New guidelines are in place with many airlines (excluding Southwest, for now) in regard to Emotional Support Animals, also known as ESAs. The rule states that owners of ESAs can no longer travel with their furry friends in the same plane cabin and comes after the Department of Transportation decided to begin cracking down on what's deemed necessary when it comes to an animal in the same plane cabin as passengers. This new law takes place early in 2021 and while ESAs are affected, laws protecting certified service dogs will remain in place. The new rule also prohibits anything other than the dog species, with animals such as rabbits, horses, cats, birds, and any other non-dog species. Further clarification on the rule states that dogs that help a person with physical or mental abilities can be further evaluated by the Department of Transportation but must be in compliance with their guidelines, which means not posing a threat to the safety of others.
The reason for this drastic change is due to studies that show ESAs do not perform as well under stress, and in stressful environments, as service dogs, who have received the proper training, do. Service dogs often undergo intensive training to earn the title of a service dog, while an emotional support animal does not require significant training to be certified. The Department of Transportation has been cracking down on ESAs due to the fact that the permissions granted to those animals have been somewhat abused, with many trying to get away with things the law does not permit. Along with animals that slipped through the loopholes in the ADA laws, many have had their pets certified for the sole reason of being able to board them on the plane. The law has led to some confusion on the part of what being a service dog entails vs. being an emotional support animal, so here are some clarifications.
The Laws For An Emotional Support Animal
According to the American Kennel Club, an emotional support animal is not considered to be a service dog under the Americans with Disabilities Act. This means that they have more limitations than a service dog and face more restrictions, such as where they're allowed in public and on which forms of public transportation they're permitted. The exception to this rule is the Fair Housing Act, which mandates that any dog that is granted an emotional support animal certification must be allowed within a dwelling, regardless of the pet policy currently in place. Specifically, the rule states that 'reasonable accommodations' must be made for any animal that is a certified emotional support animal.
The area where emotional support animals differ is in the type of support they offer - whereas service dogs perform a service for their owners or others, an emotional support animal is there to lend support, and isn't always trained in a specific area. Whereas a service dog can be trained to perform a specific task for a persona, an emotional support animal is there to provide emotional support for someone who has a psychological disorder. This can include anything from depression and anxiety to someone suffering from panic disorder. An emotional support animal is certified by a mental health professional and while it's not the duty of an ESA to perform a specific service, their job is just as important as that of a service dog for many.
The Jobs Of A Service Dog
A service dog is usually one that undergoes significant training in order to help their owners navigate through daily life. Whereas an ESA provides emotional support, a service dog can provide services such as helping a person who is blind, alerting someone who is Deaf to sounds they don't hear, lending psychiatric support to someone who might not realize an episode is coming on, being a helping hand to someone in a wheelchair, and even helping those with autism or who face the risk of seizures. These dogs are trained to pick up on, and remain in-tune with their owners, to protect their lives and ensure that help is always on the way or not far from them.
According to the ADA, the act mandates that service dogs have full rights to public spaces and have little to no limitations in terms of where they're permitted to be. This means that they can be allowed on public transportation and in housing, and face some guidelines for spaces such as airplanes but are not restricted. In short, the limitations that service dogs face is minimal due to the wide array of training they receive, and how crucial they are to a person's normal routine.