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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 Dec 12, 2019, 9:30 pm
  #526  
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Originally Posted by MSPeconomist
This could provide an interesting test of whether emotional support animals or human passenger allergies have priority. If someone is severely allergic to bee stings, the idea of sharing a plane with a whole hive of these guys would be truly scary and for good reason.

BTW the bees for emotional support story has been picked up by TV news.
I am allergic to bees. I believe 100% they would make me switch flights.

I have been on the plane when people have said they have dog allergies... they are the ones that must move. And usually to a less nice seat. (middles, back of the bus)
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Old Dec 15, 2019, 6:53 am
  #527  
 
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i assume that a passenger has any number of valid reasons for not wanting to sit in the proximity of an animal. Maybe the passenger with the animal can be assigned a different seat? What if i am concerned about sitting next to a person that has emotional issues requiring an animal for support? Is that a valid concern?
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Old Dec 15, 2019, 7:29 am
  #528  
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Originally Posted by lamphs
i assume that a passenger has any number of valid reasons for not wanting to sit in the proximity of an animal. Maybe the passenger with the animal can be assigned a different seat? What if i am concerned about sitting next to a person that has emotional issues requiring an animal for support? Is that a valid concern?
You will be moved in each case.

Even if you have a note from a doctor saying you have allergies/being treated for anxiety around animals/fear of xxx/anxiety of yyy... you will be moved.

Maybe if you had a note ahead of time from your doctor, but I doubt it.
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Old Jan 21, 2020, 2:35 pm
  #529  
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Emotional support animals cause problems for service dogs

No surprise here.

In the Pittsburgh Post-Gazette:
Pet Tales: Emotional support animals cause problems for service dogs

***

Eighty organizations have written a letter to U.S. Department of Transportation Secretary Elaine L. Chao asking that the federal agency adopt new rules that clearly define service animals and allow airlines to bar untrained emotional support animals from accompanying their owners on planes.

***

As a result of this bad behavior, organizations that train real service dogs say their animals are increasingly being denied access to restaurants, schools, hospitals, hotels and other public places.

The Aug. 9 letter to the DOT is signed by Leader Dogs for the Blind, Guide Dog Foundation, Patriot Paws Service Dogs, America’s VetDogs, Canine Companions for Independence, Susquehanna Service Dogs and Paws With A Cause. Other signers include the American Kennel Club, American Veterinary Medical Association, Air Line Pilots Association, Association of Flight Attendants and Global Business Travel Association.

***

Lori Stevens, Patriot Paws’ founder and director, said the 14-year-old nonprofit places 10-15 dogs with veterans each year and that 100 more veterans are on the waiting list. She said an untrained emotional support dog attacked a Labrador retriever working with a veteran in an airport. Afterward, the service dog became fearful around other dogs and could no longer work with the veteran, she said.

***
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Old Jan 22, 2020, 7:30 am
  #530  
 
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Yep. People are just putting high vis vests on their dogs and saying they are anxiety dogs or whatever. Absolute nonsense
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Old Jan 22, 2020, 8:10 am
  #531  
 
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My niece has severe anxiety and depression. Her service dog has been a life-saver. Technically the dog is there for "emotional support" but it is a fully trained and licensed dog. I think any dog acting as any type of service or therapy dog (or any animal for that matter) should be required to be licensed and have that license prominently displayed on the dog's vest.
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Old Jan 22, 2020, 8:12 am
  #532  
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Licensed by what organization? It will be like the stupid vests that anyone can buy on the internet.
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Old Jan 22, 2020, 10:09 am
  #533  
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At one point I thought that if airline checked-in luggage allowance included transport of a checked-in pet for no additional charge, then this animal situation in planes would work out better. But now I think that so many people have gotten into the habit of gaming the ESA thing to bring their pets into the plane that they will not easily give up bringing the pets into the passenger cabin with them.

Whatever approach US DOT takes on this, they should also consider that there are people who come to the US from abroad with service animals too.
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Old Jan 22, 2020, 12:57 pm
  #534  
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Emotional support animals could be banned from planes under DOT rule

Hope this is the right place to post this.

The U.S. Department of Transportation Wednesday released a proposed rule that would let airlines ban most "emotional support" animals in airplane cabins and board only specially trained service dogs to assist people with disabilities.

Directed as part of the FAA Reauthorization Act of 2018, the draft rule would replace one that requires airlines to allow the boarding of sometimes unusual creatures to provide emotional support for a passenger.

Cats, rats, capuchin monkeys and any animal other than a dog would not qualify as a service animal under the rule, which would limit the number of service animals a passenger can bring to two.

The rule makes clear that while emotional support animals are on the outs, psychiatric service animals would be considered service animals, as long as they had the same training and treatment as other service animals.

Airlines would also be allowed to require passengers traveling with service dogs to fill out Department of Transportation forms attesting to the service animal’s good behavior, certify its good health, and, if the flight is particularly long, assure that the animal can either control its bladder or relieve itself in a sanitary manner.

Emotional support animals could be banned from planes under DOT rule
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Old Jan 22, 2020, 1:33 pm
  #535  
 
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FINALLY!!!!!!! We all know too many people who flagrantly "game" the system to bring their pets on board. This is a real disservice to the disabled who NEED a hearing or seeing or seizure dog to help.
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Old Jan 22, 2020, 1:53 pm
  #536  
 
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I have bipolar disorder but I have a hard time understanding why someone needs an ESA or a psychiatric service animal.
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Old Jan 22, 2020, 4:15 pm
  #537  
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Update:

The Washington Post:
Department of Transportation proposes ban on emotional support animals on planes

***

The proposed rules, years in the making, narrow the definition of service animal to dogs that have received individualized training to do work or perform tasks for a person with a disability. Psychiatric services animals, which had not previously been classified as service animals, will now be included under DOT’s proposal.

***

Service animals are those that have been trained to perform a certain function, and under the Americans With Disabilities Act, reasonable accommodations must be made for a person using one. No training is required for emotional support animals, which has led some to question their legitimacy.

Transportation Department officials said they limited the definition of service animal to dogs because the vast majority of service animals are canines. However, they said they are open to those who think the definition should be expanded to include other types of animals trained for service. Members of the public will have 60 days to comment on the proposed rule.

DOT officials noted that the proposed rule doesn’t prohibit people from flying with emotional support animals but the decision will be left to the airlines.

***
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Old Jan 22, 2020, 8:57 pm
  #538  
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And in The New York Times:
U.S. Plan Would Ban All Service Animals From Planes Except Dogs

***

The proposals would also require passengers to check in early, and have their animal be leashed, well behaved and fit in the owner’s foot space. The rules would also limit the number of service animals for each passenger to two.

Fines and a possible jail term would be the consequence of knowingly lying on the federal form needed to attest to the animal’s training.

***

Kenneth Mendez, the president of the Asthma and Allergy Foundation of America, said the proposed rules might help curb some of the abuses by people taking animals on airplanes and saying they were there for emotional support.

“But you also have to take into account those passengers with asthma and allergies, and there is a growing number of animals on airplanes,” he said in a telephone interview.

***
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Old Jan 22, 2020, 10:55 pm
  #539  
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The fear of incarceration should set some people straight and end a bunch of these pet games.

..... I guess there may go my chance of seeing a live turkey on my flights.
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Old Jan 23, 2020, 10:36 am
  #540  
 
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Originally Posted by TWA884
“But you also have to take into account those passengers with asthma and allergies, and there is a growing number of animals on airplanes,” he said in a telephone interview.
THIS . It has been very frustrating to be seated next to a "support" or "service" pet that is shedding or smells or inflames my allergies. True service animals, I deal with. And my experience is that people with true service animals are beyond courteous as are their animals.
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