Understanding the Difference: Service Animals vs. Emotional Support Animals in American Fork and Beyond

Service and emotional support animals are increasingly common sights in Utah County, from grocery stores to waiting rooms. This growing presence sparks important conversations about disability, mental health, and the rights of individuals who rely on these animals. However, it also leads to significant confusion regarding the legal distinctions between service animals and emotional support animals (ESAs), and the rights and responsibilities associated with each.

The Real-World Impact of Confusion

This confusion isn’t just a matter of semantics; it has real consequences. Individuals who legitimately rely on service animals can be unfairly stopped, questioned, or delayed in places where they are legally entitled to be. Business owners struggle to enforce rules without inadvertently violating the law. And, crucially, untrained pets being misrepresented as service animals can disrupt the lives of those who depend on well-trained animals for essential support.

Key Distinction: Service Animals vs. Emotional Support Animals

The core difference lies in the legal definition and the tasks the animal performs. Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or, in some cases, a miniature horse) that has been individually trained to perform specific tasks for a person with a disability. A disability, as defined by the ADA, is a physical or mental impairment that substantially limits one or more major life activities.

• Task-Specific Training is Crucial: The tasks performed by the animal must be directly related to the person’s disability. Examples include guiding individuals who are blind, alerting those who are deaf, retrieving dropped items, providing balance assistance, or responding to medical conditions like seizures or fluctuations in blood sugar.
• Emotional Support is Not Enough: Animals that solely provide comfort or emotional support, without specific task training, are not considered service animals under the ADA.

The ADA outlines where service animals are permitted, including restaurants, grocery stores, retail shops, government buildings, and many medical offices. ESAs, however, do not have the same public access rights.

Debunking Myths: Certification and Identification

A common misconception is that service animals must be “certified.” This is false. There is no federal certification, official paperwork, or required vest for service animals. While handlers may choose to use gear to avoid repeated questioning, it is not legally mandated.

What Businesses Can (and Can’t) Ask

Businesses have legal limitations on the questions they can ask about a service animal. If it’s not immediately obvious that an animal is a service animal, employees are limited to two questions:

1. Is the animal required because of a disability?
2. What work or task has the animal been trained to perform?

Under ADA regulations, employees cannot ask about the nature of the disability, request medical documentation, demand proof of training, or require a demonstration of the animal’s tasks.

Responsibilities of Service Animal Handlers

Service animals are still expected to adhere to basic behavioral standards. They must be under control and housebroken. If an animal is disruptive and the handler doesn’t correct the behavior, a business can request that the animal be removed. Even in this situation, the business must continue to provide service to the person without the animal.

Emotional Support Animals: Limited Legal Protections

ESAs may qualify for housing accommodations under fair housing laws, even in buildings with “no-pet” policies. However, they do not have the same public access rights as service animals.

Utah Law and Misrepresentation

Utah law specifically addresses the misrepresentation of animals as service animals or ESAs. It is a criminal offense to knowingly falsely claim an animal is legally recognized when it is not. This law aims to protect individuals with disabilities from having their access undermined by fraudulent claims.

Respectful Interactions: Public Behavior Matters

Remember, service animals are working animals, not pets. Avoid touching, calling to, photographing, or distracting a service animal, as this can interfere with their tasks or delay critical medical alerts. Respect the handler’s privacy and refrain from asking personal questions about their disability.

Resources for More Information

As Utah County continues to grow, understanding and respecting the differences between service animals and ESAs is crucial for creating inclusive and welcoming public spaces. For more information, visit the ADA website.