Effective March 1, 2018, Enhanced Requirements Service/Support Animals
#16
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This may be a good start. But, DL is still not taking full advantage of DOT's clear rules and Guidance on the issue. There is still a long way to go. Hopefully this will motivate other carriers to move along as well.
Most particularly, the DOT rules under the ACA expressly permit the carrier to require not only a doc's note, but medical documentation that the passenger suffers from a DSM -recognized mentional or emotional disability. The advantage of this requirement is that there are not many people who travel regularly who would intentionally create a record of what amounts to a mental illness when there isn't one. Those sorts of records may foreclose all kinds of other things people want to do and there is ---- unfairly ----- a stigma.
The rules also do permit the carrier to prohibit animals fitting a series of criteria and thus requiring appropriate "good citizenship" documentation is entirely appropriate. Two of those are that the animal"
Most particularly, the DOT rules under the ACA expressly permit the carrier to require not only a doc's note, but medical documentation that the passenger suffers from a DSM -recognized mentional or emotional disability. The advantage of this requirement is that there are not many people who travel regularly who would intentionally create a record of what amounts to a mental illness when there isn't one. Those sorts of records may foreclose all kinds of other things people want to do and there is ---- unfairly ----- a stigma.
The rules also do permit the carrier to prohibit animals fitting a series of criteria and thus requiring appropriate "good citizenship" documentation is entirely appropriate. Two of those are that the animal"
- Poses a direct threat to the health or safety of others;
- May cause a significant disruption of cabin service.
#17
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Great. Now what am I supposed to do with my now unemployed Emotional Support Llama?
#18
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No one other than the scammers like the current state of affairs, and I'm sure that this was carefully written in consultation with lawyers, the relevant government agencies, etc. in order to hold up under any court challenge. And that the disability services departments in other airlines are cheering this on because the scammers make it hard for their airlines as well.
I do suspect the certification rule is an attempt to shift more liability to the passenger if their animal mauls someone again- they've had to actively state their dog is a Good Dog. Right now, a ESA mauling victim is likely to sue Delta first because the airline can pay better; create a scenario where Delta can then sue the passenger who falsely claims Good Dog and once word gets out that an ESA dog attack can make the scammer liable for six figures or more of damage, and, well it should deter people from poorly behaved dogs from claiming ESA.
It also seems to empower employees a little more to remove badly behaving ESAs instead of just telling the owner to put the dog in the lav until boarding is complete after the unkenneled and unleashed dog tries to bite a FA. (Spousal Unit saw that happen over the Christmas holidays)
I do suspect the certification rule is an attempt to shift more liability to the passenger if their animal mauls someone again- they've had to actively state their dog is a Good Dog. Right now, a ESA mauling victim is likely to sue Delta first because the airline can pay better; create a scenario where Delta can then sue the passenger who falsely claims Good Dog and once word gets out that an ESA dog attack can make the scammer liable for six figures or more of damage, and, well it should deter people from poorly behaved dogs from claiming ESA.
It also seems to empower employees a little more to remove badly behaving ESAs instead of just telling the owner to put the dog in the lav until boarding is complete after the unkenneled and unleashed dog tries to bite a FA. (Spousal Unit saw that happen over the Christmas holidays)
#19
Join Date: Mar 2010
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There is no such requirement. No such certification exists, at least in any nationally recognized way, AFAIK. Delta is simply asking passengers to sign a form (themselves) stating that their animal is well trained enough to respond to commands and behave on the a/c, and that pax understand that the animal will be removed (along with pax) if this is not the case.
I really think that all this does is give DL a stronger legal case to enforce the rules that already existed, because pax are being forced to signal that they really do understand the regulations.
I think the biggest change for ESA is that it looks like you have to use Delta's form, not a generic letter. This may actually help, if DL goes through the process to verify that the medical/mental health provider is legit.
.
#20
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Long overdue! There will be some moments...but it is progress.
#21
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#22
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#23
Join Date: Mar 2010
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I remind everyone that, despite there being a real problem with fake ESA's, there are also those who have a real need, and who are seriously helped by ESA's.
This includes, as DL points out in their statement, traumatized vets and others with mental health issues. Mental health issues are quite often an invisible disability. You just can't know if someone is being legit or not.
Please remember that for some, being able to fly with an ESA means being able to fly. Period. And being able to fly might mean being able to see your family at the holidays, visit an ill and dying parent, or take a trip that will ultimately be very good and helpful for one's mental health if the travel can be managed.
This includes, as DL points out in their statement, traumatized vets and others with mental health issues. Mental health issues are quite often an invisible disability. You just can't know if someone is being legit or not.
Please remember that for some, being able to fly with an ESA means being able to fly. Period. And being able to fly might mean being able to see your family at the holidays, visit an ill and dying parent, or take a trip that will ultimately be very good and helpful for one's mental health if the travel can be managed.
#24
Join Date: Jun 2015
Posts: 229
Isn't it better for people who really need ESAs though if there's a crackdown on fake ESAs? Otherwise (as you can sort of tell in this thread) when people attempt to fly with turkeys, snakes, spiders or sugar gliders (mentioned in the link to Delta's website), it sort of makes a mockery of the whole ESA concept, and people are less likely to take any ESA request seriously to the detriment of those who actually need them.
#25
Join Date: Mar 2010
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Isn't it better for people who really need ESAs though if there's a crackdown on fake ESAs? Otherwise (as you can sort of tell in this thread) when people attempt to fly with turkeys, snakes, spiders or sugar gliders (mentioned in the link to Delta's website), it sort of makes a mockery of the whole ESA concept, and people are less likely to take any ESA request seriously to the detriment of those who actually need them.
Yes, fully agree.
#26
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March 1st is fair, but I wish the effective date were yesterday!
#28
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No one other than the scammers like the current state of affairs, and I'm sure that this was carefully written in consultation with lawyers, the relevant government agencies, etc. in order to hold up under any court challenge. And that the disability services departments in other airlines are cheering this on because the scammers make it hard for their airlines as well.
I do suspect the certification rule is an attempt to shift more liability to the passenger if their animal mauls someone again- they've had to actively state their dog is a Good Dog. Right now, a ESA mauling victim is likely to sue Delta first because the airline can pay better; create a scenario where Delta can then sue the passenger who falsely claims Good Dog and once word gets out that an ESA dog attack can make the scammer liable for six figures or more of damage, and, well it should deter people from poorly behaved dogs from claiming ESA.
It also seems to empower employees a little more to remove badly behaving ESAs instead of just telling the owner to put the dog in the lav until boarding is complete after the unkenneled and unleashed dog tries to bite a FA. (Spousal Unit saw that happen over the Christmas holidays)
I do suspect the certification rule is an attempt to shift more liability to the passenger if their animal mauls someone again- they've had to actively state their dog is a Good Dog. Right now, a ESA mauling victim is likely to sue Delta first because the airline can pay better; create a scenario where Delta can then sue the passenger who falsely claims Good Dog and once word gets out that an ESA dog attack can make the scammer liable for six figures or more of damage, and, well it should deter people from poorly behaved dogs from claiming ESA.
It also seems to empower employees a little more to remove badly behaving ESAs instead of just telling the owner to put the dog in the lav until boarding is complete after the unkenneled and unleashed dog tries to bite a FA. (Spousal Unit saw that happen over the Christmas holidays)
So I love that people have figured out a way around this. And there's no way that these new policies will hold up once someone sues, which they will....
#29
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Isn't it better for people who really need ESAs though if there's a crackdown on fake ESAs? Otherwise (as you can sort of tell in this thread) when people attempt to fly with turkeys, snakes, spiders or sugar gliders (mentioned in the link to Delta's website), it sort of makes a mockery of the whole ESA concept, and people are less likely to take any ESA request seriously to the detriment of those who actually need them.
#30
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Isn't it better for people who really need ESAs though if there's a crackdown on fake ESAs? Otherwise (as you can sort of tell in this thread) when people attempt to fly with turkeys, snakes, spiders or sugar gliders (mentioned in the link to Delta's website), it sort of makes a mockery of the whole ESA concept, and people are less likely to take any ESA request seriously to the detriment of those who actually need them.
I don't think these policies are going to make any significant difference, FWIW.
In states like Florida where they're criminalized falsely claiming an animal is a service animal, a lot of the drive for the legislation has come from people who have a real need for legit service animals and who are tired of getting lumped in with the people who let Fluffy their untrained 'ESA' take a lunge and bite at a cashier at Target. Those people really do wreck it for people who have well trained service animals and ESAs and still have to deal with the assumption they're scamming it.
That's a different matter. If you want to change laws fine, but violating the law seems like a bad way to go about it.
Last edited by Canarsie; Jan 19, 2018 at 10:42 am Reason: Consolidation.