Delta sued by passenger allegedly attacked by emotional support animal
#61
Join Date: Mar 2010
Programs: DL PM, Bonvoy Gold
Posts: 8,414
I 100% agree that we have many cultural problems that are contributing factors to our well being. However, it's also not reasonable to expect someone who is suffering to forgo help that may reduce suffering. Even if some problems have social roots, the suffering is still very real. We need to fix many things in our society, and at the same time, offer relief to those who suffer from its ills.
#62
Join Date: Jun 2013
Location: NYC
Programs: UA
Posts: 444
One thing to note is that there is not even a proper standard to training for a service dog. If one gets a sets service dog from a respected and legitimate not for profit, then the dog will be properly trained and will have been tested in many ways to make sure that the dog has the proper temperament to be a service dog.
One can train their own service dog --for example -- perhaps a person has a mobility issue or skeletal problem and cannot bend down to pick something up, That person can train the dog to pick up and retrieve the item in their own home -- but unless the dog has been exposed to noise and crowds and strangers the dog may not be comfortable performing that specific task in a crowded environment like an airport or an airplane.
There have been numerous scam organizations that charge for service dogs that are not properly trained (ie see the lawsuits against Ry-Con in NC) or the not for profits that take shelter animals, collect donations and claim they are service animals for veterans or training for police departments (google Universal K9 in TX).
I could proclaim myself a service dog trainer tomorrow -- no need for education, maybe watch a few videos -- and start charging for it. And then I could incorporate a not for profit, take shelter dogs, take donations, charge for the service dog -- and then the public is at risk.
Other countries are few more regulated in terms of requirements to be a dog trainer or what it means to be service dog,.
And sorry the idea that the victim unconsciously or subconsciously or accidentally provoked the dog by being a person of larger size, or buckling his seat belt, or wearing a citrus based aftershave, or what ever blame tactic is given is given is just nonsense.
I have had timid and nervous pets that I adored but I had to take precautions at the vet or when people came over, At no point did I set the animal up for failure by placing the animal in a public situation that the animal could not handle or claim that "wouldn't hurt a fly"...
Delta was in a difficult situation. When other airlines have denied boarding to people with badly behaved service/ESA dogs the owner will post on social media and claim discrimination, violation, etc, even when the dog was growling and lunging at other passengers. And the default reaction of many was to say 'bad airline" and "good doggo". I do think that people should be required to take the ESA dog to proper training, and that the fee should be income based.
It will be interesting to see how this lawsuit progresses.
One can train their own service dog --for example -- perhaps a person has a mobility issue or skeletal problem and cannot bend down to pick something up, That person can train the dog to pick up and retrieve the item in their own home -- but unless the dog has been exposed to noise and crowds and strangers the dog may not be comfortable performing that specific task in a crowded environment like an airport or an airplane.
There have been numerous scam organizations that charge for service dogs that are not properly trained (ie see the lawsuits against Ry-Con in NC) or the not for profits that take shelter animals, collect donations and claim they are service animals for veterans or training for police departments (google Universal K9 in TX).
I could proclaim myself a service dog trainer tomorrow -- no need for education, maybe watch a few videos -- and start charging for it. And then I could incorporate a not for profit, take shelter dogs, take donations, charge for the service dog -- and then the public is at risk.
Other countries are few more regulated in terms of requirements to be a dog trainer or what it means to be service dog,.
And sorry the idea that the victim unconsciously or subconsciously or accidentally provoked the dog by being a person of larger size, or buckling his seat belt, or wearing a citrus based aftershave, or what ever blame tactic is given is given is just nonsense.
I have had timid and nervous pets that I adored but I had to take precautions at the vet or when people came over, At no point did I set the animal up for failure by placing the animal in a public situation that the animal could not handle or claim that "wouldn't hurt a fly"...
Delta was in a difficult situation. When other airlines have denied boarding to people with badly behaved service/ESA dogs the owner will post on social media and claim discrimination, violation, etc, even when the dog was growling and lunging at other passengers. And the default reaction of many was to say 'bad airline" and "good doggo". I do think that people should be required to take the ESA dog to proper training, and that the fee should be income based.
It will be interesting to see how this lawsuit progresses.
#63
Join Date: Feb 2019
Posts: 3,097
OK, and until you find the magical cure, what are people who need help supposed to do? People should just ignore options that would make their life a little better because you don't think those options are PERFECT?
#64
Join Date: Sep 2016
Programs: DL PM, Marriott, IHG
Posts: 193
In the US there is a difference between an ESA and a Service Animal
Per the US DOJ Civil Rights Division
"Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA."
"Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA."
#65
Join Date: Jul 2003
Location: Orlando
Programs: Delta-Million miler
Posts: 1,312
I am emotionally satisfied when I eat French Fries, Onion Rings, Pizza and many others. I would like to declare these are valid food items to be served free during flight by Airlines. Banana, pretzels, cookies, chips and others that are currently served upset me emotionally. Drinks-wine, whiskey, and particularly Irish cream are good for me emotionally; I am allergic to orange juice, Coke, etc. I know I can bring these food and drinks (may be not drinks) to the cabin when I fly but having these served gives me better satisfaction emotionally.
Question 1: Are you allowed to bring alcoholic drinks into the plane?
Question 2: If you freeze, for example wine, would it be detected as a liquid or solid?
Question 3: I believe in the theory that one glass of wine is good for the heart-If I get it prescribed, would it become a prescription medicine?
Question 1: Are you allowed to bring alcoholic drinks into the plane?
Question 2: If you freeze, for example wine, would it be detected as a liquid or solid?
Question 3: I believe in the theory that one glass of wine is good for the heart-If I get it prescribed, would it become a prescription medicine?
#66
Join Date: Feb 2019
Posts: 3,097
Per the US DOJ Civil Rights Division
"Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA."
"Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA."
#67
Join Date: Feb 2019
Posts: 3,097
#68
Join Date: Mar 2010
Programs: DL PM, Bonvoy Gold
Posts: 8,414
Actually, the research does not support your claim, like it does support the effect that ESA's have on trauma survivors. In fact, eating junk foods such as these is directly correlated to higher morbidity. As such, your request is denied, please enjoy the peanuts and pretzels.
#69
Join Date: Mar 2015
Location: Home
Posts: 469
I am emotionally satisfied when I eat French Fries, Onion Rings, Pizza and many others. I would like to declare these are valid food items to be served free during flight by Airlines. Banana, pretzels, cookies, chips and others that are currently served upset me emotionally. Drinks-wine, whiskey, and particularly Irish cream are good for me emotionally; I am allergic to orange juice, Coke, etc. I know I can bring these food and drinks (may be not drinks) to the cabin when I fly but having these served gives me better satisfaction emotionally.
Question 1: Are you allowed to bring alcoholic drinks into the plane?
Question 2: If you freeze, for example wine, would it be detected as a liquid or solid?
Question 3: I believe in the theory that one glass of wine is good for the heart-If I get it prescribed, would it become a prescription medicine?
Question 1: Are you allowed to bring alcoholic drinks into the plane?
Question 2: If you freeze, for example wine, would it be detected as a liquid or solid?
Question 3: I believe in the theory that one glass of wine is good for the heart-If I get it prescribed, would it become a prescription medicine?
Actually, the research does not support your claim, like it does support the effect that ESA's have on trauma survivors. In fact, eating junk foods such as these is directly correlated to higher morbidity. As such, your request is denied, please enjoy the peanuts and pretzels.
#70
Join Date: Mar 2016
Location: SAN
Programs: AA CK, Hyatt Globalist
Posts: 839
This poor man had his face ripped open in a vicious mauling. One has an expectation of NOT being in danger from animals while flying on Delta. Everything else is just noise.
I predict Mr Jackson will win, big. Delta will pay a substantial settlement. The dog owner is just as guilty, if not more, but obviously is judgment proof.
And the blaming victim is just shameful.
I predict Mr Jackson will win, big. Delta will pay a substantial settlement. The dog owner is just as guilty, if not more, but obviously is judgment proof.
And the blaming victim is just shameful.
#71
Join Date: Dec 2013
Posts: 406
As someone with significant, serious allergies to canines I find the way in which people circumvent the rules to bring ESAs on planes just to save $75 or so their precious dog doesn't have to be in the baggage compartment abhorrent. I have no problem sharing a cabin with real, qualified service dogs that require their nearby physical presence but 99% of ESAs do not fit this qualification. I've had to sit next to pit bulls (pre-rule), golden retrievers, huskies in FC, all of which were not working service dogs and all of which severely encroached on my personal space during the flight. The more airlines can do to ensure just true animals that provide a service are boarded in the passenger cabin, the better.
Last edited by USCTrojan83; May 31, 2019 at 2:52 pm
#72
Join Date: May 2001
Location: Katy, TX
Programs: AA - PLT(2MM); DL - PM(2MM); Hilton - Gold; Marriott Bonvoy- Titanium; Hyatt - Platinum
Posts: 1,718
I am emotionally satisfied when I eat French Fries, Onion Rings, Pizza and many others. I would like to declare these are valid food items to be served free during flight by Airlines. Banana, pretzels, cookies, chips and others that are currently served upset me emotionally. Drinks-wine, whiskey, and particularly Irish cream are good for me emotionally; I am allergic to orange juice, Coke, etc. I know I can bring these food and drinks (may be not drinks) to the cabin when I fly but having these served gives me better satisfaction emotionally.
Question 1: Are you allowed to bring alcoholic drinks into the plane?
Question 2: If you freeze, for example wine, would it be detected as a liquid or solid?
Question 3: I believe in the theory that one glass of wine is good for the heart-If I get it prescribed, would it become a prescription medicine?
Question 1: Are you allowed to bring alcoholic drinks into the plane?
Question 2: If you freeze, for example wine, would it be detected as a liquid or solid?
Question 3: I believe in the theory that one glass of wine is good for the heart-If I get it prescribed, would it become a prescription medicine?
Q2: As a solid, and if completely solid would be allowed thru security.
Q3: Dunno.
#73
Join Date: Mar 2015
Location: Home
Posts: 469
here are the correct answers...
1. Yes. If you bring it in a starbucks coffee cup - same as fake ESAs
2. Melts easily.. don't bother..
3. Yes of course! (want to bring it aboard? see 1 above)
Last edited by jeet; May 31, 2019 at 3:13 pm Reason: corrected cofee after coffee
#74
Join Date: Sep 2016
Programs: DL PM, Marriott, IHG
Posts: 193
The ADA does apply to airlines and service animals are completely distinct from ESAs. While an airline can refuse an ESA under section 382, they have much less flexibility to refuse a service animal.