Service Versus Emotional Support Animals: What Restaurant Workers Need To Know

Federal, state and possibly local laws mandate certain animals be allowed into all places of public accommodation, including restaurants. To many, this is counter intuitive. To ensure compliance, restaurateurs and their staff must know what kind of animals are included and what interaction you are allowed with the owner and the animal. Remember, violations of these laws are not only illegal, but often a public relations nightmare!

Service Animals

Under the federal Americans with Disabilities Act (ADA), “service animals” are dogs individually trained to do work or perform tasks for people with disabilities. This may include helping a guest navigate the dining room or facility, alerting the owner to an oncoming medical episode, or performing another trained task directly related to the owner’s disability.

While dogs are the only animal recognized as a service animal, the ADA also specifically covers miniature horses that have been individually trained to perform service tasks. Restaurants must accommodate them when reasonable. Factors to consider when deciding if accommodation is possible include:

• Whether the horse is housebroken;
• Whether the horse is under the owner’s control;
• Whether the horse’s size and weight can be safely accommodated in the dining space;
• Whether the horse’s presence will create legitimate safety concerns.

Emotional Support Animals

Dogs and other animals which only provide comfort or emotional support, commonly referred to as Emotional Support Animals (“ESAs”), are not considered service animals under the ADA. They provide comfort or emotional benefit simply by being present. Accordingly, they do not have the same public access rights as service animals and employees have the right to ask the owner of ESAs to remove them from the premises. Restaurants are not required to allow ESAs unless:

• State/local laws provide such rights; or
• The restaurant voluntarily chooses to allow them.

However, it is important to note that some psychiatric service dogs are trained to perform tasks such as interrupting panic attacks or responding to PTSD episodes. These are service animals, not ESAs, and they must be treated accordingly. The key difference is that the benefit of the animal comes from trained action, not simply comfort or emotional presence.

Where Service Animals are Allowed

Restaurants, like all businesses open to the public, must allow service animals in any area where customers are normally permitted. This includes dining rooms, waiting areas, takeout counters, and outdoor seating. However, service animals may be restricted from areas where food is prepared. Moreover, service animals must remain under the control of their handlers; typically, this means they must be leashed, harnessed, or tethered. If those devices would interfere with the animal’s work, the handler may use voice or signal commands instead. However, one way or the other, control over the animal must be maintained.

What Staff May (and May Not) Ask

When the service animal’s purpose is not obvious, restaurant employees may only ask two questions:

• “Is the animal a service animal required because of a disability?”
• “What work or task has the animal been trained to perform?”

Staff may not:

• Ask what is the person’s disability;
• Ask for medical or veterinary documentation;
• Require special ID or certification; or
• Ask the animal to perform its trained tasks.

When a Restaurant Can Ask a Guest to Remove a Service Animal

A guest cannot be asked to leave simply because they brought a service animal. However, removal is allowed if:

• The animal is out of control, and the handler does not regain control; or
• The animal is not housebroken.

If removal is necessary, staff must allow the guest to continue dining without the animal, such as by providing takeout options or seating them once the animal is removed.

Allergies or fear of dogs are not legal reasons to refuse entry or service. Restaurants also cannot:

• Separate or isolate diners with service animals;
• Charge pet fees or cleaning deposits; or
• Apply different minimum-spend or seating rules.

Therapy Animals

Therapy animals visit hospitals, community centers, and schools to comfort others. They do not have public access rights under the ADA. They should be treated similar to emotional support animals. Restaurants may allow them at their discretion, but this is not required.

State Service Animal Laws

While the ADA sets the national standard, some states have additional rules:

• Some allow service animals in training to access public places. Most states allow service animals in training to access public spaces, so long as they are marked as “in training” and are accompanied by a trainer;
• Some include species beyond dogs and miniature horses; and
• Many states have penalties for intentionally misrepresenting a pet as a service animal.

Restaurant owners should periodically review their state and local regulations to ensure compliance.

Practical Guidelines for Restaurant Managers

1. Train all staff on ADA-compliant service animal and related policies.
2. Create a clear, consistent internal policy that applies across shifts and locations.
3. Do not request documentation from the customer/disabled individual; this violates ADA rules.
4. Focus on behavior, not assumptions. Address issues such as barking, aggression, or disruptive behavior, not the animal’s size or breed.
5. Communicate respectfully if issues arise and document any situation where a service animal must be removed.
6. Never get involved in removing the animal yourself. Leave that to the owner or the police if necessary
7. Stay current on state and local laws, which may expand on federal requirements or include penalties for false claims.
8. Be kind and empathetic. If an animal is wrongly removed, bad publicity can spread like wildfire. But, if you act in good faith and explain any mistakes, the situation often is easily resolved. (Seek qualified counsel before responding to any electronic, paper or other complaint.)

Conclusion

Understanding how service animals, emotional support animals, and therapy animals differ helps restaurants maintain ADA compliance, avoid discrimination claims, and create an inclusive dining environment. By training staff, applying consistent policies, and treating guests with respect, restaurants can confidently balance accessibility, safety, and a positive customer experience.

Brody and Associates regularly advises management on compliance with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.