Questions about ESA -Emotional support Animals (dog)?

The handler of an ESA does not have any rights to public access with the animal. The only protections that the handler of an ESA have are in certain housing situations and in air travel. Other than that, all pet rules apply.

A "note" from your doctor cannot magically transform your pet into either an ESA or a legitimate service animal. Your doctor cannot override either case law or civil/criminal legal statutes. You must first meet the legal definition of "disabled" before you can even begin the process of obtaining either an ESA or a legitimate service dog. Only a judge in a court of law can make the legal determination of "disabled" as set forth under the law.

Even if you can meet the legal definition of "disabled", you still cannot take an ESA in the public venue because they are still pets. No bus, no mall, no school, no elevator, no stores. Only in your home under certain conditions and on common carrier aircraft with the proper documentation. That's it and that's all.

A doctor's note cannot overide federal law that specifically states non task trained ESA's are not covered for public access right. But your state might have public access laws allowing ESA's . So you have to find out what your state's service dog laws are and if they also cover emotional support pets. If the town bus is willing to let you have access that is great!

But for business access regarding food establishments, if your state law does not allow access for ESA's then you are out of luck.

If you are disabled under the ADA guidelines you might do better finding a truly trained psychiatric service dog who can actively help you with your disability instead. Or find a trainer who can help you get a dog trained to the level you need to meet the federal guidelines. .

with the exception of the fair housing act, businesses will still have the right to tell you to remove your dog from the premises. No your doctor can't override anything. The dog would not be a service dog under the law so someone could still legally ask you to leave if they wished.

If the shopping malls does not already allow dogs inside then you are SOL. Its not fair but its the way the definition is written. You can take your dog anyplace that obviously dog friendly, some airlines such as Jetblue and any business you have spoken with ahead of time, don't expect the mall to ok it though.

It is important to note that having a diagnosis of a mental illness, by itself, is not sufficient to qualify a person for an ESA unless that illness is so severe it disables them. Only a judge can truly determine whether a person is legally disabled. However, a doctor can probably make a medical determination of a person's disability and on that basis prescribe an ESA. To qualify as disabled under federal disability rights laws, a person must experience substantial limitations on one or more major life activities because of their mental illness.

I thought the whole idea of having a emotional support animals (dogs) was that you can go anywhere with them. Now I'm reading that anywhere I go with my ESA I can be asked to leave! don't I have any rights where I can go with my ESA?

Not sure if I understand- if you got an ESA, would you in fact go out? Yes the dog can help in many ways, even sensing when you are about to have a panic attack. You need a dr's dx and then need to get interviewed and approved by the agency who you would get the dog from.

I may get TD's for this, but if you still won't go out with the dog daily, then I don't think it's really fair. I know a woman with a service dog for physical and emotional problems and she takes him out every day, it benefits them both.

Border collies are not the "standard" for psychiatric service dogs, because they are a breed that thinks for themselves and makes their own decisions and are probably more sensitive to negative emotions. However my friend's last service dog was part BC and part GSD.

ADD: not about dogs but...why doesn't your therapist go with you on a bus?

As Yoda said "There is no try. Only DO!" (I am dorky star wars fan) The dog would need to go out every day.

A therapist can help you immensely..I think that should be tried before you experiment with a psych service dog IMHO. A T can work with you on the dog later. Because I've seen your q before about PSD..more than a month ago and more than once. I wish you help, but I stick by my belief that it would not be fair to a dog. Push yourself to get better, get a therapist. But you are this unmotivated to even learn about PSDs in over a months time, I really doubt you'll properly stimulate the dog mentally or physically, and even service dogs need to be.

A doctor is not God. He does not get to over-ride the regulations of a bus company or declare a dog a service dog when it isn't. He isn't qualified to practice law. He needs to call the US Department of Justice's ADA information line 1 - 800 - 514 - 0301 before encouraging you to break the law.

They have been exceedingly clear on the point of ESAs.

"Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals." US Department of Justice

Michigan does not have public access rights for owners of ESAs. In fact, they don't even recognize psychiatric service dogs. http://www.servicedogcentral.org/content/node/22

ESAs are pets that are allowed in no pet housing and on planes with proper documentation and their disabled handler.

ESAs are otherwise not allowed in non pet friendly public places and NO, your doctor can not over ride federal law.

ETA: It doesn't matter if the state of Michigan recognized PSDs or not because the ADA does. I've given her a list of programs in her area and am going to support her through this process.

sadly for me, because my companion cat is unsafe in our apartment due to predatory Maintenance: when she becomes a registered, certified ESA is it true that she still canNOT go into the YMCA? i was told we had to leave the 25 yd australian crawl lap pool area in the Y because she is an animal (although quietly in her carry case at the end of my lane). thank you, i hope you answer my question; from sandymerkelsandra@yahoo.com Sandy in Winooski ,Vemront