whether they allow ESAs. If you do decide to allow ESAs, they are expected to be kept under control at all times and they are not to create a nuisance to those around them.
For specifics, here are general Public Access guidelines that should be expected of any animal that is in a public, non-pet-friendly, space:
They should not show aggressive behaviors towards people or other animals when in public.
They should not solicit food or petting from other people.
They should walk calmly on a leash and stay focused on the handler.
They should not urinate or defecate indoors.
They should not sniff merchandise or people or intrude into other people’s space.
They should not vocalize or bark in public places.
Even if an ESA follows all these Public Access Guidelines, they are still not protected under any Public Access laws (unlike Service Animals); and thus can still be asked to leave without cause.
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