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Outside Article Service animals and emotional support animals: what’s the difference?

I am not one who gets on Instagram often, but one day close to the beginning of this semester, I was told I had to check out a new Asbury-related page for anonymous confessions.

On this page, I found a post that was presumably sent in from an Asbury student stating that they could not believe that all of the dogs on campus were service dogs but instead, they thought that some were fake. This hit home for me as I use a service dog daily to navigate campus safely.

This one Instagram post sparked a lot of talk and debate on campus, and it played into a larger conversation that was ongoing at the time: What makes a service dog a service dog? And what is the difference between a service dog and an emotional support animal (ESA)?

First and foremost, I want to make it clear that both of these animals are valid and important for their own contexts. These animals help their owners in some capacity, and while there are some significant and fundamental differences, I cannot overstate how deeply both are needed. Both also need to be respected, and a way to show respect is by following the laws and guidelines set up by Asbury and the federal government.

Service dogs are dogs that perform a task for a person with a disability. Service dogs are covered by the Americans with Disabilities Act. They are considered medical equipment, equivalent to a wheelchair or an oxygen tank. There are only two places service dogs can be denied access: a kitchen where food is prepared for the public and an operating room in the hospital. Otherwise, service dogs are allowed to be with their handler at all times and in all public spaces.

Businesses are allowed to ask a handler two questions. 1.) Is this a service dog trained to perform a specific task that aids a person with a disability? And 2.) What is the nature of the task the dog performs? Once the handler has answered both questions, federal law requires the business to allow them to enter into the business without any discrimination.

Lastly, distracting a service dog from performing its task is illegal, and the person who did so can be held responsible if anything happens to the handler.

ESAs fall under a completely different law.

ESAs are covered by the Fair Housing Act, which means people cannot be denied housing if they have a pet prescribed to them by a medical professional for medical comfort. If the pet has not been prescribed by a medical professional, then it is just a pet and not an ESA and can be denied housing, or the owner can be charged extra.

Asbury has explicitly set guidelines for those with ESAs, including a doctor's recommendation. ESAs are not allowed outside their dorm room unless it is a dog and needs to relieve outside.

Otherwise, since the law that protects ESAs is a housing law, ESAs must stay in their owner's dorm room at Asbury. Not in the hall, not in common dorm spaces, and definitely not in other buildings on Asbury's campus.

As a service dog user, I cannot stress how important it is for everyone to follow the rules and laws I have outlined above. These rules are here for a reason: to keep people safe.

My service dog is fantastic and has gotten considerably better about ignoring other animals while working. Still, she is fallible, especially when another dog is somewhere they are not supposed to be. And honestly, who wouldn't be? If I were trying to focus on a task but had someone screaming at me, I would have difficulty ignoring them.

Back when the Stuce was open, someone brought their ESA into the building, and the dog lunged at my service dog. Luckily, the handler got their dog back under control, and they ended up leaving the building, but what they did at that moment was actively illegal. They threatened the safety of my dog and myself by bringing her ESA somewhere it did not belong.

If you have an ESA, I beg you to follow the rules and the laws. Your animal is important, but so is mine, and the more you break the rules that are here to protect everyone's safety, the more likely someone with a disability will be the one who pays the price. I also encourage anyone curious about service dogs and ESAs to talk to Victoria Slocum in Academic Accessibly, or to reach out to the Visible and Invisible Disabilities Alliance (VIDA).

 

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