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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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Last edit by: StartinSanDiego
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 Mar 9, 2019, 6:02 am
  #481  
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Originally Posted by mmff
There are only 2 categories: pet and service animal. An ESA is a pet.
I have a friend whose daughter has attempted suicide twice. This has stopped since she got and travels with an ESA. the old rules were lax. American is now calling the doc to confirm it is for a real reason
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Old Mar 9, 2019, 6:05 am
  #482  
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Originally Posted by Global321
And there in lies the problem...

All pets are, by definition, ESA's. Why else would you have a pet unless it boosted the owner's emotional well being... aka provides emotional support.

ESA's should be eliminated from the disability laws and the true ESA animals - such as those that eliminate medications and PTSD, etc - should be placed within the real support animals where there are rules and regulations in place.
Actually they are now. Psychiatric service dogs are included and owners can train them
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Old Mar 11, 2019, 12:39 pm
  #483  
 
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Emotional support animals

All animals should go in cargo hold. Unless you are legally blind. Then seeing eye dog ok. Only if the dog is small enough to fit in a carrier. No other type of animal allowed.
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Old Mar 11, 2019, 8:11 pm
  #484  
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Originally Posted by 315sierra
All animals should go in cargo hold. Unless you are legally blind. Then seeing eye dog ok. Only if the dog is small enough to fit in a carrier. No other type of animal allowed.
Thankfully that's not how it works in our country and there are laws that protect the right to keep an emotional support animal with you regardless of venue and I support that 100%
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Old Mar 11, 2019, 10:24 pm
  #485  
 
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Originally Posted by 315sierra
All animals should go in cargo hold. Unless you are legally blind. Then seeing eye dog ok. Only if the dog is small enough to fit in a carrier. No other type of animal allowed.
You do realize there are other service animals that are legitimate right? There are cats that can detect subtle changes in our bodies just before strokes... There are dogs while assist with deaf people (rare but they exist)... There are legitimate ESAs That help with veterans and autistic people. The problem is that there are a lot of people who are trying to game the system.

I've said it before in this thread or another, you need a system to track those who abuse the system and those doctors who enable them. As a doctor, if your name comes up once linked to a fake ESA, fine... You got fooled. It comes up 5-10 times, either you are Incompetent or you are just trying to make some extra scratch... Either way, you lose the right to authorize ESAs. (if you want to make it legitimately harsh, your past ESA authorizations invalidate as well) With a centralized passenger blacklist shared among all airlines, the consequences would mean if you want to travel with your pet, it will go as a pet regardless of airline. You would have to pass a high bar to qualify to bring an ESA onboard again.

Some people hate the additional administration required for this, but unless you have real consequences, those ESA churning doctors or people who abuse legit ESAs won't stop...
​​​​​
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Old Mar 12, 2019, 10:13 am
  #486  
 
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Originally Posted by Gadot
I have a friend whose daughter has attempted suicide twice. This has stopped since she got and travels with an ESA. the old rules were lax. American is now calling the doc to confirm it is for a real reason
Unless the dog has received training to be a service animal and behaves as such in crowded environments and under stress, it belongs in the cargo hold. If your friend's daughter cannot fly without the company of a large untrained animal roaming free in the cabin, then she shouldn't fly commercial.
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Old Mar 12, 2019, 7:42 pm
  #487  
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Originally Posted by Gadot
I have a friend whose daughter has attempted suicide twice. This has stopped since she got and travels with an ESA. the old rules were lax. American is now calling the doc to confirm it is for a real reason
Originally Posted by Gadot
Actually they are now. Psychiatric service dogs are included and owners can train them
ESA should be replaced and eliminated. As both your examples show, real ESAs are service animals and should be pushed into service animal bucket. Requirements are relatively simple... a specifically trained animal and/or ongoing in-person psychiatric care. All other pets are indeed ESA's.
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Old Mar 12, 2019, 10:54 pm
  #488  
 
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I know this thread is about illegitimate ESA's onboard, but if a person actually pays to have the pet on board and meets the size qualifications, do you still have the issue of being on board in the cabin?
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Old Mar 13, 2019, 7:29 am
  #489  
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Originally Posted by teddybear99
I know this thread is about illegitimate ESA's onboard, but if a person actually pays to have the pet on board and meets the size qualifications, do you still have the issue of being on board in the cabin?
For me, if the airline allows it and you pay, then fine. But even then, the rules state the animal is to be kept in the carrier, which eliminates most the problems.

I believe where most people object, as do I, is people lying and getting an additional benefit and, in many cases, creating an uncomfortable situation.

It becomes a moral dilemma... why pay several hundred dollars to travel with your ESA pet one time, when for less than $99 and a lie, the airlines allow you to travel all year with your ESA pet?
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Old Mar 13, 2019, 11:23 am
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Originally Posted by teddybear99
I know this thread is about illegitimate ESA's onboard, but if a person actually pays to have the pet on board and meets the size qualifications, do you still have the issue of being on board in the cabin?
I have no issues with pets on board if they're inside their carriers and said carriers do not detract from the legroom I paid for.
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Old Mar 13, 2019, 5:34 pm
  #491  
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Originally Posted by Global321
ESA should be replaced and eliminated. As both your examples show, real ESAs are service animals and should be pushed into service animal bucket. Requirements are relatively simple... a specifically trained animal and/or ongoing in-person psychiatric care. All other pets are indeed ESA's.
Global.
Agree with "on-going psychiatric care". I think now the letters have to be written by a medical person in psychiatric field.
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Old Mar 14, 2019, 11:49 pm
  #492  
 
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These weren't service dogs, they had the scam 'Emotional Support Dog" vests on. She was the one claiming that they were service dogs. She extra stuff was beds and play toys for the dogs. Clearly a dilusonal person.
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Old Mar 15, 2019, 8:49 am
  #493  
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Originally Posted by mmff
I have no issues with pets on board if they're inside their carriers and said carriers do not detract from the legroom I paid for.
Interesting that you responded to that guy's question to the other user. Are you using two accounts?
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Old Mar 16, 2019, 10:28 am
  #494  
 
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Originally Posted by ou81two
Interesting that you responded to that guy's question to the other user. Are you using two accounts?
I asked the question because I do follow the rules when traveling with my pet. He is Emotional Support for my wife who has Stage 4 Cancer, but I pay anywhere from $150 up to $300 depending on type of travel (DOM or INTL) to bring him onboard and he stays in the carrier. There was one time where his weight exceeded the maximum allowed of 20 lbs. and we canceled our trip because we did not want him to go in the hold. Delta was very nice about it and waived the cancellation/change fees for us. We flew a few weeks later after we had him drop the 2 lbs. he was over.
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Old May 31, 2019, 8:51 pm
  #495  
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Delta Airlines Sued After Emotional Support Dog Attacked Passenger

An Atlanta man is suing Delta for an unspecified amount after allegedly being attacked by an animal support dog on a flight in 2017. The man, Marlin Jackson, says Delta was negligent regarding keeping passengers safe and on-board animals in proper restraints. Jackson says the dog attacked him while he was sitting in his window seat, and the dog pinned him to the window and bit his face several times.

https://www.flyertalk.com/articles/d...og-attack.html
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