Understanding the Difference Between Service Dogs, Emotional Support Animals, and Therapy Dogs

Animals bring comfort, connection, and support to our lives in countless ways. But when it comes to service dogs, emotional support animals (ESAs), and therapy dogs the differences can be confusing. Whether you’re a landlord, an employer, or someone who relies on animal assistance yourself, understanding these distinctions is essential.

At Evolved Law, we often work with clients navigating these issues, from housing and workplace disputes to questions about access rights or discrimination. Here’s what you need to know about how the law defines and protects each type of animal.

1. Service Dogs: Trained to Perform Specific Tasks

A service dog is specially trained to perform one or more tasks directly related to a person’s disability. These tasks go beyond companionship. They are specific, purposeful actions that actively mitigate a disability’s impact.

Examples of Service Dog Tasks

• Guiding a person who is blind or has low vision
• Alerting someone who is deaf or hard of hearing to sounds
• Pulling a wheelchair or providing balance assistance
• Detecting changes in blood sugar or alerting to seizures
• Interrupting self-harming behavior in individuals with PTSD or autism

Legal Protections

Under the  Americans with Disabilities Act   (ADA), service dogs have broad public access rights. Service dogs are allowed in nearly all public spaces — restaurants, stores, offices, and government buildings, even where pets are normally not allowed. Additionally, Colorado Law protects the rights of service dogs in training to accompany their handler anywhere a fully trained service dog would be able to go.

Business owners and employees can only ask two limited questions:

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

Businesses  cannot ask for documentation, proof of training, or details about the person’s disability.

Important Notes

• Only dogs (and sometimes miniature horses) qualify as service animals under the ADA. There are different and specific rules for Miniature horses, which can be found  here.
• The dog must be trained to take specific actions, not just provide comfort or companionship.
• The animal must remain under control and well-behaved in public at all times.

Common Misunderstandings

A frequent misconception is that any dog providing comfort or helping emotionally qualifies as a service animal. That’s not the case. A dog must be individually trained to do work or perform tasks for someone with a disability. Comfort alone does not meet the ADA standard.

2. Emotional Support Animals (ESAs): Providing Comfort

An Emotional Support Animal offers therapeutic benefit  through their presence and companionship. Unlike service dogs, ESAs do not need specialized task training. Their role is to provide emotional comfort that helps mitigate symptoms of mental or emotional disabilities such as anxiety, depression, or PTSD. An ESA animal is not limited by species or training; any type of animal can qualify as an ESA. However, ESA's are distinct from an average pet because they must be "prescribed" by a mental health or other medical professional and must provide a benefit specific to

Legal Protections

ESAs are not covered by the ADA, so they do not have the same access rights as service dogs. This means an ESA can be legally excluded from restaurants, stores, and workplaces that don’t allow pets.

However, they are protected under housing laws;  specifically, the Fair Housing Act (FHA). Under the FHA:

• Housing providers must make reasonable accommodations for individuals with ESAs, even in “no-pet” housing.
• Landlords cannot charge pet fees or deposits for ESAs.
• A tenant must provide reliable documentation from a licensed healthcare provider stating that they have a disability and that the animal provides support that alleviates symptoms of that disability.

Air Travel Note

In recent years, airlines have changed their rules. ESAs are no longer guaranteed access to the cabin under federal law. Many airlines now treat ESAs as pets and may charge fees or have separate policies.

Important Distinctions

While ESAs play an incredibly meaningful role in emotional wellness, they do not have the same public access or training requirements as service animals. Their legal rights primarily relate to housing, not general public spaces.

3. Therapy Dogs: Visiting and Comforting Others

A therapy dog is trained to provide comfort, affection, and emotional support to people other than their handler. You often see therapy dogs

visiting hospitals, schools, nursing homes, or counseling centers to reduce stress and promote healing.

Therapy dogs are sometimes certified through organizations that evaluate their temperament and manners, but their training focuses on socialization and calm behavior rather than specific disability-related tasks.

Legal Protections

Unlike service dogs or ESAs, therapy dogs do not have any special access rights under federal law. Their ability to enter certain places — like hospitals or schools — comes from the institution’s permission, not from federal protection.

For example:

• A hospital can allow therapy dogs as part of a volunteer program.
• A business can permit therapy visits, but it’s optional.
• A landlord or airline does not have to accommodate a therapy dog under the ADA or FHA.

Key Role in the Community

Though they lack legal privileges, therapy dogs play an invaluable role in community well-being. They help calm children during court testimony, reduce stress for medical patients, and provide comfort to trauma survivors or students in crisis.