Service, emotional support, therapy or comfort animal?

Trish Lynn and Thom Donitz portrait and friends

JOLT staff photo

Recently we were a little puzzled by a news article that brought to light that after the recent election, in some cases, “therapy cats and ducks” were being offered to distraught college students.

This brought back memories that a short time ago, aboard mass transit, patrons were using the “service animal” term to circumvent regulations and bring their pets on board. One was actually a wolf-hybrid (which became aggressive towards other animals), another was a snake (which became loose and unwittingly left behind by its owner) and, of course, who could forget the one lady with her “service chickens” (true story). 

To try and make some sense and order here, we will use references from the Washington State Human Rights Commission and the American Humane Organization (not to be confused with The American Humane Society). 

Although people think of “service dog,” “emotional support animal” (ESA) and “therapy dog” as interchangeable, with the latter two often lumped together under the term “comfort animal,” these three have very different and distinct roles and qualifications. 

The Washington Law Against Discrimination (WLAD) prohibits discrimination against persons with disabilities who use a service animal to assist them with the disability. The Revised Code of Washington (RCW) 49.60.040 defines a dog guide as a “dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.”

Service animals

The same state law goes on to define a service animal as “any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service animal must be directly related to the individual’s disability.” 

WLAD clearly defines a service animal as being “trained.” While training itself is not defined, court cases have determined that the training needs to be more than the obedience training or positive reinforcement that is usually given to family pets. A service animal must have training that sets it apart from a family pet; the service animal must be trained to do the work or perform the tasks to assist its disabled handler. 

This training requirement often eliminates “ESA”, “therapy dogs” and “comfort animals” from the definition of being called a service animal. WLAD goes on to specifically exclude certain animals from being considered service animals; “The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.” 

Keep in mind that these limitations do not apply to certain housing situations, but we are not going to go into that in this article. 

The Americans with Disabilities Act (ADA) protects the rights of people with disabilities to bring their service dogs to most public places and on airlines. Under the ADA, only dogs and miniature horses can be service animals. For the moment, we will talk only about the most common service animal: dogs. 

Service dogs

Service dogs are trained to perform specific and quantifiable tasks that directly ease the challenges associated with their owner’s documented disability. The most common types of service dogs include guide, hearing, medical alert, mobility, autism service and psychiatric services dogs for our veterans with PTSD. A service dog gives owners greater independence, which leads to confidence to leave their homes, enable social relationships, and enter or re-enter the workplace. 

RCW 49.60.215 prohibits discrimination in a place of public accommodation due to the “use of a trained dog guide or service animal by a disabled person.” Service animals must be allowed into all areas of a place of public accommodation where the general public is allowed – this includes dining and eating areas, restrooms, and areas where food is sold. 

Service animals will often be identified with a harness or a vest, but the service animal is not required to have any identification. Service animals are not limited to large dogs; small dogs and miniature horses often work as service animals. Service animals are not pets, so a “no pets” policy does not apply. 

Always remember that the service animal is there to provide a service. Do not pet or speak to the service animal unless invited to do so by its handler. The animal is working and should not be disturbed. 

Emotional Support Animals

Emotional Support Animals are companion animals who help their owners cope with the challenges associated with emotional and mental health conditions, such as anxiety or depression. Unlike service or therapy, these emotional support animals are not expected or trained to do specific tasks. Emotional support animals are not allowed in public places, with the exception of air travel, which requires special documentation. The Fair Housing Act requires that most housing units accommodate emotional support animals with appropriate documentation. 

Therapy Dogs

Therapy Dogs, together with their owners, are certified or registered to visit hospitals, long-term care facilities and other settings to benefit people in need. While trained in obedience skills, therapy dogs (also called comfort dogs) are not required to perform essential or specific skills. Their role is often to complement more traditional treatment or therapy through supportive and comforting interactions. They and their handlers are usually certified as a team but do not have public access rights under the ADA. They are only allowed into facilities by invitation or agreement. At a long-term care facility in Seattle, where our friend’s mother was staying, they actually had an animatronic seal that would come around to the patient’s room or dining table and speak to them in their native language, in this case, Japanese. 

To recap: Only service dogs are allowed to enter any public space and are entitled to ADA accommodations. Some businesses allow any well-behaved animal into their established and that is the business' choice. 

Both service and emotional support dogs are directed towards one person, which is their owner. 

Therapy dogs work with their handler to provide emotional support to a variety of people and environments. 

What distinguishes a difference between a service, emotional support, therapy or comfort dog is their training and the function they perform. Any dog breed can qualify. Working dogs do not have to wear a special vest or harness to identify them, although most reputable trainers equip them with these. However, just because they wear a vest doesn’t always mean they really are what the vest claims. Some unscrupulous companies claim that if you register your pet, it will guarantee them access but, remember, only legitimate service dogs have access under federal law. 

Misrepresentation

Under RCW 49.60.214 it will be a civil infraction under RCW 7.80 for any person to misrepresent an animal as a service animal with fines up to $250. 

Service, Emotional Support, Therapy and Comfort animals are all important to us and we hope this helps define them a little. If we left something out, let us know. 

Paws for Thoughts

Rest in Peace, P’Nut (2017-24) and Fred (?-2024). What a bunch of jackasses there is at the New York State Department of Environmental Conservation. 

Thom Donitz and Trish Lynn are neighbors and close friends who share their love of animals and wildlife. Trish and Thom are residents of Tumwater. Contact them at  pets@theJOLTnews.com.