[Njagdu] interesting article from my agencies quarterly newsletter, Heightened Independence and Progress (hip)

[Patricia Ebel]

January 21, 2015. 

Service Animals
vs. Emotional Support Animals

by Maggie Redden

Can you bring a llama to the store with you? Can you take a monkey, cat, or
horse to work? Can pigs fly? While bringing these animals into public places
may seem far-fetched, it isn't. On November 26, 2014, a woman and her
"emotional support" pig, were booted off an airline after the pig became
restless; howling and defecating in the aisle. This is a rare occurrence.
What has become commonplace is that the definition of service animals and
emotional/therapy animals is being interchanged and misinterpreted.

As stated on the ADA National Network website, "A service animal means any
dog that is individually trained to do work or perform tasks for the benefit
of an individual with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental disability"
(https://adata.org/publication/service-animals-booklet). Service animals
such as guide dogs and dogs trained to assist individuals with hearing or
psychiatric issues are protected under Title II of the ADA. In some cases,
miniature horses are approved service animals.

A person with a service animal cannot be asked about their disability. The
only questions that can be asked are: Is the animal required because of a
disability, and what work or task has the animal been trained to perform?
This is where the waters get murky because a public accommodation or
facility also cannot ask for proof that the animal has been trained or is
licensed. This leaves the door open for emotional support, therapy, and
regular pets to pass as service animals, even though they are not protected
under the ADA.

While entities may request documentation for emotional support animals, a
quick Google search reveals that obtaining such paperwork is quite easy. The
National Service Animal Registry (NSAR) provides information on how to get a
pet classified as an emotional support animal. For just $65 your pet can be
added to the registry and you get two ID cards, leash clips, and a registry
certificate, complete with an embossed seal. No worries if your psychiatrist
doesn't want to write a letter confirming your disability - that can be
obtained online for a fee as well (http://www.courant.com/news/connecticut).
Is this practice lawful?

The U.S. Department of Transportation's Air Carrier Access Act defines a
"service animal" as "any animal that is individually trained or able to
provide assistance to a qualified person with a disability; or any animal
shown by documentation to be necessary for the emotional well-being of a
passenger (http://www.courant.com/news/connecticut)." The pig's owner called
the airline ahead of time to make sure that she obtained all approvals
necessary, because she knew traveling with an emotional support pig was out
of the ordinary.

There is no doubt that the pig misbehaved and dismissing pig and owner was
within the airlines right. But beyond that, was the owner truly at fault?
Distinguishing between a service animal, which is trained to perform
specific functions and an emotional support animal, which only requires
medical documentation but no specific training, can be difficult and
requires tact. Existing laws pertaining to service animals and emotional
support animals are vague and open to interpretation. Where does the line
get drawn? Does the line need to be re-defined and who is going to make that
call? These are all questions that impact those individuals with
disabilities who have a legitimate need for a service animal.

 

 

 

 

 

 

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