Posted in Air carrier access act, disability civil rights, Service animals

Delta Airlines is Cracking Down on “Emotional Support” Animals

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In my last few flights, I’ve definitely seen an increase in the number of canine passengers.  While I admittedly find them quite entertaining, I have also seen them get riled up and become aggressive. When I’ve asked if they are “service animals,” the owners have always lowered their eyes and mumbled that they are “emotional support” animals.

As I’ve mentioned in previous posts, this is a difficult issue under the Americans with Disabilities Act (ADA). That law clearly allows people with disabilities to be accompanied by service animals at stores, restaurants, etc. In addition, people with service animals generally cannot be made to show any “papers” or other documentation backing up their claims that the animal assists them with disabilities. And as long as the animal does not become unruly or aggressive, he and his owner cannot be told to leave the premises.

Emotional support animals, however, generally do not help with specific tasks, but their mere presence is said to be a comfort and anxiety-reducer for their owners.  This may be a very legitimate function for these animals, but emotional support animals are specifically excluded from the ADA.

They are not, however, excluded from the Air Carrier Access Act, which is the law that governs disability issues on passenger airlines. https://www.transportation.gov/airconsumer/passengers-disabilities

This law makes airplanes potentially much more freewheeling than restaurants or department stores. As the article below indicates, this has led to service pigs, service possums and even service snakes being allowed to board without challenge.

So what could go wrong? Not surprisingly, some of these animals have become aggressive and caused injury. That is why Delta is launching a new policy, requiring much more stringent documentation for emotional support animals on its flights.

We will see how it goes, but Delta is to be applauded for trying to put some order into the chaos that sometimes reigns in these airborne menageries. Not only may it restore some order, but it should help ease some of the stigma suffered by people with genuine disabilities, who are often thought to be abusing the law.

And I believe that the author of this ABC news story just made a typo in the second paragraph when he wrote that Delta will start requiring documentation that the animals are “trained and aggressive.” Remember, Spellcheck doesn’t catch everything !

http://abcnews.go.com/US/delta-air-lines-imposes-rules-tightening-leash-support/story?id=52469837

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Author:

I am an attorney with a disability, and I co-teach a class on disability law. But because laws are just words, I would like to learn and convey more of the real world of living with a disability in the 21st Century.

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