Emotional support animals (ESAs) provide relief to those who suffer from mental health disabilities. Their presence provides comfort and eases loneliness, and caring for an animal can help people feel like they have purpose and worth.
Emotional support animals can make a significant difference in people’s lives, which is why they have certain rights that are protected by state and federal laws. Today, we will be discussing how Wisconsin’s laws affect ESAs and their owners, as well as which animals make great ESAs.
What Is an Emotional Support Animal?
An emotional support animal is an animal that provides comfort to those with psychiatric disabilities such as anxiety, depression, PTSD, and much more. Through companionship, they provide relief to patients with such disabilities.
Because emotional support animals require care, they can help people establish and maintain a routine and even improve one’s sense of purpose and self-worth. Though an ESA can be any animal, it’s not uncommon for people to choose dogs, which means the ESA will also increase the amount of exercise the owner gets since dogs need to be walked.
Regular exercise has a myriad of benefits and has been proven to be beneficial to one’s mental health. Studies have also shown that interacting with animals can reduce stress. All in all, emotional support animals play an important role in the lives of many who struggle with their mental health.
Emotional Support Animals Are Not Service Animals
Though umbrella terms like “assistance animal” and “support animal” apply to both ESAs and service animals, the two are not the same and do not enjoy the same privileges. Therefore, it’s important to understand the distinction between service animals and emotional support animals.
Perhaps the biggest distinction between the two types of assistance animals is that emotional support animals can be any animal and do not require any training. On the other hand, service animals are dogs who have undergone very intense training.
There is also an official definition of service animals provided by the Americans with Disabilities Act (ADA), which is as follows: “A service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.”
Service animals enjoy a variety of privileges thanks to the ADA. Namely, they can go to any place the general public is allowed to go. Unfortunately, ESAs do not share this privilege.
Now that you understand the difference between these two types of assistance animals, let’s talk about Wisconsin law in particular.
State vs Federal Law
States are allowed to write their own laws pertaining to disabilities and assistance animals. Usually, federal laws would trump state laws, but in this case, state laws are not limited by federal laws, provided that the state laws offer equal or greater protections.
This means that when questioned about which laws one should follow, the answer would be Wisconsin state law as long as the state law provides greater protections. However, if the state law provides weaker protections or fails to offer certain rights, then federal law would supersede it.
Can I Take My ESA in Public in Wisconsin?
Unfortunately, emotional support animals are not allowed the right to public access. This means that you are not allowed to take your ESA with you to restaurants or businesses unless they specifically state they are pet-friendly. As of now, only service dogs are granted public access rights.
If you struggle without your ESA when you are in public, consider calling businesses ahead of time and asking what their pet policy is. There are a surprising number of businesses that do allow pets in stores, even if they don’t broadcast it. Furthermore, some store managers may be more accommodating than others. You might also consider getting a psychiatric service dog.
Can I Travel in Wisconsin With an ESA?
In the past, the Air Carrier Access Act (ACAA) allowed emotional support animals to travel in airplane cabins with their owners. However, this privilege has since been revoked. As of January 2021, airlines have every right to forbid emotional support animals from accompanying their owners into airplane cabins.
However, some airlines do allow you to bring pets as carry-ons. This would require your ESA to be small enough to fit inside a carrier that can be stowed underneath the seat. If your ESA is too big, then unfortunately, they will not be able to travel with you in the cabin. Larger animals are usually transported as baggage or cargo.
Similarly, Wisconsin does not have any laws that allow ESAs to travel with you on public transportation. If you’re looking to take a train or bus, you should contact the company to see if any accommodations could be made for your ESA.
Can I Live in a Rental With an ESA?
Both state law and a federal law called the Fair Housing Act protect a disabled person’s right to live in rentals with their emotional support animal. Thanks to these laws, it is considered discrimination for a property owner to refuse rental to a disabled person due to their need for an emotional support animal.
Not only that, but property owners cannot charge any extra fees such as pet rent or pet deposits. Even if a rental does not typically allow pets, it must make an exception for ESAs. Furthermore, any breed or size restrictions do not apply to emotional support animals.
However, in order for someone to live with their ESA, they may need to provide the landlord with proof of their need. This will be done via an ESA letter from a licensed mental health professional in the state of Wisconsin.
Landlords are not allowed to breach the privacy of their tenants or potential tenants, so the only questions they are allowed to ask about ESAs are:
- Does the person have a disability?
- Does the person have a disability-related need for the animal?
Occasionally, it is possible for a landlord to refuse to accommodate an emotional support animal. Such situations are as follows:
- The person is unable to provide proof of their need for an ESA.
- Accommodating the animal would result in a financial and administrative burden for the landlord.
- Accommodating the animal would fundamentally alter the nature of the services offered by the housing provider.
- The animal would pose a direct threat to the health or safety of other tenants and there is no viable way to eliminate or reduce such a threat.
- Accommodating the animal would result in significant physical damage to the property of others and there is no viable way to eliminate or reduce the risk of damage.
As long as you choose an ESA that would be easy to keep in an apartment or house, it would be unlikely that a landlord could refuse you. Animals that are domesticated to be kept as pets are good choices for ESAs if you plan to live in a rental.
Can I Take My ESA to Work in Wisconsin?
Unfortunately, Wisconsin does not have any state laws late allow people to bring their ESAs to work. As such, whether or not an ESA can accompany their owner to their workplace will be entirely up to the discretion of the employer.
The chances of an employer agreeing to allow an ESA on the premises are higher if the animal is not a distraction and is well-behaved.
Of course, businesses that see a lot of clientele may be less likely to allow animals due to the possibility of allergies. Similarly, businesses that deal with food, medicine, or health-related services would not be able to accommodate an ESA due to hygiene concerns.
What Animals Can Be Kept as Pets in Wisconsin?
Though an ESA is technically not considered a pet, it’s important to know what animals are legal to own in Wisconsin, as this will apply to ESAs as well. While landlords cannot turn away an ESA even if it is a restricted breed like a pit bull, they absolutely could refuse to house an animal if it is illegal to own.
Surprisingly, Wisconsin does not have very strict laws about what animals can and can’t be owned. In fact, people in Wisconsin can keep exotic or wild animals as pets. Technically, you could keep a bear, cougar, wolf, or even a tiger as a pet in Wisconsin!
However, those who want to keep such animals as pets need to get a captive wild animal farm license. If the animal is not native to Wisconsin and is imported, then you may also need to get a permit from the Department of Agriculture, Trade and Consumer Protection.
However, because Wisconsin does not regulate exotic animals at the state level, the rules about what exactly you can keep may vary between cities, towns, and municipalities. So, one city or county may allow exotic wild animals to be kept as pets, whereas another may not.
If you did want to have an exotic animal as an ESA in Wisconsin, you would need to check local regulations to see if it is allowed or not.
Though it’s up to every individual to decide which animal provides them with the best support as an ESA, we think wild animals like bears are not it, even if they are legal to keep. Those kinds of animals would absolutely fit into the category of animals a landlord could refuse to house, even if they’re ESAs.
You also would never be able to take your ESA away from home if it is considered a wild animal. The best animals for ESAs are those that are domesticated and safe around other animals and people.
What Animals Make the Best ESAs?
Some animals are far better suited to be ESAs than others. Obviously, the best ESA is the one that provides you with the most comfort. However, if you don’t have a particular animal you’re fond of that you would like to have as an ESA, then there are some things you could consider before choosing one.
For example, if you like to travel and want to take your ESA with you, a small animal that could be taken as a carry-on would be best. Other things to consider are how expensive the animal is to keep, how loud the animal may be, how much care the animal requires, the animal’s average lifespan, and where the animal needs to be housed.
If you have the space for a horse as an ESA, that’s great, but if you’re living in an apartment, a horse is probably off the list. Let’s take a look at some of the best options for emotional support animals!
Dogs
Is it any surprise that dogs are one of the best possible animals to keep as an ESA? With so many different breeds and sizes, it is possible for just about anyone to find a dog that would match their lifestyle and needs.
If you need a low-maintenance breed, you can pick out a small breed dog with a short coat. Small dogs tend to need less exercise and short coats don’t require much grooming.
Even low-maintenance dogs need to go for walks, which is great because it means that you will get into the routine of walking almost every day. As we mentioned earlier, this has many health benefits.
Dogs are also just amazing companions. Many of them are very loving and cuddly, and it seems as if they are sensitive to human emotions. They just know when we could use some love!
Cats
As much as we love dogs, we know that they aren’t for everyone. Cats are amazing for those who want a quiet, low-maintenance ESA. At the same time, cats can be very playful and fun to hang out with! Believe it or not, cats can even be trained, which can be a fun activity for both you and the cat.
Though cats have often been stereotyped as independent and standoffish, so many cats are actually cuddlebugs who love receiving attention from their owners. A cat could definitely be a great choice for someone who wants an affectionate companion who is also independent enough to be low-maintenance.
Rabbits
Rabbits are adorable, adventurous, and spunky! It may come as a surprise but just like dogs and cats, rabbits can be trained. You can train a rabbit to come when called or even to do simple tricks like high five or spin.
Rabbits are very social creatures, so they do require daily exercise and attention. They should not be left to sit in a cage all day long. In fact, it is better if rabbits are not caged at all. The best-case scenario is that the rabbit has a room to live in (or a roomy playpen).
Because rabbits are very curious and love to chew, any room a rabbit is kept in will have to be rabbit-proofed. All electrical cords and any other dangerous objects must be kept out of their reach.
Rabbits are considered to be just as much work as dogs, so for some people, they may not be low-maintenance enough. However, they make for good emotional support animals because they have a lot of personality, which can provide a lot of joy. Some rabbits also enjoy sitting in your lap and being pet.
Ferrets
Ferrets are very fun to keep as pets because they have a lot of personality. They’re goofy, playful, and energetic. A lot of ferrets also like to cuddle, which is one of the reasons they made this list!
Though ferrets tend to sleep a lot, when they are not sleeping, they can be quite high-energy and will need to be let out of their enclosures to play.
Ferrets love squeezing into anything they can squeeze into, which can be fun when they’re crawling through things you’ve provided for that purpose. However, it can be alarming if they manage to crawl into something you don’t want them crawling into.
As such, you’ll need to ferret-proof the playroom so that ferrets can’t get at electrical cords or find anything to crawl into that they shouldn’t. As cute and cuddly as they are, ferrets are somewhat fragile and should be handled with care.
Gerbils
If you want a low-maintenance companion that’s still adorable and soft, gerbils could be a good choice. Compared to the other animals we’ve mentioned, gerbils are less expensive to keep. They only require a small enclosure (20 gallons or larger) and do not need to be let out much for exercise, as they can use an exercise wheel.
Gerbils are social, so you’d want to get at least two. Though gerbils aren’t necessarily affectionate and cuddly the way cats and dogs might be, they do tolerate being held and tend to be more gentle than hamsters (that is to say, they aren’t likely to bite you). Unfortunately, gerbils do not live for very long, with a lifespan of only about three years.
ESA Laws in Wisconsin
If you’re interested in getting an ESA in Wisconsin, it’s important to know what laws will affect you and your ESA. For the most part, Wisconsin’s laws echo federal laws such as the Americans with Disabilities Act and the Fair Housing Act.
In Wisconsin, emotional support animals are allowed to live with their owners for free in any housing rental, even rentals that don’t allow pets. Unfortunately, ESAs in Wisconsin aren’t allowed public access rights nor are they allowed on airplanes.
Wisconsin has surprisingly lax laws when it comes to what kind of animals people can own, so you could keep just about any animal as an ESA. However, we would highly recommend that you stick with domesticated animals that are typically kept as house pets.