Airlines have been given the green light by the U.S. Department of Transportation to further restrict or prohibit emotional support animals onboard. But there’s still a potential loophole that can be exploited, even if not nearly as egregiously as before. Will “psychiatric service animals” be the new wink-wink, nudge-nudge for emotional support animals?
Emotional Support Animals Are Not Service Animals
The biggest takeaway from the DOT’s final rule is a new and narrower definition of service animals. Service animals are now limited to dogs and must be “individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” The dogs must fit on the traveler’s lap or in the foot well at a passenger’s seat.
48 hours prior to travel (unless booked within 48 hours), a passenger must fill out a “Service Animal Air Transportation Form” created by the DOT which will affirm that the dog is trained. That form is not yet available. Airlines may no longer discriminate on the basis of breed.
Meanwhile, the DOT reasons that treating emotional support animals (ESAs) as service animals “amounts to a price restriction that sets the price of accommodating passengers who travel with ESAs at zero dollars, despite the fact that airlines face non-zero resource costs to accommodate those passengers.” It defines ESAs as “any animal shown by documentation to be necessary for the emotional well-being of a passenger.”
The DOT further explains:
In our view, allowing emotional support animals with a stricter set of requirements would perpetuate tiered systems that give rise to confusion and the continued opportunity for abuse and increased safety risk. As such, the final rule allows airlines to treat emotional support animals as pets. We note, however, that airlines may choose to continue to transport emotional support animals without charge at their discretion.
Furthermore, even if airlines decide after the effective date of this rule to charge pet fees for emotional support animals, this change would not impact the ability of individuals with psychiatric or mental health disabilities to continue to travel with their psychiatric service animals onboard aircraft without being charged a pet fee. This rule requires airlines to recognize animals that are individually trained to do work or perform tasks for the benefit of individuals with mental health disabilities as service animals, including psychiatric service animals.
Let me ask you a question: what does it mean to be trained?
The Potential Loophole – Psychiatric Service Animals
The DOT distinguishes between a service dog and emotional support dog by the training.
Emotional support animals are intended to mitigate a passenger’s disability by their presence, and are expected to be trained to behave in public, but are not individually trained to do work or perform tasks for the benefit of a passenger with a disability.
A service animals must be individually trained. This includes psychiatric service animals:
Psychiatric service animals are treated the same as other service animals that are individually trained to do work or perform a task for the benefit of a qualified individual with a disability
The DOT notes:
We solicited comment on the specific question whether and at what cost emotional support animals could be task-trained, and could therefore qualify as psychiatric service animals. We received few comments on this issue.
Welcome to the wild west…
Do you see what the DOT has done here? It has subtly made the link between emotional support animals and psychiatric service animals.
It gets worse:
It is our understanding that the vast majority of emotional support animals are dogs, and dogs can be task-trained to perform many different tasks and functions. We also note that the rule does not require service animal users to incur the cost of training by third party schools or organizations; service animal users are free to train their own dogs to perform a task or function for them.
and worse:
Psychiatric service animal users will no longer be required to provide a letter from a licensed mental health professional detailing the passenger’s need for the animal, nor will they be required to check in one hour before the check-in time for other passengers.
So are you putting this together? No, we likely will never see emotional support pigs, peacocks, turtles, horses, or even large dogs, but the DOT has created a mile-wide loophole for smaller dogs.
What does it mean to train your dog? The DOT doesn’t say…all you have to do is promise that Bowser will be well-behaved…no other proof will be required.
The DOT promises it will monitor for fraud…
The Department will, however, monitor whether unscrupulous individuals are attempting to pass off their pets as service animals for non-apparent disabilities, including (but not limited to) psychiatric disabilities.
…but how? Are the airlines going to start sending “naughty” lists to the DOT?
CONCLUSION
While the DOT’s new definition of service animals will keep many of the more exotic ESAs off airplanes, the “psychiatric service animals” provides a fairly large loophole that will still allow small dogs onboard with even less paperwork than before. The new rules take effect in 30 days.
image: RyanTaylor / Shutterstock
I’m sorry. Bowser? Tell me how many Bowsers you know. Here in Maine, Baxter (a former governor cum state park) is fairly common. In fact, I have a cousin Baxter!
The Psychiatric Service Animal “loophole” is presumably to allow for PTSD dogs for veterans and others. I’ve seen this before on a WN flight. Totally legit in my view, but there will unfortunately be abusers.
It’s not legit it’s total nonsense, people wanna take a dog the only dog that should be allowed on a plane for free is a seeing eye dog for the blind. And any and all dogs if allowed should have documentation from a physician and approved by the DOT and FAA. People freak out over COVID. Peanut allergies etc. What about those who are allergic to dogs or possibly terrified of them. What if one bites someone? Who’s liable. And the fee should be at least $150 to deter the abuse. I for one do not want to sit beside a smelly dog that I’m allergic to. It’s bad enough sitting beside a smelly passenger. This is third world letting animals on a plane. Have some class and a sense of decency towards your fellow travelers.
Third world? A little extreme. I don’t see how having a dog on a plane is “classless” or “indecent” LOL.
Yes, because we need a person that needs psychiatric support locked inside a metal tube at 30k ft for hours.
Thank you. In my opinion, if you’re too batsh*t crazy to fly without the “emotional support” of a dog, you should no be flying at all.
Wow. One doesn’t have to be “batsh#t crazy” to need an ESA and certainly doesn’t require banning from travel altogether. Posting such sh#t seems mentally unstable and angry… maybe we should ban you from flying!
LOL. You sound angry and resentful. Maybe you need to be restricted from flying too.
To all the “mental health advocates” out there who champion ESAs instead of teaching people to (1) deal with their fears, or (2) seek traditional medication, I would ask this. If a passenger has a psychiatric “disability” then should the airlines also pay for Dramamine, antidepressants, SSRIs, etc. in addition to accommodating a dog that basically serves the same purpose? Where does this non sense stop.
I am a dog person, I have flown with my dog many times. I pay for it. It’s expensive. The dog (usually) stays in his carrier. It sucks. And it really pisses me off to see all the fraudulent ESAs that get on the plane for free.
Who are you to say that people have ESAs “instead” of doing those other things? Many people do all of the above – work on their painful issues, take medication and have an ESA. Also, “traditional medication” (IDK who decided any medication is “traditional”) is really not a healthy answer to psychiatric issues in and of itself either. All of these things working together can be part of a good plan for managing mental disability.
I have flown with my legitimate ESA and it wasn’t free – I pay for more expensive seats so both of us are more comfortable and have extra legroom. In fact, I pay more than the people who pay for the typical dog fee.
It’s good for those who need their animals for support, and good for the animals themselves (..no separation anxiety); it doesn’t impinge on other travellers, so I’m not sure why people get their knickers in such a twist over this issue…
I don’t own a dog, I don’t like dogs, and I used to get upset with people bringing their dogs onboard. One day; however, I realized that I was more upset about the idea of the dogs than the dogs themselves. I’d prefer if everyone’s dogs behaved well, and I think it’s fair to assume in most cases they do. They make some people happy, and potentially calm their owners down, so I think it adds up to a net positive.
Jerry:Dogs::Matthew:Smoking Lounges
Not to defend Matthew, who I take no issue with disagreeing with, but smoking lounges are not ON the plane. They are in an airport. They are closed. They are avoidable. They serve a purpose that is less intrusive than an Alaskan Husky at your feet because the person next to your paid F seat decided they needed one for emotional well being.
Guide dogs for the visually impaired? I am all for it and will support this to the death. Dogs or ostriches you need to pet for emotional support whilst cramping other’s space? Get a stuffed animal to fly with. Besides, stuffed animals are far more comforting. And they don’t defecate in row 3.
Thanks Stuart. You distinguished the two well.
There is no scientific proof that dogs, cats and other mammals do not spread Covid to humans.
Only paying passengers should be allowed inside commercial airplanes.
Keep animals away from humans. We have enough problems with humans and do not need more.
That’s an interesting angle.
As long as they don’t ban my stress ball I am good.
Why not just allow people to buy an extra seat for their dog at full fare prices?
I’d gladly pay full fare J to fly with my mini poodle. She can get her own meal though as I’m not sharing mine with her
Oy. Minus six but add a half dozen.
As to dogs themselves, I’m okay with them aboard as long as they stay in a kennel or are muzzled and strictly stay on their owners’ lap. Seeing eye dogs are the obvious exemption here.
To All (The Snowflakes) Who Require Emotional Support Creatures, [ Other Than Guide Dogs for Blind Passengers ] :
Lease a private jet, turboprop or whatever. You can bring any creature you desire, as
long as the plane’s owner permits it.
The Solution of Your Imaginary or Real Problem is of No Interest to Other Passengers
Discomfort.
Does this new ruling still allow for paying in cabin pets?
Yes, if small and caged.
My dog stays in her carrier during the entire trip. Most times, the passengers in the same row are not even aware that there is a dog under the seat in front of me. It’s seem unreasonable to me, to pay large amounts of money to bring my dog on board, when she under the seat in front of me like a carry on bag. No noise, or disruption. The people who are bringing exotic animals on board, or have their pets out on the seats, are ruining it for responsible owners and pets. I think if the airline can somehow make note of the owners’ and pets’ travel behavior, it could be used to secure free travel for these well behaved dogs that travel like a carry on. This could eliminate the need for false claims for ESA animals, and the work it entails for airport workers.
If you need a ESA to travel take a car. A cat is does not provide any support even when your home. Fake should be charged fees just like I am for a 2nd bag. Real service animals provide a service, they do not piss on the floor at Lowes while you are shopping, because a trained service animal does not like a low class Ksren
I feel I must rush in here to defend cats. Dogs and cats have behavior spectrums both across and in breeds. My aunt had a dog she says was so worthless, she quietly took it to the pound. On the other side of the spectrum, my old adopted street cat was an ambassador for his kind and 3 families decided to adopt cats because he was such a charmer who would look for an invitation, jump up to sit next to someone, and gently purr by them. When my infant daughter cried, my cat would rush up and rub against her to try to soothe her. My wife’s cat 20 years ago used to follower her and her mother to work, would wait outside, and go home with them. They lost that cat because they think someone stole him and locked him up. A neighbor did that inadvertently with my sister’s cat until the cat escaped and returned home.
It’s a real shame what the airlines (FAA) has done. Our Cavalier King Charles Spaniel (Lionel) has flown about 20 times now. Each time he has been perfect. Whether in a small kennel or as an ESA people in the airport, who were obviously anxious because of these strange times, would come up and ask if they could sit and pet him or have him on their laps. He’d be the perfect passenger asleep at our feet on the floor. Whether free as an ESA or $125 each way we would certainly rather he was with us as we stay in our destination for a month or more. Looks like now because of their fierce restriction because of the turkeys (in more ways than one), Peacock’s and small horses it has ruined it for those of us who have trained our dog to be the perfect gentleman traveler. I may have to drive across country. We did it before- we can do it again. So much for earning our money AA…
I didn’t own a dog until five years ago. Now I have a sweet well-behaved pup who is too big (50 lbs) to fit in crate inside the cabin. So, from an early age he was shipped in cargo via United Pet Safe. And he was one of THOSE dogs you heard about who got put on the wrong plane and ended up in Houston (and I was going to San Francisco) I remained calm but there were only two dogs traveling on my plane. And two on the Houston plane. Really-c’mon United! In a nutshell, the airlines need to do a much better job in considering a pet as live cargo and not a piece of freight. All their touch points are inconsistent and a terrible customer service experience-on any airline. Even if you aren’t a dog lover, many dogs really aren’t well-suited for cargo. Senior dogs, for example. Anyway, after making him an ESA for last year’s flight-since CARGO services were suspended during COVID for pets, I will now be making him a Psychiatric Support Animal. In my mind, the solution here is to put pressure on the airlines to do a much better job of making the passengers more confident in putting their dogs in cargo. AND for those dogs not suited to cargo, create a similar TSA-style program for pups who aren’t legit service dogs but really aren’t a bother to anyone on the plane. Once you have a dog and are traveling for a period of time, a dog is a companion that can make the trip more enjoyable.
My command and crate trained Golden Retriever also flew cargo when we moved between seasonal homes. I arranged our flights so that he flew one leg at a time so there was no risk of him being misrouted or left to dehydrate. We controlled his food and water intake prior to flight, and exercised him. We also arranged layovers with enough time to water and toilet him. He traveled crated without incident for about 6 years.
One of our homes is in the tropics and when we needed to evacuate due to a hurricane we were really in a bind because it was too hot for him to travel in cargo by the airlines’ own restrictions. We ended up getting lucky with a dip in temperature that night allowing him to be boarded for the short flight.
After that went through the ESA process to ensure this would never happen again. We flew with him in cabin, buying him a seat at first before we realised he had plenty of space on the floor in first class with my seat and my son’s seat next to me. We bathed and trimmed him a day or two before flight, managed his food and water intake prior to flight, exercised and toileted him appropriately, and kept him on leash at my side for the duration of our travel. We never had a problem with him, other dogs, or other passengers.
With the COVID embargo on checking pets as baggage and the current summer heat, we now face a serious dilemma as we move homes for 2 months. We can’t leave him here, we can’t check him as baggage, we can’t ship him cargo. The pet shippers who use aircraft are shut down, the ones who drive get wildly mixed reviews.
I’m happy to submit my dog for evaluation by staff or to obtain a letter of some kind from a vet, I’m fine paying a substantial fee for his carriage or buying him a seat. The fact that these options don’t exist is an important reason there has been an uptick in the number of ESAs and Psychiatric Service Animals carried on flights.
I understand that people have foregone a perfectly workable option (paying a fee) to carry small pets in carriers onboard the aircraft in favour of claiming their pet as an ESA and sometimes allowing their animals to make others miserable or to actually harm someone. I’m not sure how there are not clear regulations for managing both injurious people and injurious dogs on aircraft. Why not require a deposit or some kind of insurance from dog owners? In fact, I smell another fee-scheme for the airlines.
Nevertheless, if airlines do not provide a safe, consistent option for transporting dogs too large to go as carry-on, or for times when weather circumstances prevent their carriage in cargo, there will be dog owners who avail themselves of the options that do exist. I will not leave my dog to die in a hurricane because airlines have left me only a narrow and possibly dishonourable route to move him to safety, nor will I leave him alone whilst our family necessarily relocates each year.
Dogs will be an inconvenience to the allergy-afflicted, that’s true. They should be allowed an option to state their allergy upon booking and be provided a seat away from in-cabin dogs at no charge. After all, it’s not like the airline doesn’t know the dog is coming on the plane or where it will be seated.
Look at how much more carry-on everyone brings on the plane now that even a single checked bag incurs a fee. This policy causes delays in boarding and departure, creates conflicts between passengers, clogs the seat area with personal items, and creates hazards in opening and closing overhead storage. Passengers will do what they have to do to meet their needs. The airlines must bear some responsibility in creating these problems to begin with.
Airlines need to provide an option to transport clean, well-behaved animals if they would like to ensure that ADA provisions are not utilised as a workaround for a failure to respond to a clear and consistent demand.