Owning an emotional support animal (ESA) can be life-changing for people dealing with mental health issues like anxiety, depression, PTSD, and more. However, navigating the rules around ESAs can be confusing, especially at the state level.
If you live in Louisiana and hope to get an emotional support animal, you probably have many questions: What are your rights as an ESA owner in Louisiana? What rules apply to ESAs in terms of housing and travel? How do you legally designate your pet as an ESA in the first place?
Our guide will cover what you need to know about Louisiana’s emotional support animal laws. Whether you already have an ESA or are just starting the process, this guide will help you understand your rights and responsibilities as an emotional support animal owner in Louisiana.
What Is an Emotional Support Animal in Louisiana?
Before we dive into Louisiana’s specific rules around ESAs, it’s important to understand exactly what these companion animals are.
Think of an emotional support animal as your personal cheerleader with fur, scales, or feathers – no judgment here! They are the shoulder to cry on after a rough day and the living, breathing stress ball that purrs or nuzzles away your anxieties.
It’s important to note that the federal Americans with Disabilities Act (ADA) doesn’t consider emotional support animals to be service animals. Service animals undergo rigorous training to perform specialized tasks like guiding the visually impaired. ESAs don’t need specialized training – their role is to provide comfort through companionship.
Any animal can qualify as an ESA – dogs, cats, small critters, birds, reptiles, amphibians, you name it. What matters most is that the specific animal soothes and improves the symptoms of their human’s mental health condition.
However, just because your pet is an excellent snuggler does not automatically make it an ESA – your companion animal must be legally prescribed by a licensed mental health professional. They can attest that your furry friend is the emotional support you need as part of your treatment plan.
What’s the Difference Between an ESA and a Service Animal?
As we covered earlier, ESAs provide comfort and emotional support to their owners who have a mental health disability.
On the other hand, service animals undergo specialized training to perform specific tasks that can help improve the quality of life for their owners in various ways. Due to these differences, service animals have more access rights, while ESAs primarily benefit from protected housing rights.
The critical differences between ESAs and service animals include:
Training
Service animals receive extensive specialized training to perform tasks like guiding blind people, alerting people to seizures, or reminding someone to take medication. ESAs have no training requirements and simply provide passive comfort.
Documentation
Service animals do not need any paperwork, registrations, or certifications – they must simply be trained to complete disability-related tasks for their owners. ESAs, in contrast, need a prescription letter from a licensed mental health professional.
Species
Only dogs, and in rare cases, miniature horses, can qualify as service animals after undergoing specific training. Meanwhile, any domesticated, legal to own, animal can be an ESA as long as they’re certified by a licensed mental health professional.
The Benefits of Having an Emotional Support Animal in Louisiana
Owning an emotional support animal can be a transformative experience for individuals facing emotional disabilities. Here are some of the key benefits:
- Reduced Anxiety and Stress: The presence of an ESA can trigger the release of calming hormones like oxytocin, lowering anxiety levels and promoting relaxation.
- Improved Mood and Happiness: An ESA’s unconditional love and affection can combat feelings of loneliness and isolation, boosting mood and overall happiness.
- Enhanced Sense of Security and Stability: Some ESAs can provide a sense of safety, especially for individuals with anxiety or panic disorders.
- Increased Social Interaction and Engagement: ESAs can act as social catalysts, encouraging their owners to interact with others and participate in activities they might otherwise avoid.
- Increased Physical Activity: Taking an ESA for walks or engaging in playful activities can promote physical activity and improve overall fitness.
- Enhanced Sense of Purpose and Responsibility: Caring for an ESA provides a sense of purpose and commitment, which can be beneficial for individuals with depression or low self-esteem.
- Enhanced Sense of Independence and Confidence: ESAs can help individuals with disabilities feel more independent and confident in navigating public spaces.
When combined with a professional mental healthcare treatment plan, emotional support animals can be an incredibly supportive and helpful part of an individual’s life.
Emotional Support Animal Laws in Louisiana
Louisiana’s state laws uphold emotional support animal regulations put in place by federal regulations. Louisiana also has the Louisiana Support and Service Animal Integrity Act (LSSAIA), an act passed in 2024 that gives details about service animal rights and emotional support animal definitions. The LSSAIA also makes it illegal to purchase a templated ESA letter and sets standards for ESA documentation in the state.
Under state laws, individuals seeking an ESA letter must have an established relationship with their mental healthcare provider of at least 30 days. Additionally, emotional support animals have different rights in the state, protected under a few different federal laws, which we discuss below.
The Americans with Disabilities Act (ADA)
The ADA is a cornerstone law protecting the rights of individuals with disabilities. This federal regulation establishes public access protections for service animals, granting them access alongside their owners in most situations, including the workplace and private businesses. Only certain religious organizations and areas like operating rooms where a service animal poses a major risk are exempt from these public access laws.
However, emotional support animals are unfortunately excluded from these rights. Your ESA can only accompany you to pet-friendly public spaces, and they are not granted public access rights to any business or public transportation.
That being said, some businesses may have pet-friendly areas – such as a pet-friendly restaurant patio – and some may be willing to accommodate your ESA if you call ahead and ask before visiting.
The Fair Housing Act (FHA)
The FHA prohibits discrimination in housing based on disability. Similar to the ADA, it requires landlords and housing providers to make reasonable accommodations for tenants with ESAs. This includes waiving pet restrictions, breed restrictions, and weight limits, in addition to waiving pet fees and pet rent.
ESA owners are also not legally allowed to be denied housing on the basis that they require their ESA to live with them.
However, the FHA also allows landlords to impose some reasonable restrictions on ESAs, such as:
- Requiring ESA owners to maintain their animals’ vaccinations and keep them under control
- Denying an ESA if it poses a direct threat to the health or safety of others
- Denying ESA housing requests that are unreasonable, such as living with a large dog or a miniature horse in a small studio apartment
Additionally, housing providers can, and will, request proof of your need for an ESA You’ll need to submit a copy of your ESA letter when requesting housing accommodations as proof of your need.
The Air Carrier Access Act (ACAA)
The ACAA protects the rights of passengers with disabilities when traveling on airplanes. In 2021, the ACAA underwent several modifications, including excluding ESAs from the “assistance animals” category. As such, ESAs no longer enjoy the same travel rights and privileges as service animals.
Previously, ESAs were covered under the ACAA and were allowed to fly in the cabin of a plane with their owner for free. Now,airlines are allowed to treat ESAs as regular pets, which unfortunately means pet fees and size restrictions for cabin travel.
You may still be able to negotiate a compromise with your airline, however, as ESAs are allowed to enjoy service animal protections in some cases with certain airlines.
How to Get an Emotional Support Animal in Louisiana
Owning an emotional support animal can bring immense comfort and support to individuals with disabilities. However, navigating the process of obtaining an ESA in Louisiana can seem confusing at first.
Below, we’ve broken down the steps to obtain an ESA letter in Louisiana:
Step 1: Consult a Licensed Mental Health Professional (LMHP)
To qualify for an ESA letter, you need to be evaluated by a licensed mental health professional such as a psychologist, psychiatrist, or clinical social worker. They’ll need to have an up-to-date license in your state of residence.
Schedule an appointment to discuss your mental health symptoms, how they impact your daily functioning, and why you feel an ESA could help. Be open and honest about your needs and expectations for an ESA’s role in your treatment plan.
You will need at least a 30-day relationship with your provider before they are able to write you a letter, a new Louisiana law as of 2024 that aims to decrease fake ESA letters and false emotional support animals in the state. If you choose to go through an online service to get an ESA letter, be sure that they abide by this. Otherwise, your ESA letter isn’t valid.
If you don’t have an LMHP in Louisiana already, you can fill out our ESA consultation form. From there, we’ll connect you with a LMHP in Louisiana who will give you a proper evaluation regarding whether you qualify for an ESA letter.
During your appointments, your LMHP will assess whether an ESA is appropriate for your treatment plan and whether or not you are able to take care of your chosen ESA. If they determine an ESA would be beneficial, they’ll write you a formal approval letter.
Step 2: Obtain an ESA Letter
This letter is your key to legal ESA status. The LMHP will provide a detailed letter on official letterhead, specifying your disability and the necessity of an ESA to help manage symptoms.
The letter should include the LMHP’s signature, license number, date, and often the recommended ESA’s breed and size. It will also likely include an expiration date.
Step 3: Choosing an ESA
While any domesticated animal can qualify to be an ESA, consider your lifestyle and needs when selecting an ESA. Temperament, trainability, exercise needs, and housing size are important factors, as is your comfort level with caring for your chosen ESA.
Ensure your ESA is well-socialized, calm in public, and unlikely to disrupt others. If you are thinking of a non-traditional ESA, keep in mind that it may be harder to take your companion animal into public and pet-friendly areas with you. Generally, only dogs and cats are able to access pet-friendly areas with their owners.
Is It Illegal to Misrepresent an Emotional Support Animal?
Misrepresenting an ESA as a legitimate service animal or presenting forged documentation carries serious legal repercussions in Louisiana, both at the federal and state levels.
If you obtain a false ESA letter, forge an ESA letter, or attempt to adopt an illegal animal as your ESA, you could face misdemeanor charges; you may deal with fines, jail time, or required community service hours.
It’s also illegal to misrepresent your valid ESA as a service animal by purchasing harnesses, leashes, or other identifying items for your ESA. If you believe you need your ESA with you as you go outside of the home, you may want to look into a service animal instead to obtain these protections and public access rights legally.
Reviewing Louisiana Emotional Support Animal Laws
Emotional support animals are wonderful companion animals that can be a valuable asset to many who deal with mental health conditions or disabilities in Louisana. The laws listed in our guide give you an overview of your ESA rights so you know what you can and cannot do if you add an emotional support animal to your treatment plan.
If you’re considering getting an ESA in Louisiana, it’s crucial to consult with a licensed therapist or mental health professional to determine if it’s the right choice for you. They can assess your needs, guide you in acquiring an ESA letter, and ensure you are able to fulfill your responsibilities as an owner.