California Laws on Psychiatric Service Dogs and Emotional Support Animals in Public Places

Many people with mental health disorders use service dogs or emotional support animals to help manage their symptoms. For example, a veteran with post-traumatic stress disorder (PTSD) may have a golden retriever that's been specifically trained to sense rising anxiety and puts its head in the veterans' lap during panic attacks. A student with autism might find petting a rabbit to be soothing during times of sensory overload, allowing them to focus on their work.

Psychiatric service animals and their handlers have protected rights when it comes to where they're allowed to go and what accommodations must be made for them. But because of the way that California's public health, safety, and accessibility laws interact, emotional support animals (ESAs) have fewer protections than service animals do. Before you bring your furry companion into a public place, it helps to know when you have enforceable rights and when the establishment can keep you from entering.

Which California Laws Protect Assistance Animals and When?

Several California laws set out the rights of people with disabilities who use animals to assist them. These laws include California's Unruh Civil Rights Act (Cal. Civ. Code § 51), the California Disabled Persons Act (Cal. Civ. Code § 54), and California's Fair Employment and Housing Act (Cal. Gov. Code §12900).

Federal disability rights laws, such as the Americans with Disabilities Act (ADA), also protect the rights of people who use service dogs and emotional support animals. (Learn more about federal laws regarding service animals.) When federal and state laws differ, whichever one offers greater protection to people with disabilities generally applies.

Which California law applies depends on what kind of animal it is, how the animal helps the disabled individual, and the setting or place involved. Broadly speaking, California law allows people with disabilities to bring trained service animals—including psychiatric service dogs—but not emotional support animals, to all public places.

What Qualifies as a Psychiatric Service Dog Under California Law?

A "service dog," under California law, is a dog trained to help a specific individual with a disability with services such as fetching dropped items or pulling a wheelchair. The law also identifies "minimal protection work" (non-violent guarding) and "rescue work" (such as emergency evacuations) as services that a trained service dog can provide. (Cal. Civ. Code § 54.1.)

There are two important things to note about California's definition of service dogs. First, California law limits the definition of service animal to dogs. (Although the ADA allows the use of miniature horses as service animals in some limited circumstances, so California must as well.) Second, the definition is further limited to dogs that are trained to help individuals with their specific requirements. This means that no animal other than a dog can qualify as a service animal, even if that animal is trained to assist a person with a disability. Additionally, a dog won't qualify as a service animal unless it's individually trained to perform disability-related tasks for someone with a disability.

California doesn't have a specific definition for "psychiatric service dog," but a dog individually trained to assist someone with a mental disability is considered a service dog. And someone who uses such a dog is entitled to the same rights under the law as someone with a physical disability who uses a service dog.

Psychiatric service dogs are trained to perform tasks directly related to their handlers' specific mental impairment. Examples of tasks that a trained service dog can perform for somebody with a mental disability might include:

• waking somebody with depression and coaxing them out of bed at a specified time
• responding to an owner's panic attack by initiating contact to comfort the individual
• nudging somebody with bipolar disorder to remind them to take their medication
• conducting "safe checks" for an owner with PTSD
• leading somebody with agoraphobia out of a crowd when they feel overwhelmed, and
• blocking the owner from performing destructive or repetitive behaviors.

You may be surprised to learn that, under both California law and the federal ADA, service dogs (including psychiatric service dogs) aren't required to be registered or identified with a special tag or vest. However, pretending to be an owner of a service dog is a criminal misdemeanor in California, punishable by a fine of up to $1,000, up to six months imprisonment, or both. (Cal. [Penal] Code § 365.7.)

Emotional Support Animal Defined Under California Law

An "emotional support animal" (ESA) is an animal that isn't trained to perform specific acts directly related to an individual's disability. Instead, the animal's owner derives a sense of well-being, safety, or calm from the animal's companionship and presence. An emotional support animal doesn't need to be a dog, but can be.

California courts have addressed the distinction between a service dog and an ESA.

In Miller v. Fortune Commercial Corp., (15 Cal. App. 5th 214), the plaintiff, an intellectually disabled man, was given a dog by his stepfather in order to help him become more independent. The dog had received basic obedience training, but hadn't yet been trained to perform a specific task. The court concluded that because the plaintiff's dog wasn't fully trained or in the process of being trained to perform a specific task when they entered the defendant's business, the dog wasn't considered a service dog—meaning the plaintiff's rights under the ADA, Unruh Act, or Disabled Persons Act weren't violated when he was asked to leave.

Furthermore, the Ninth Circuit Court of Appeals (the federal court that hears cases arising out of California) concluded in C.L. v. Del. Hosp. Inc. (992 F.3d 901) that the plaintiff, a woman who was in the process of training her service dog to help manage PTSD symptoms, was wrongly denied entry to a hospital that didn't recognize her dog as a service animal. Unlike the plaintiffs in Miller, the plaintiff in this case had been training her dog using techniques she found in a book published by an experienced service dog trainer. Additionally, the dog had already learned to perform tasks such as interrupting self-injurious behavior, alerting for medication, and standing guard during periods of vulnerability. The court affirmed that the true "test" of whether an animal is a service dog or ESA is if it can perform certain functions, not whether it has official certification or even expensive formal training.

The key takeaway for anybody who uses an ESA in California is that they aren't considered psychiatric service dogs unless they've been trained (or are in the process of becoming trained) to perform a specific act and, as such, are afforded fewer legal protections than psychiatric service dogs. (Keep in mind that service dogs in training are protected under California law, but not the federal ADA, so if you travel out of state you might not have these protections.) Additionally, California Assembly Bill 468 (2021) requires businesses that sell or provide ESAs to disclose to the buyer that their ESA isn't trained to perform a specific task and therefore doesn't have the legal protections afforded to service dogs.

What Disabilities Qualify a Person to Use a Service Dog in California?

California law typically offers greater protection than federal law for people with disabilities. For example, California defines "disability" more broadly than the ADA does. Under the federal ADA, a physical or mental impairment qualifies as a disability only if it "substantially limits" a major life activity, which includes activities like walking, seeing, hearing, and so on. (42 U.S. Code § 12102.)

In California, a physical or mental impairment need only "limit," rather than "substantially limit," a major life activity. This simply means that the impairment must make the achievement of a major life activity difficult. (Cal. [Gov't] Code § 12926(j) and (m).) Socializing with others, working full-time, and making sure your basic needs are met are examples of major life activities. Mental disabilities are psychological or cognitive disorders that limit a major life activity, such as:

• intellectual disability
• major depression
• bipolar disorder
• traumatic brain injuries
• anxiety,
• schizophrenia
• autism spectrum disorders, and
• specific learning disabilities, such as attention deficit hyperactive disorder (ADHD).

Not included in the list of mental disabilities are sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (Cal. Gov. Code §â€¯12926(j)).

California Protections for Service Dogs in Public Places

Public places in California must allow people with disabilities to bring in their service dogs and, if necessary, they must modify their practices to accommodate the dogs. Public places must also permit an authorized trainer to bring in a service dog, even if the trainer doesn't have a disability. (Cal. [Civ.] Code § 54.2.)

What Places Are Considered Public?

Pretty much everywhere the general public is invited, service dogs are invited as well. This includes a whole host of locations that are widely visited on a daily basis, including but not limited to:

• medical facilities such as hospitals, clinics, and psychiatric offices
• transportation, including buses, trains, ferries, subways, taxis, and rideshare providers (like Uber or Lyft)
• commercial and retail establishments (like supermarkets, gas stations, shopping malls, or department stores)
• government agencies (such as the USPS or DMV), courthouses, and libraries
• hospitality or entertainment venues like hotels, restaurants, bars, and coffee shops
• recreational areas (such as museums, stadiums, movie theaters, and gyms)
• educational institutions, and
• social service centers.

With regards to service dogs at zoos or wild animal parks, California has some specific public safety rules. Zoos or wild animal parks aren't required to allow service dogs in areas where the zoo or park animals aren't separated from the public by a physical barrier. However, a zoo or park that doesn't allow service dogs into such areas must provide free, clean, and safe kennel facilities. (Cal. Civ. Code § 54.7.) Under some circumstances, the facility must also provide certain additional accommodations—such as free transportation and sighted escorts—to blind or visually impaired patrons and to individuals who rely on their service dog for mobility.

Can a Public Place in California Require Proof an Animal Is a Service Dog?

An employee or manager of any of the public places listed above can legally ask only two questions to determine if a dog is a service dog: "Is this service dog required because of a disability?" and "What type of task is this dog trained to perform?" They cannot ask you what your disability is, have the dog perform the specific task or make you produce any sort of documentation showing that the dog is a service dog.

I Brought My Dog to a Public Place, Can They Ask Me to Leave?

Even people with service dogs may be asked to leave a public place if they can't maintain "dominion and control" over their animal. Typically, that means that your service dog must be harnessed, leashed, or otherwise restrained. (Verbal or nonverbal commands may suffice if you're unable to physically restrain your dog.) Dogs that pose a "direct threat" to the health and safety of others can also be prohibited from the public space. So if your dog is growling, lunging, or isn't housebroken, the establishment can ask you to remove your dog.

Remember that the protections that allow people with psychiatric disabilities to bring their dogs with them to public places apply to service dogs only, not ESAs. So if you bring your ESA to a public establishment and a representative of the establishment asks you if it's a service animal, you must answer truthfully or risk criminal misdemeanor penalties.

Can I Bring My Emotional Support Animal Along If I'm Dining Outside?

While service dogs can pretty much go anywhere the general public can go, for purposes of access to public facilities, ESAs are treated as pets. That means that whether or not you can bring your ESA dog to an outdoor patio at a restaurant depends on several factors. Mainly, it's up to the discretion of the restaurant owner provided they're in compliance with the local health codes (like making sure there's a separate patio entrance so the dogs don't go inside and avoiding contact between dogs and food handlers).

When Does California Protect the Use of Emotional Support Animals?

Because service dogs are treated essentially as an extension of their owners when it comes to accommodations in public places, it can seem like ESAs get the short end of the stick in terms of legal protections. However, California does have laws protecting the use of emotional support animals in other settings, such as housing and employment. You can learn more in our articles on when California landlords have to allow psychiatric service dogs and emotional support animals and how California protects psychiatric service dogs and emotional support animals in the workplace.

The best way to establish your need for an ESA—especially for housing or employment accommodations—is to obtain a valid ESA letter from a licensed mental health professional. Here's how to do this effectively under current California law:

• Establish a therapeutic relationship. This means you'll need to get at least 30 days of treatment from a licensed psychiatrist, psychologist, counselor, or physician who is authorized to practice in California.
• Get a clinical evaluation. Your provider must formally evaluate your mental health (generally by way of a diagnostic tool such as a depression questionnaire or mental status exam) to determine if an ESA is appropriate as part of your treatment plan.
• Have your doctor write a letter. If an ESA is warranted, your provider should write a letter (on official letterhead) stating that you have a mental or emotional disability recognized by the DSM, and that the animal is necessary for your well-being or treatment.
• Use the letter as needed. While you won't be able to use your letter to bring your ESA into public places, you can use it to request reasonable accommodations in housing—such as waivers of no-pet policies or "pet rent"—and some employment settings.

Don't fall for ESA scams that promise a valid letter simply after taking an online quiz (and submitting payment). Likewise, you should avoid any websites selling vests, registration cards, or certificates saying that your dog is an ESA. These unnecessary accessories may actually set off alarm bells in landlords or employers who know that neither ESAs nor service dogs require identification. A letter from your regular doctor should be sufficient.

What to Do If Your Psychiatric Service Dog Was Denied Entry to a Public Place

Many people aren't aware of the vital role that psychiatric service dogs play in helping people manage their mental health symptoms. Some may expect all legit service dogs to be wearing a vest or assume that your service dog is an ESA, leading them to prevent you and your dog from entering a public space. Even though they may be simply mistaken or well-intentioned, it's still a violation of your rights.

If you were discriminated against or denied access to a business or public place with your psychiatric service dog, you may wish to contact the California Civil Rights Department to file a complaint. You can do this within one year of the incident of discrimination. You can also file a federal complaint under the ADA with the U.S. Department of Justice, Civil Rights Division. Or, you have the right to bring a civil lawsuit in California state court under the Unruh Act. Regardless of which route you choose to take, it's a good idea to speak with an attorney who has experience with disability discrimination cases to help you evaluate your options.