Call Us Toll-Free:
877-239-4480

service dog

Flying with an Emotional Support Animal? Airlines no longer required to give ESAs in-cabin access.

Posted by DanaMarie Pannella on December 3, 2020   |   Comments Off on Flying with an Emotional Support Animal? Airlines no longer required to give ESAs in-cabin access.

Yesterday, the U.S. Department of Transportation (DOT) announced revisions to the Air Carrier Access Act (ACAA) rule on the transportation of “emotional support” and service animals on airplanes. This decision comes after years of tension surrounding emotional support animals being allowed to fly in plane cabins for free.

Unlike service animals, there is no requirement that emotional support animals have any kind of training. There is also no restriction on the type of animal that provides emotional support, while service animals are dogs or, in limited cases, miniature horses. In recent years, individuals have attempted to bring a range of animals, including turtles, a pig, a squirrel, and even a peacock, onto flights as emotional support animals.

The new rule is in keeping with the Americans with Disabilities Act in that airlines can treat emotional support animals as pets and do not need to give such animals public access rights. Now, airlines must only allow task-trained service dogs to fly for free in plane cabins. Airlines are also permitted to require that the service dog fit within the handler’s foot space, which means they can preclude service miniature horses.

DOT also stood by its earlier decision that prohibits airlines from banning service animals who are of a certain breed. Delta currently bans pit bull service dogs.

Specifically, the new rule, which goes into effect in 30 days:

  • 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 requiring airlines to accommodate miniature horses, cats, rabbits, birds and all other “service animals” that airlines are currently required to transport);
  • 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 full rule can be found here: https://www.transportation.gov/sites/dot.gov/files/2020-12/Service%20Animal%20Final%20Rule.pdf

And, as always, if you have questions about this new rule, consult an attorney.

Tagged , , , , , ,

Right to Register Service Dogs in Ohio Pursuant to the ADA

Posted by DanaMarie Pannella on January 20, 2015   |   Comments Off on Right to Register Service Dogs in Ohio Pursuant to the ADA

The Americans With Disabilities Act (ADA) is a federal law that gives the overall structure and intent for the elimination of discrimination against individuals with disabilities.

The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

Pursuant to the ADA, if you are not certain that an animal is a service animal, you may only ask the person who has the animal if the animal is required because of a disability and what work or task the animal has been trained to perform. Documentation, such as proof that the animal has been certified, trained, or licensed as a service animal cannot be required.

While the ADA does not override other federal laws, it will override state or local laws that provide less protection or benefit. However, if a state or local law provides more protection or greater benefit, it will override the ADA.

Ohio requires that all dogs be licensed, including service dogs.

Ohio Revised Code section 955.011(A) states that “[w]hen an application is made for registration of an assistance dog and the owner can show proof by certificate or other means that the dog is an assistance dog… certificates and tags stamped ‘Ohio Assistance Dog-Permanent Registration,’ with registration number, shall be issued…” and further, in (B)(3) that “’Assistance dog’ means a guide dog, hearing dog, or service dog that has been trained by a nonprofit special agency.”

This language in the Revised Code conflicts with protections specifically afforded by the ADA.

First, that an assistance dog may only be trained by a nonprofit special agency. Pursuant to the ADA, there is no requirement that a service animal be trained by a nonprofit agency, just that it be individually trained.

Second, that proof by certificate or other means is required for the issuance of assistance dog tags. Pursuant to the ADA, if you are not certain that an animal is a service animal, you may only ask the person who has the animal if the animal is required because of a disability and what work or task the animal has been trained to perform. Documentation, such as proof that the animal has been certified, trained, or licensed as a service animal cannot be required.

While many Ohio counties simply follow the provisions afforded by the ADA when issuing registration tags, some still wrongly require proof that a service dog was trained by a nonprofit agency.


For more information, contact our offices in Fairlawn and Sharon Center at (877) 239-4480. We help clients resolve dog registration disputes throughout Ohio.

Tagged , , , , , , , , , , , , , ,