Atlanta Journal Constitution: DOT disallows Delta ban on pit bulls as service animals
#16
Join Date: Feb 2019
Posts: 1,402
Can the airline evaluate what "fully trained service animal" means? I believe that they may be obligated to take the passenger's word that the animal is a fully trained service animal. (At least, that seems to be the ADA requirement. Not sure if ACA varies on that.) We had an employee that self-trained a dog to provide support for his frequent loss of balance. The National Park Service was required to accept the dog as a service dog.

#17
Join Date: Feb 2019
Posts: 1,402
I'd love to see any actual evidence people have about the "pit bull breed" (which isn't even a thing) being inherently more dangerous. As far as I can see it's just a bunch of handwringing and confirmation bias.

#18
FlyerTalk Evangelist
Join Date: Oct 2011
Location: ATL
Programs: DL Scattered Smothered Covered Medallion, Some hotel & car stuff, Kroger Plus Card
Posts: 10,344
1a. Pits, bulldogs, Staffordshires, bull terriers, etc. are all fine dogs. No better or worse than other domesticated breeds; all breeds have their pros/cons.
1b. Poorly trained/treated dogs of any breed can be problematic.
2. There needs to be more stringent regulation/certification of true service animals. "True service animals" being those which the person literally cannot ordinarily function without (this could even include actual, non-pet ESAs).
3. With #2 , airlines and other companies/etc. will be able to successfully differentiate restrictions between true service animals and pets (including pets masquerading as ESAs).
1b. Poorly trained/treated dogs of any breed can be problematic.
2. There needs to be more stringent regulation/certification of true service animals. "True service animals" being those which the person literally cannot ordinarily function without (this could even include actual, non-pet ESAs).
3. With #2 , airlines and other companies/etc. will be able to successfully differentiate restrictions between true service animals and pets (including pets masquerading as ESAs).

#19
A FlyerTalk Posting Legend
Join Date: Sep 2009
Location: Minneapolis: DL DM charter 2.3MM
Programs: A3*Gold, SPG Plat, HyattDiamond, MarriottPP, LHW exAccess, ICI, Raffles Amb, NW PE MM, TWA Gold MM
Posts: 91,112
The "fully trained" wording is curious since AFAIK the standard for a service animal is that it be trained to perform a specific task for the owner (maybe turn on a light switch or alert when blood sugar is a problem) with no requirement of any further training. A dog could be feral or very badly behaved and if it is trained for just one task, no matter how minor, it's a service animal and no one is allowed to question its training.
The OP seems to suggest that DOT has no problem with DL banning pit bulls (and maybe other breeds) as ESAs, just not as genuine service dogs.
The OP seems to suggest that DOT has no problem with DL banning pit bulls (and maybe other breeds) as ESAs, just not as genuine service dogs.

#20
Join Date: Aug 2002
Location: NYC
Posts: 260
See https://www.flyertalk.com/forum/31398266-post499.html.
New rules are coming. "Officials are developing new rules governing what types of animals will be allowed to accompany passengers on flights and what documentation will be required to determine whether the animal’s presence is a legitimate need. Proposed regulations are expected to be released by the department later this year and it’s possible new rules could be in place next summer or fall, officials said."
New rules are coming. "Officials are developing new rules governing what types of animals will be allowed to accompany passengers on flights and what documentation will be required to determine whether the animal’s presence is a legitimate need. Proposed regulations are expected to be released by the department later this year and it’s possible new rules could be in place next summer or fall, officials said."

#21
Join Date: Feb 2019
Posts: 1,402
[left][left]The "fully trained" wording is curious since AFAIK the standard for a service animal is that it be trained to perform a specific task for the owner (maybe turn on a light switch or alert when blood sugar is a problem) with no requirement of any further training. A dog could be feral or very badly behaved and if it is trained for just one task, no matter how minor, it's a service animal and no one is allowed to question its training.
("you" in this case would be a business owner or employee. as a private passenger one is not legally prohibited from being a big jerk and can ask pretty much whatever you want)

#22
A FlyerTalk Posting Legend
Join Date: Sep 2009
Location: Minneapolis: DL DM charter 2.3MM
Programs: A3*Gold, SPG Plat, HyattDiamond, MarriottPP, LHW exAccess, ICI, Raffles Amb, NW PE MM, TWA Gold MM
Posts: 91,112
IIRC you can only ask if the animal has been trained to perform a specific task, not what the task is.....and you certainly cannot ask for medical information about the human (unless of course fitness to fly or to fly without an accompanying attendant is a potential issue, but that has nothing to do with the service animal or ESA).

#23
Join Date: Jun 2010
Location: Chicagoland
Programs: AA exp 3mm Hertz 5*
Posts: 224

#24
Join Date: Jul 2002
Programs: HH Diamond, MR Plat
Posts: 2,390
Seems like eventually, state governments will get involved. I could see a dog license with a "class", just like driver's licenses. Three classes: Regular, ESA, and Service, with increasing fees for each. You have to provide documentation for ESA and have to present your dog for a "license test" for the service animal.
Eventually the states will see the money making opportunity that goes along with lawmaking related to service and ESA animals. It would be a natural extension of their inherent proclivities to control and collect money. Would also take the onus off of businesses to assess the status of an animal as they could just look at the license and know.
Eventually the states will see the money making opportunity that goes along with lawmaking related to service and ESA animals. It would be a natural extension of their inherent proclivities to control and collect money. Would also take the onus off of businesses to assess the status of an animal as they could just look at the license and know.

#25
Join Date: Nov 2018
Posts: 70
Your Honor... May I present Exhibit A

EXHIBIT A
Delta passenger bitten by emotional support dog couldn’t escape, says attorney
https://www.ajc.com/travel/delta-pas...bVMv68XekCWUL/Umm... it certainly wasn't a poodle or chihuahua.

#26
Join Date: Aug 2002
Location: NYC
Posts: 260
Seems like eventually, state governments will get involved. I could see a dog license with a "class", just like driver's licenses. Three classes: Regular, ESA, and Service, with increasing fees for each. You have to provide documentation for ESA and have to present your dog for a "license test" for the service animal.
Eventually the states will see the money making opportunity that goes along with lawmaking related to service and ESA animals. It would be a natural extension of their inherent proclivities to control and collect money. Would also take the onus off of businesses to assess the status of an animal as they could just look at the license and know.
Eventually the states will see the money making opportunity that goes along with lawmaking related to service and ESA animals. It would be a natural extension of their inherent proclivities to control and collect money. Would also take the onus off of businesses to assess the status of an animal as they could just look at the license and know.

#28
Join Date: Feb 2019
Posts: 1,402
IIRC you can only ask if the animal has been trained to perform a specific task, not what the task is.....and you certainly cannot ask for medical information about the human (unless of course fitness to fly or to fly without an accompanying attendant is a potential issue, but that has nothing to do with the service animal or ESA).
And as for interrogating the human about his/her medical status, well, I'm not sure what that has to do with the animal and it's a big goalpost shift.

#30
FlyerTalk Evangelist
Join Date: Oct 2011
Location: ATL
Programs: DL Scattered Smothered Covered Medallion, Some hotel & car stuff, Kroger Plus Card
Posts: 10,344
EXHIBIT A
Umm... it certainly wasn't a poodle or chihuahua.
Delta passenger bitten by emotional support dog couldn’t escape, says attorney
https://www.ajc.com/travel/delta-pas...bVMv68XekCWUL/Umm... it certainly wasn't a poodle or chihuahua.

+1000
Similar/worse damage can be done by small or "friendly" breeds. I needed stitches and still have a scar on my hand from being attacked by a collie in my own yard. I have a friend who had ligaments or something torn in her lower leg and ankle and spent weeks in a boot/crutches after being bitten by a loose dachshund (yes, one of the tiny ones).
And my own dog spent two weeks in the hospital, came home with more stitches and staples than I could count, and had to have rubber tubes draining liquid from her haunches for a month after being attacked by....a poodle. This was at a daycare and the "instigating action" was my dog taking a drink from the communal water bowl that the poodle thought was "hers".
But I don't think that all collies, dachshunds, and poodles are evil animals that should be euthanized. I perhaps think that people who own dogs should socialize them properly, keep them on leash when out in public, and not falsify information on boarding/temperament documents.
All of these incidents have nothing to do with the breeds. They have everything to do with the individual animal and the training/socialization they've received before getting placed into an unusual situation, whether in the air or on the ground.
