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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 Feb 29, 2016, 6:24 pm
  #106  
 
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Originally Posted by 110pgl
HKG today - zero dogs
I 'had'a doglet in HKG mid year.

Very posh looking family ... canine in open pink designer basket. Security agent made girl owner close the lid and had the basket & hound go through the X-ray. No one spoke up ...

After the radiation therapy, the toy predator re-emerged from the basket and they wandered off to The Wing. Probably more a rich privilege in Asia than the postmodern belief in ESA ... but it amounts to the same.
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Old Feb 29, 2016, 7:52 pm
  #107  
 
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Originally Posted by dachiri
I have no conditions that require a service dog, of any stripe, but my dog *is* small enough to fly in-cabin. When I fly with him, that's where he flies...at my feet, under the seat in front of me. That costs me $75-150 each way, and he counts as my carry-on, so if I don't have status with the airline (and it's not Southwest), I'm also paying to check my bag.
I applaud you for being a sensible pet owner. I haven't had an experience on a plane (yet) with irresponsible pet owners trying to pass them off as an ESA. Though I have seen them in other areas like the grocery store. I know of a mutual friend that bought the fake internet badge/vest for his 2 poodles that serve no emotional support whatsoever. He has readily admitted he got the fake certification so his landlord couldn't kick the dogs out of the apt (where he would have had to pay a substantial pet deposit).
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Old Feb 29, 2016, 9:38 pm
  #108  
 
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Originally Posted by HawaiiTrvlr
..friend that bought the fake internet badge/vest for his 2 poodles that serve no emotional support whatsoever..
What do you mean with fake? I am sure that they do provide emotional support. Most pets do and to a considerable degree.

Is the argument that there are people who do need ESA more urgently or more validly? A law or authority ruling that clearly restricts the certification process does most certainly ask for people to "self identify" as needing these pets.
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Old Mar 1, 2016, 9:44 am
  #109  
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Originally Posted by weero
What do you mean with fake? I am sure that they do provide emotional support. Most pets do and to a considerable degree.

Is the argument that there are people who do need ESA more urgently or more validly? A law or authority ruling that clearly restricts the certification process does most certainly ask for people to "self identify" as needing these pets.
As what was intended by the rule, they are fake. (People are to be under the care of a mental health profession. Online certs were not the intention.) It has gotten so bad, several disability groups have asked the government to revisit the rules.

And you said it.. "pet". That is an automatic disqualification. Per the regs...

Ask the passenger: ‘‘Is this your pet?’’ If the passenger responds that the animal is a service animal and not a pet, but uncertainty remains about the animal, appropriate follow-up questions would include:
—‘‘What tasks or functions does your animal perform for you?’’ or
—‘‘What has it been trained to do for you?’’
—‘‘Would you describe how the animal performs this task (or function) for you?’’


For the most part airlines don't do this.

Living in the south, it does seem that there is a much higher concentration of ESA's here...and oddly enough seems to be a concentration of rich older white women. But I am sure that is just a coincidence.
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Old Mar 1, 2016, 10:14 pm
  #110  
 
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Originally Posted by 110pgl
..People are to be under the care of a mental health profession.
Are they? I am pretty certain you need no certification, not even a 'fake' one to declare your pet a service animal.

But my prospect is actually much more pessimistic - a mental health professional may be able to decorate the certificate with more sophistry but the purpose of wanting a fluffy friend when traveling would not change one iota.
..Ask the passenger: ‘‘Is this your pet?’’ If the passenger responds that the animal is a service animal and not a pet, but uncertainty remains about the animal, appropriate follow-up questions would include:
—‘‘What tasks or functions does your animal perform for you?’’ or
—‘‘What has it been trained to do for you?’’
—‘‘Would you describe how the animal performs this task (or function) for you?’’


For the most part airlines don't do this.
I am pretty sure that they cannot ask this, they would get into severe trouble if they did. This and the fact that the unprovable concepts such as 'emotions' are elevated to the same level of suffering a disabled person experiences, tells me that those who make the rules want them to be abused and intrusive.

I course agree with what you say with the exception of there being legitimate ESAs."
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Old Mar 2, 2016, 3:51 am
  #111  
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Originally Posted by weero
Are they? I am pretty certain you need no certification, not even a 'fake' one to declare your pet a service animal.
....
It is required. Every airline asks for the cert but, as I understand it, rarely - if ever - checks it.

United, for example, asks...

Must be completed by Medical/Mental Health Professional

____I certify that the passenger has a mental health-related disability listed in the Diagnostic and Statistical Manual of Mental
Disorders (DSM-5).
____Having the animal accompany the passenger is necessary to the passenger’s mental health or treatment.
____I am a licensed medical/mental health professional treating the passenger’s mental or emotional disability.
____The passenger is under my professional care.

(United then asks for credentials and contact information of the "professional".)

Originally Posted by weero
...I am pretty sure that they cannot ask this, they would get into severe trouble if they did. This and the fact that the unprovable concepts such as 'emotions' are elevated to the same level of suffering a disabled person experiences, tells me that those who make the rules want them to be abused and intrusive.
...
The quote is from the DOT reg, not the airline, so I would assume they can ask it.
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Old Mar 2, 2016, 10:15 am
  #112  
 
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Originally Posted by 110pgl
It is required. Every airline asks for the cert but, as I understand it, rarely - if ever - checks it.

United, for example, asks...
<SNIP>
The quote is from the DOT reg, not the airline, so I would assume they can ask it.
Yes sure that is for an ESA! For a service animal they cannot ask for documentation to the best of my knowledge.

This is why the cheaters with ESAs should in my view even be more bold and declare them as service animals! Maybe also request a wheel chair to board early....
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Old Mar 2, 2016, 4:05 pm
  #113  
 
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Originally Posted by weero
What do you mean with fake? I am sure that they do provide emotional support. Most pets do and to a considerable degree.

Is the argument that there are people who do need ESA more urgently or more validly? A law or authority ruling that clearly restricts the certification process does most certainly ask for people to "self identify" as needing these pets.
He went online, paid a fee and received little vests for his 2 poodles. He readily admitted that he did not have any note from his healthcare provider and only did it to get out of paying a pet deposit fee at his apt complex.
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Old Mar 2, 2016, 5:01 pm
  #114  
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Originally Posted by weero
Yes sure that is for an ESA! For a service animal they cannot ask for documentation to the best of my knowledge.

This is why the cheaters with ESAs should in my view even be more bold and declare them as service animals! Maybe also request a wheel chair to board early....
ok... I misunderstood your first comment. I was talking about ESA all along.

Sooner or later something will need to be done. My guess would be the airlines will push for it... they are losing 10's of millions in pet fees.
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Old Mar 3, 2016, 6:10 pm
  #115  
 
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Originally Posted by 110pgl
ok... I misunderstood your first comment. I was talking about ESA all along.

Sooner or later something will need to be done. My guess would be the airlines will push for it... they are losing 10's of millions in pet fees.
This decision is bigger than just air travel, I believe. If a society should base privileges and rights on "self identified" items or on quantifiable, testable factoids will in no small part be decided in the US very soon.

Currently, the trend moves away from what you (and I - but I am more removed from it) are hoping for. But it may indeed change.
Originally Posted by HawaiiTrvlr
He went online, paid a fee and received little vests for his 2 poodles. He readily admitted that he did not have any note from his healthcare provider and only did it to get out of paying a pet deposit fee at his apt complex.
Yes I get that.

But you are still the best arbiter of what you emotionally want or 'need'. A mental health professional may not even buy into your 'needs' but has to err within the margins of safety in favour of the patient. Even if they are serious, they add nothing of substance to the problem, if it then is a problem.
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Old Mar 3, 2016, 6:22 pm
  #116  
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Originally Posted by weero
This decision is bigger than just air travel, I believe. If a society should base privileges and rights on "self identified" items or on quantifiable, testable factoids will in no small part be decided in the US very soon.

Currently, the trend moves away from what you (and I - but I am more removed from it) are hoping for. But it may indeed change.
...
All fair points...

Unfortunately, I believe at some point in the future there will be an accident. And some people will lose their lives because of the ESA's. They will simply slow down the process of leaving the plane.

There is a way this goes away quickly... If the FAA requires 90 second evacuation of a plane, including the average number of handicapped, ESA, etc, it will reduce the number of people allowed on the plane... which will lead to the airlines and the manufacturers stepping up to get those numbers down.

How?
1. Require obese people to buy two seats.
2. Crack down on all animals on the plane, especially ESA's. How? Push for tighter standards on ESA's.

This would really be a win for everyone... the people that need ESA's will still be allowed to bring them onboard, without people thinking they are faking... the airlines will gain more revenue from paid pets... non-obese passengers will not get squished.

Will it happen? Maybe/Maybe not.
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Old Mar 3, 2016, 6:27 pm
  #117  
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Originally Posted by 110pgl
Ask the passenger: ‘‘Is this your pet?’’ If the passenger responds that the animal is a service animal and not a pet, but uncertainty remains about the animal, appropriate follow-up questions would include:
—‘‘What tasks or functions does your animal perform for you?’’ or
—‘‘What has it been trained to do for you?’’
—‘‘Would you describe how the animal performs this task (or function) for you?’’[/I]

For the most part airlines don't do this.
Actually, that's not very accurate advice. The passenger can tell you anything they want. They could say their animal is a magical dinosaur pony. They've already established what they need with the airline. I read the actual regulations about this when I saw people whining about this before. What you're saying isn't accurate.

I've been in 4 airports just this week. 0 animals seen. That includes SEA and DEN. Neither are small airports.

Hopefully you do the nonsense above to a former military member and get the result that you deserve.
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Old Mar 3, 2016, 6:57 pm
  #118  
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Originally Posted by ou81two
Actually, that's not very accurate advice. The passenger can tell you anything they want. They could say their animal is a magical dinosaur pony. They've already established what they need with the airline. I read the actual regulations about this when I saw people whining about this before. What you're saying isn't accurate.

I've been in 4 airports just this week. 0 animals seen. That includes SEA and DEN. Neither are small airports.

Hopefully you do the nonsense above to a former military member and get the result that you deserve.
The above is from DOT. It is not advice. Just a repeat of reg.

If you have not seen an animal you are not looking. They are always there. (Once recent FA said to someone near me who asked about the animals 'they are on every flight'. YMMV.)

I AM former military.

I do NOT work for an airline so would not be things I would ask.

Wishing harm on someone is shameful behavior.

The result I deserve, as does everyone, is for the people that need ESA's and follow the rules, get them and those that cheat/scam the system should get booted from the plane and sent a bill.

Not sure why asking cheats to get busted and all to play by the rules is such a bad position that you would wish violence on another flyer.
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Old Mar 3, 2016, 7:58 pm
  #119  
 
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Originally Posted by 110pgl
Not sure why asking cheats to get busted and all to play by the rules is such a bad position that you would wish violence on another flyer.
+1^
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Old Mar 3, 2016, 10:44 pm
  #120  
 
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Originally Posted by HawaiiTrvlr
I applaud you for being a sensible pet owner. I haven't had an experience on a plane (yet) with irresponsible pet owners trying to pass them off as an ESA. Though I have seen them in other areas like the grocery store. I know of a mutual friend that bought the fake internet badge/vest for his 2 poodles that serve no emotional support whatsoever. He has readily admitted he got the fake certification so his landlord couldn't kick the dogs out of the apt (where he would have had to pay a substantial pet deposit).
I *am* a little miffed that he counts as my carry-on. I own an international-airline-compliant rollaboard that will fit in all but the smallest of overhead bins, and could stuff my purse in that, so *that* particular wrinkle miffs me (I could pack 4-5 days of clothes and toiletries plus my MacBook Air and purse in the smaller-than-standard rollaboard, do laundry as necessary at my family's homes, and STILL stuff him under my seat as my "personal item," where my purse would go if I were flying WITHOUT him...if they needed me to gate-check because of limited overhead room, I could pull out the purse, stuff the MacBook and power cord in the purse, and take up only a few square inches of overhead space...). Otherwise, I'm okay with the rules and fees as a deterrent to people flying with their pets willy-nilly (like I sort-of mentioned, I only fly him when it's cheaper than paying for a sitter...$40-50/day for a sitter for a 10-day trip over the holidays is MUCH more expensive than bringing him along)...though it seems that people are finding ways around them, unfortunately.

When I flew with him at Christmas, I had zero troubles departing from DCA. When I checked in, I told them I had a pet reservation I needed to pay for. They peeked over the counter, saw my Sherpa carrier, took my payment, issued me an animal ticket to show to TSA, and sent me on my way (it barely matters since I have Pre-Check and am going through the metal detector instead of the body scan, anyway).

Flying back through PGH, the service was less outstanding. I went up to the counter, just like at DCA, and said I had a pet reservation I needed to pay for. The counter agent rolled her eyes and said "and I suppose this is a service animal." "Um, no, people don't have to pay for service animals on flights. He's flying as an in-cabin pet, under a reservation I made for him 4 months ago, and I'm here to pay for that fee, since your airline won't let me pre-pay it over the phone." She rolled her eyes again and walked away. She came back with a form and said "fill this out and give me your vaccination records." "Sure, I have my vaccination records right here, but that's not actually required for domestic flights." Her: "Give me your vaccination records and fill out this form, or you won't be allowed to bring it on board." Me: "Fine, I'm not refusing, this is all just not standard." Her: "It's standard for our airline." I glanced at the top of the form, and it was titled "Pet Record for International Travelers." She then weighed my dog in his carrier, and seemed a bit miffed that he came up just shy of 20 pounds, saying "you know we have a weight limit of 20 pounds for in-cabin pets." Me: "I do, and he only even comes close to that because you weighed him in the carrier, which weighs about 3 pounds on its own. He's just under 16 pounds without the carrier, which has his leash, harness, and a small bag of treats in it, as well." After all that, she handed me my receipt for him without even looking at me.

Also, while grocery stores and restaurants (indoors) are no-gos for dogs and people who abuse that suck, some other businesses do welcome pets. My favorite bar (no food service) welcomes dogs. It never fails that when I'm hanging out there (with or without my dog), someone comes in and complains that there are dogs there. Fortunately, the bar staff there just brings their attention to the sign on the door that says "well behaved canines are welcome, but we might judge the owner" and refer them to multiple bar/restaurants within a block that do not allow dogs inside. In my mind, that's not terribly different from the restaurants that bar anyone under 18 or 21 after 8 or 9 PM. It's a certain environment. If you want something else, GO somewhere else.
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