No, emotional support animals (ESAs) generally do not have public access rights under federal law. Unlike trained service animals, ESAs are not guaranteed entry into public places where pets are normally prohibited, such as restaurants, stores, hotels, schools, or public transportation.
Key details:
The Americans with Disabilities Act (ADA) covers only service animals (primarily dogs, or miniature horses, trained to perform specific tasks for a disability). ESAs provide comfort through presence alone and are explicitly excluded from ADA protections.
Businesses and public entities can treat ESAs as pets and deny access if they have a "no pets" policy.
Some pet-friendly places (e.g., outdoor cafes or stores that allow pets) may permit your ESA at their discretion, but this is not a legal right.
Air travel note: Since 2021 updates to the Air Carrier Access Act (ACAA), ESAs are no longer accommodated as assistance animals on flights—they are treated as pets, subject to airline pet policies, fees, and restrictions (e.g., carrier requirements or cargo).
State laws rarely extend public access to ESAs; most align with federal ADA rules. Misrepresenting an ESA as a service animal can lead to legal penalties in many states.
As of December 2025: Core protections remain under the Fair Housing Act (FHA) for housing only, despite HUD's withdrawal of detailed 2020 assistance animal guidance. Public access rules are unchanged.
If your animal is trained to perform disability-related tasks (e.g., a psychiatric service dog), it may qualify as a service animal with full ADA rights. For specific situations, consult fair housing resources or a legal expert.