There is a distinct difference between a service animal and a comfort animal or an emotional support animal. An "emotional support animal" is a dog or other animal that has not been trained to perform specific tasks that assist with a person's disability. Rather the person feels a sense of well-being or reassurance from the animal's presence. An emotional support animal is not necessarily a dog but could be.

In California, there is not a specific definition for a "psychiatric service dog," but a dog that is specifically trained to assist a person with a mental disability with certain requirements is considered a service dog. A person that has such a dog is accorded the same rights under the law as someone with a physical disability that uses a service dog.

An example of work or tasks that a service dog could be trained to do for an individual with a mental disability would be waking someone with clinical depression and coaxing them out of bed at a specified time in the morning.

Lodging operators are not required to accommodate comfort animals, but they are required to accommodate service animals who assist an individual with a mental disability with specific tasks.

There may seem to be a gray area in the implementation of the ADA laws. Understanding the intention of the law to create inclusion and understanding who it applies to can aid lodging operators in creating a common sense approach to compliance and hospitality.

Article provided courtesy of the California Lodging Industry Association

Information sources for this article: John Miller Intake and Investigation Department of Fair Employment and Housing State of California | State and Consumer Services Agency Direct Telephone: (510) 789-1042 | Fax: (888) 519-5917 | TTY: (800) 700-2320 Email: [email protected] www.dfeh.ca.gov

http://www.nbcbayarea.com/investigations/Frustrated-by-Fake-Service-Dogs-208233211.html

http://www.nolo.com/legal-encyclopedia/california-laws-psychiatric-service-dogs-emotional-support-animals-public-places.html

http://www.nolo.com/legal-encyclopedia/psychiatric-service-dogs-emotional-support-animals-access-public-places-settings.html