New Rule Cracks Down on ESA’s on Planes

[JimMIA]

I was on a flight once with a woman who had a marmoset for a service animal. Google it, they are tiny little monkeys. It was in a carrier but she said it mostly stayed on her shoulder for everyday use.

It was supposedly an ESA. Only dogs and miniature horses are recognized by federal laws/regulations as service animals. Huge difference, both in the use of the animals and legally.

 

[JimMIA]

How will I ever survive flight without my emotional support hippopotamus that I am expecting to get for Christmas? It's really the only gift that will do.

Get the miniature hippo, get a letter from your doc, and call it an ESA. You'll have plenty of company.

No telling whether it will work or not, but if you're a true hippo lover, nothing else will suffice.

 

[bcla]

It was supposedly an ESA. Only dogs and miniature horses are recognized by federal laws/regulations as service animals. Huge difference, both in the use of the animals and legally.

Of course air travel isn't subject to the same requirements.

 

[JimMIA]

Of course air travel isn't subject to the same requirements.

Correct. The definition of service animals is the same. But for air travel, the ground rules are different because not only service animals are covered.

I don't think miniature horses are allowed on aircraft any longer, although I have seen pictures on the Internet of horses in airplane seats. Photoshop? Maybe.

But the new rule makes it clear -- for airline travel, ONLY dogs can qualify as service animals.

The thing that's different with air travel is that ESAs were also granted flying status, and airlines were not allowed to charge for them.

Now that has been completely changed. After Jan 1, airlines don't have to accept them in passenger space, they can charge fees for them, and they can require that they travel in the cargo hold.

 

[bcla]

Correct. The definition of service animals is the same. But for air travel, the ground rules are different because not only service animals are covered.

I don't think miniature horses are allowed on aircraft any longer, although I have seen pictures on the Internet of horses in airplane seats. Photoshop? Maybe.

But the new rule makes it clear -- for airline travel, ONLY dogs can qualify as service animals.

The thing that's different with air travel is that ESAs were also granted flying status, and airlines were not allowed to charge for them.

Now that has been completely changed. After Jan 1, airlines don't have to accept them in passenger space, they can charge fees for them, and they can require that they travel in the cargo hold.

I was just getting at the difference, in that the Americans with Disabilities Act isn't applicable to air travel. So whatever rules/regulations that the DoJ has developed don't apply.

 

[JimMIA]

I was just getting at the difference, in that the Americans with Disabilities Act isn't applicable to air travel. So whatever rules/regulations that the DoJ has developed don't apply.

Right, although that's a little bit hair-splitting. The point is that the terminology is the same. The definitions are the same. A service animal is a service animal is a service animal -- and the permissible means of identifying a service animal do not change.

The level of access and regulation is different under different agencies. Aviation rules, as well as the federal housing rules, require MUCH more accessibility than the ADA law itself provides for other situations.

This rule change by the FAA actually brings the aviation requirements back within a much more reasonable range that is more in sync with the ADA.

 

[bcla]

This rule change by the FAA actually brings the aviation requirements back within a much more reasonable range that is more in sync with the ADA.

I thought that the DoJ interpretation of the ADA is that miniature horses are allowed, which is obviously more lenient than the revised air travel rules.

 

[wilbret]

https://www.cnn.com/travel/article/emotional-support-animals-dot-rule-wellness-trnd/index.html
Not surprised.

My emotional support parakeets are going to be ticked off.

 

[JimMIA]

My emotional support parakeets are going to be ticked off.

I have a beautiful 8 foot Burmese Python and she is already hissing.

(eta: Not really.)

 

[Kitty 34]

My son and DIL just landed a few hours ago in California......left their support turkey and snake at home, this time. Really hoping the turkey fares well while they're gone!