Emotional Support Animals vs. Service Animals: Legal Differences in Colorado

At the Animal Law Firm we think the growing presence of Emotional Support Animals (ESAs) and Service Animals has brought much-needed attention to the essential roles animals play in improving human lives. However, there also exists some confusion regarding their legal definitions, rights, and protections—especially in states like Colorado, where outdoor lifestyles and pet-friendly communities are prevalent. Understanding the legal distinctions between ESAs and Service Animals in Colorado is important for both animal owners and the general public.

What’s the difference between Emotional Support Animals (ESAs) and Service Animals?

Service Animals are defined under the Americans with Disabilities Act (ADA) as dogs (or, in some cases, miniature horses) that are individually trained to perform specific tasks for a person with a disability. These tasks must be directly related to the person’s disability, such as guiding the visually impaired, alerting someone with epilepsy to an oncoming seizure, or calming a person with PTSD during an anxiety attack. Service Animals are considered working animals, not pets.

Emotional Support Animals, on the other hand, provide comfort and emotional relief to individuals with mental or emotional conditions, such as anxiety or depression. Unlike Service Animals, ESAs do not require specific training to perform tasks and are not limited to dogs or miniature horses. Instead, any domesticated animal—from cats to birds to rabbits—can qualify as an ESA with appropriate documentation from a licensed mental health professional.

Legal Protections for Service Animals in Colorado

In Colorado, Service Animals are protected under both federal and state laws. Under the ADA, Service Animals are allowed to accompany their handlers in all public places, including restaurants, stores, medical offices, and public transportation. Colorado’s own laws reinforce these rights, ensuring that individuals with disabilities can rely on their Service Animals without facing discrimination. Colorado also provides protections for service animals-in-training, unlike the ADA. Additionally, public places (housing, businesses, transportation, etc.) may only ask two questions to verify a Service Animal:

1. “Is this animal required because of a disability?” and

2. “What task or work has the animal been trained to perform?”

They cannot demand documentation or ask about the handler’s disability. Public entities also cannot demand that your service animal wear identifying leashes or vests.

Legal Protections for Emotional Support Animals in Colorado

ESAs have fewer legal protections compared to Service Animals. While they are not granted access to public places such as restaurants or stores, they are covered under the Fair Housing Act (FHA) and the Colorado Anti-Discrimination Act (CADA). The FHA and CADA require housing providers to make reasonable accommodations for individuals with ESAs, even in properties with “no pets” policies. Housing providers also cannot restrict the weight or breed of an ESA, and in some circumstances, cannot restrict the species. In Colorado, this means landlords cannot charge additional pet fees or deny housing to someone with a legitimate ESA letter from a licensed mental health professional.

However, it’s important to note that airlines are no longer required to accommodate ESAs following changes to the Air Carrier Access Act (ACAA) in 2021. While Service Animals are still protected under the ACAA, ESAs are now subject to airline-specific pet policies. If you plan on traveling with your pet, please make sure to check your specific airline’s rules for traveling with your pet on the airplane. Do not assume you can show up to the gate with your pet and be allowed to board. You will not.

Misrepresentation and Its Consequences

One issue that has been addressed by the Colorado legislature (and many other states) is the misrepresentation of pets as Service Animals or ESAs. This not only undermines the credibility of legitimate assistance animals but also carries legal consequences. Under Colorado law, falsely claiming an animal as a Service Animal can result in fines of up to $500. People who have medical documentation from a medical provider they have an established relationship with are those most likely to avoid being accused of having a “fake” service or support animal.

Conclusion

The roles that Emotional Support Animals and Service Animals serve in supporting individuals with disabilities is very important. Understanding the legal distinctions ensures that the rights of individuals relying on these animals are protected while maintaining public trust. Our team of Animal lawyers in Colorado can help you navigate these laws and provide clarity for your situation. Contact us today.