Here are some quotes from US Department of Justice (DOJ) officials on the subject of emotional support animals vs service animals. Note that the DOJ is the federal agency responsible for enforcing title III of the ADA (which is what gives public access rights to persons using service animals).
"The way we look at it is what the regulation says is that a service animal is an animal that's trained to provide services for a person. So something that is just a pet is not, and we try to be broad, because there could be a whole range of services that an animal can be trained to provide, but it has to be trained to do it and it has to be doing services. Because there has been a great deal of misunderstanding and we are told by a number of guide dog users around the country of abuses that are occurring and a backlash that's happening to people with service animals because of it. When we do the regulations that I'm talking about in the fall, we're going to ask questions about this issue and be specific about this. Should emotional support animals be covered by the ADA? Should they be required to be in restaurants? Should they be required to be in public transportation? In our view, they're not covered now unless they are providing a service to the person."
John Wodatch, Chief, Disability Rights Section, Office of Civil Rights, U.S. Department of Justice (from July 17, 2001 conference)
"An emotional support animal is not going to be a service animal under the ADA unless it does meet the [task] training requirement."
Phillip L. Breen, Special Legal Counsel, Disability Rights Section, Office of Civil Rights, U.S. Department of Justice (from April 16, 2002 conference)
"Generally speaking, if we're talking about therapy, comfort, emotional support animals -- and I think those typically are used interchangeably. Those are not going to be service animals under the ADA because they haven't been trained to -- remember that three-part -- that definition, they haven't been trained to do work or perform a task for the benefit of an individual with a disability. Typically, comfort, emotional support animals by their very presence certainly performs a valuable service, but it's an innate ability. It's their mere presence. It doesn't reach the level of having been trained to do work or perform tasks."
Sally Conway, Disability Rights Section, Office of Civil Rights, U.S. Department of Justice (from April 29, 2004 conference)
My dog was initially called an ESA prior to the law clarification, post clarification he was relabeled as a PSA and my second dog (trained when a relapse occurred and my previous dog was no longer an appropriate option) continues to muddy the line of retired and a back up plan should **** hit the fan.
"The way we look at it is what the regulation says is that a service animal is an animal that's trained to provide services for a person. So something that is just a pet is not, and we try to be broad, because there could be a whole range of services that an animal can be trained to provide, but it has to be trained to do it and it has to be doing services. Because there has been a great deal of misunderstanding and we are told by a number of guide dog users around the country of abuses that are occurring and a backlash that's happening to people with service animals because of it. When we do the regulations that I'm talking about in the fall, we're going to ask questions about this issue and be specific about this. Should emotional support animals be covered by the ADA? Should they be required to be in restaurants? Should they be required to be in public transportation? In our view, they're not covered now unless they are providing a service to the person."
John Wodatch, Chief, Disability Rights Section, Office of Civil Rights, U.S. Department of Justice (from July 17, 2001 conference)
"An emotional support animal is not going to be a service animal under the ADA unless it does meet the [task] training requirement."
Phillip L. Breen, Special Legal Counsel, Disability Rights Section, Office of Civil Rights, U.S. Department of Justice (from April 16, 2002 conference)
"Generally speaking, if we're talking about therapy, comfort, emotional support animals -- and I think those typically are used interchangeably. Those are not going to be service animals under the ADA because they haven't been trained to -- remember that three-part -- that definition, they haven't been trained to do work or perform a task for the benefit of an individual with a disability. Typically, comfort, emotional support animals by their very presence certainly performs a valuable service, but it's an innate ability. It's their mere presence. It doesn't reach the level of having been trained to do work or perform tasks."
Sally Conway, Disability Rights Section, Office of Civil Rights, U.S. Department of Justice (from April 29, 2004 conference)
My dog was initially called an ESA prior to the law clarification, post clarification he was relabeled as a PSA and my second dog (trained when a relapse occurred and my previous dog was no longer an appropriate option) continues to muddy the line of retired and a back up plan should **** hit the fan.