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The Definitive Discussion of Emotional Support Animals on Airlines

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Old Dec 21, 2015, 9:01 pm
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THIS THREAD IS NOW ARCHIVED. PLEASE CONTINUE THE DISCUSSION HERE: https://www.flyertalk.com/forum/travelbuzz/2032204-support-animals-cabin-2021-onwards.html


Service and Support Animals (Updated)


Wednesday, December 2, 2020WASHINGTON – The U.S. Department of Transportation today announced that it is revising its Air Carrier Access Act (ACAA) regulation on the transportation of service animals by air to ensure a safe and accessible air transportation system. The final rule on Traveling by Air with Service Animals can be found HERE.

The Department received more than 15,000 comments on the notice of proposed rulemaking. The final rule announced today addresses concerns raised by individuals with disabilities, airlines, flight attendants, airports, other aviation transportation stakeholders, and other members of the public, regarding service animals on aircraft.

The final rule:
  • Defines a service animal as a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability;
  • No longer considers an emotional support animal to be a service animal;
  • Requires airlines to treat psychiatric service animals the same as other service animals;
  • Allows airlines to require forms developed by DOT attesting to a service animal’s health, behavior and training, and if taking a long flight attesting that the service animal can either not relieve itself, or can relieve itself in a sanitary manner;
  • Allows airlines to require individuals traveling with a service animal to provide the DOT service animal form(s) up to 48 hours in advance of the date of travel if the passenger’s reservation was made prior to that time;
  • Prohibits airlines from requiring passengers with a disability who are traveling with a service animal to physically check-in at the airport instead of using the online check-in process;
  • Allows airlines to require a person with a disability seeking to travel with a service animal to provide the DOT service animal form(s) at the passenger’s departure gate on the date of travel;
  • Allows airlines to limit the number of service animals traveling with a single passenger with a disability to two service animals;
  • Allows airlines to require a service animal to fit within its handler’s foot space on the aircraft;
  • Allows airlines to require that service animals be harnessed, leashed, or tethered at all times in the airport and on the aircraft;
  • Continues to allow airlines to refuse transportation to service animals that exhibit aggressive behavior and that pose a direct threat to the health or safety of others; and
  • Continues to prohibit airlines from refusing to transport a service animal solely based on breed.
The final rule will be effective 30 days after date of publication in the Federal Register.
Previous rule:

The main requirements of Part 382 regarding service animals are:

• Carriers shall permit dogs and other service animals used by persons with disabilities to accompany the persons on a flight. See section 382.55(a)(1–2).—Carriers shall accept as evidence that an animal is a service animal identifiers such as identification cards, other written documentation, presence of harnesses, tags or the credible verbal assurances of a qualified individual with a disability using the animal.
—Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation or to comply with FAA regulations.

• If a service animal cannot be accommodated at the seat location of the qualified individual with a disability whom the animal is accompanying, the carrier shall offer the passenger the opportunity to move with the animal to a seat location in the same class of service, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel in the cargo hold (see section 382.37(c)).

• Carriers shall not impose charges for providing facilities, equipment, or services that are required by this part to be provided to qualified individuals with a disability (see section 382.57).



To determine whether an animal is a service animal and should be allowed to accompany its user in the cabin, airline personnel should:

1. Establish whether the animal is a pet or a service animal, and whether the passenger is a qualified individual with a disability; and then
2. Determine if the service animal presents either
• a ‘‘direct threat to the health or safety of others,’’ or
• a significant threat of disruption to the airline service in the cabin (i.e. a ‘‘fundamental alteration’’ to passenger service). See 382.7(c).

full text can be found: here.



United policy on Emotional Support Animals: https://hub.united.com/united-emotio...530539164.html

Delta policy on Emotional Support Animals: https://www.delta.com/content/www/en...e-animals.html

American Airlines policy on Emotional Support Animals: https://www.aa.com/i18n/travel-info/...ce-animals.jsp

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The Definitive Discussion of Emotional Support Animals on Airlines

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Old Jun 4, 2017, 8:47 pm
  #331  
 
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Originally Posted by SeaHawg
I hope the affected passenger sues the pants off the owner of that dog.
The doctor/psychologist/social worker should be called on to justify the need for the support dog. If it is found there is no justifiable need, the mental health professional should be financially responsible and lose his/her license. That would likely clean up the easy access to letters.
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Old Jun 4, 2017, 8:49 pm
  #332  
 
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Originally Posted by ty97
Considering that they are emotional support animals, I'm not sure this statement is correct without being a medical professional who treats the passenger.

That said, yes, the abuse of the accommodation has obviously gotten out of hand in general.
Well any animal that is meant to assist with a medical condition should be subject to training, even if just an (legitimate) ESA. This animal clearly was not.
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Old Jun 4, 2017, 8:51 pm
  #333  
 
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Originally Posted by CJKatl
The doctor/psychologist/social worker should be called on to justify the need for the support dog. If it is found there is no justifiable need, the mental health professional should be financially responsible and lose his/her license. That would likely clean up the easy access to letters.
Agreed - It is a loophole so large you could fly an A380 through. Time to tighten it up significantly and lay down better rules for on-board pets.
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Old Jun 4, 2017, 8:52 pm
  #334  
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Originally Posted by CJKatl
The doctor/psychologist/social worker should be called on to justify the need for the support dog. If it is found there is no justifiable need, the mental health professional should be financially responsible and lose his/her license. That would likely clean up the easy access to letters.
in most states It would be a violation writing such a letter without an established patient/doctor relationship. Also in most states that can't be established without a in-person appointment. Thus I hope the doctor gets sued and punished by the state medical board.
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Old Jun 4, 2017, 9:10 pm
  #335  
 
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Originally Posted by flyerCO
I hope the doctor gets sued and punished by the state medical board.
I happened to fly back with the same crew.

They say the dog's owner is a combat vet whose PTSD diagnosis was in his PNR. He cradled the dog in the gate area saying, "I know they're going to put him down!"

Bridget Maddox-Peoples quoted in the story is a former police officer.
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Old Jun 4, 2017, 9:13 pm
  #336  
 
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Originally Posted by LegalTender
I happened to fly back with the same crew.

They say the dog's owner is a combat vet whose PTSD diagnosis was in his PNR. He cradled the dog in the gate area saying, "I know they're going to put him down!"

Bridget Maddox-Peoples quoted in the story is a former police officer.
Call me cold, but I don't think being a combat veteran should be a substitute for responsible dog ownership/training. Having an aggressive dog in public is a true threat to public safety, and disrespectful to the safety of one's fellow citizens.

The passenger being a veteran makes more sense for this story. If Delta refused the dog or worse, the media would jump on this claiming Delta hates combat veterans, hates our military, and burns an American flag onboard every flight. Even if the dog attacked someone, the general public either wouldn't care or would never learn that important part of the story.
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Old Jun 4, 2017, 9:13 pm
  #337  
 
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Originally Posted by WWads
Well any animal that is meant to assist with a medical condition should be subject to training, even if just an (legitimate) ESA. This animal clearly was not.
I haven no idea what training/certification this dog did or did not go through, but agreed with you regarding the need (and I hope it's a requirement though I'm not familiar enough to say whether it is or not)
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Old Jun 4, 2017, 9:14 pm
  #338  
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Originally Posted by LegalTender
I happened to fly back with the same crew.

They say the dog's owner is a combat vet whose PTSD diagnosis was in his PNR. He cradled the dog in the gate area saying, "I know they're going to put him down!"

Bridget Maddox-Peoples quoted in the story is a former police officer.
Then I hope for the vets sake there's more to story then just dog mails without reason. Also if he got the dog out of town then there's nothing the state can do to force the dog to be returned. Not sure if he lives in ATL or was connecting.
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Old Jun 4, 2017, 9:18 pm
  #339  
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What makes people think there was any kind of doctor's letter? From what I've seen, all that has to happen is the pax says it's an ESA, and the airlines are afraid to say a word.
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Old Jun 4, 2017, 9:21 pm
  #340  
 
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Originally Posted by Doc Savage
What makes people think there was any kind of doctor's letter? From what I've seen, all that has to happen is the pax says it's an ESA, and the airlines are afraid to say a word.
A doctor's letter is required for all emotional service animals without exception. If any part of the letter is not in order, the animal is almost always refused (or Delta offers to accept the animal as a pet-in-cabin for $125 if small enough). I haven't known Delta to be lenient at all when it comes to ESAN documentation requirements.

The letter must:
  • be dated within one year
  • printed on medical professional's letterhead
  • says the customer requires a support animal as accommodation for air travel or for use at destination
  • says the customer has a disability recognized in the DSM
  • says the individual making the assessment is a licensed medical or mental health professional and the customer is currently under his or her care
  • have signature, address, phone number, type of professional's license, and jurisdiction.

If even one of those requirements above is missing, the ESA gets refused. Most letters I see are identically templated with all the required info.
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Old Jun 4, 2017, 9:22 pm
  #341  
 
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I doubt the dog will be allowed again in any airline cabin.
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Old Jun 4, 2017, 9:24 pm
  #342  
 
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Originally Posted by Widgets
Call me cold, but I don't think being a combat veteran should be a substitute for responsible dog ownership/training. Having an aggressive dog in public is a true threat to public safety, and disrespectful to the safety of one's fellow citizens.

The passenger being a veteran makes more sense for this story. If Delta refused the dog or worse, the media would jump on this claiming Delta hates combat veterans, hates our military, and burns an American flag onboard every flight. Even if the dog attacked someone, the general public either wouldn't care or would never learn that important part of the story.
Not cold at all. Veteran or not, there are certain acceptable norms when flying in a cramped metal tube, and a pet owner is ultimately responsible for the actions of his/her pet. There are alternatives such as driving to your destination if that responsibility is too much of a burden.
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Old Jun 4, 2017, 9:26 pm
  #343  
 
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Originally Posted by SeaHawg
Not cold at all. Veteran or not, there are certain acceptable norms when flying in a cramped metal tube, and a pet owner is ultimately responsible for the actions of his/her pet. There are alternatives such as driving to your destination if that responsibility is too much of a burden.
This. Flying is a privilege, and at some point, special allowances go too far, to the point of violating the rights of other passengers. This would be that point.
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Old Jun 4, 2017, 9:28 pm
  #344  
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Originally Posted by LegalTender
I doubt the dog will be allowed again in any airline cabin.
After law enforcement clearance was allowed to fly on with dog in kennel. Starting to make me wonder if there's more to story as more bits come out.
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Old Jun 4, 2017, 9:30 pm
  #345  
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Originally Posted by WWads
Yeah. The animal almost certainly should be put down in this case. Hopefully law enforcement takes care of that (assuming the details of the story are accurate).
No. The dog should not be put down. One dog bite does not mean the dog is a killer.

This notion that a dog bite must result in the animal being destroyed is STUPID.

You want to fine/sue the owner and the airline, fine. Do it.
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