[NAGDU] FYI Article: Delta's ban on pit bull service and support animals faces challenges

[Michael Hingson]

Delta's ban on pit bull service and support animals faces challenges
Article Link:
https://www.ajc.com/business/delta-ban-pit-bull-service-and-support-animals-
faces-challenges/jGLL0GQMZYiUMyscZxQeQK/
Delta Air Lines' recently announced policy to ban pit bulls as service or
support
animals<https://www.ajc.com/business/delta-limits-emotional-support-animals-
prohibits-pit-bulls-service-support-animals/P85e8XOYLDE1O2U56yMbrK/>
has prompted challenges from some who say the policy is discriminatory and
may not be legal.
Atlanta-based Delta announced Wednesday that it would prohibit pit bulls as
service or support animals on flights, effective July 10.
Delta said the latest policy changes are due to "growing safety concerns"
after two employees were bitten by a passenger's emotional support
animal<https://www.ajc.com/business/delta-limits-emotional-support-animals-p
rohibits-pit-bulls-service-support-animals/P85e8XOYLDE1O2U56yMbrK/>
last week.
But some groups have challenged the new Delta policy.
And the U.S. Department of Transportation issued a statement Friday saying:
"A limitation based exclusively on breed of the service animal is not
allowed under the Department's Air Carrier Access Act regulation."
An airline can refuse to carry service animals based on factors precluding
the animal from traveling in the cabin, "such as the size or weight of the
animal, whether the animal would pose a direct threat to the health or
safety of others" and other factors.
The DOT said it will investigate complaints from passengers alleging an
airline denied them travel by air with a service dog, and determine whether
the law was violated.
The Animal Farm Foundation said in a written statement that Delta's policy
"discriminates against people with disabilities who need service dogs. It
denies them access to travel and access to living the same lives as everyone
else."
At issue is the Air Carrier Access Act, which governs service animals on
airlines.<https://www.myajc.com/business/delta-mauling-puts-focus-support-an
imal-rules/2gwdBZtd30KZssvyaroAbL/>
The Animal Farm Foundation, which has a service dog program, said Delta is
"breaking ACAA regulations" because nothing in the regulations permits the
airline to deny pit bulls as service dogs.
Humane Society of the United States acting president Kitty Block issued a
statement saying "Federal laws in place to protect emotional support and
service animals do not discriminate based on breed," but instead on the
behavior of an individual animal.
It's not the first time Delta has faced opposition to a new policy on
service or support
animals<https://www.ajc.com/business/after-criticism-delta-tweaks-new-servic
e-animal-policy/OHxtNgrr3GqDzq5JdPDDsL/>.
Earlier this year, Delta faced criticism from groups representing blind
people, and responded by tweaking its new
policy<https://www.myajc.com/business/after-mauling-delta-tightens-emotional
-support-animal-restrictions/hwFsPwdoPeestGZ6b9or8N/>
for travelers with service animals.
Delta was planning to require those with service or support
animals<https://www.myajc.com/business/after-mauling-delta-tightens-emotiona
l-support-animal-restrictions/hwFsPwdoPeestGZ6b9or8N/>
to submit veterinary health forms or immunization records online 48 hours in
advance.
But the National Federation of the Blind and the American Council of the
Blind said the restrictions were onerous and "violate the principle of equal
access" for those with disabilities. As a result, Delta said for those with
service animals, it would not require the submissions 48 hours in advance.
The federal government is in the middle of examining the question of how
airlines handle service animals and closely support animals.
The U.S. Department of Transportation is taking public
comments<https://www.ajc.com/business/dot-seeks-public-comments-emotional-su
pport-animals-service-animals-flights/fq8nK6mjs8n2Xl1OgNvTGI/>
on whether there should be a distinction between emotional support animals
and other service animals, whether emotional support animals should be
required to travel in a carrier throughout a flight, whether certain species
should be limited, and other issues.[Michael Hingson] 

 

 

Best Regards,

 

 

Michael Hingson

 

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