Department of Transportation Defends ESA Rights for Travelers

On Thursday, August 8, 2019 the Department of Transportation (DOT) issued updated guidance regarding the rights of Emotional Support Animals (ESAs), and their handlers, on airline flights. The DOT’s long-awaited Guidance on Nondiscrimination on the Basis of Disability in Air Travel gives much needed information for ESA handlers on how the rules under the Air Carrier Access Act (ACAA) may apply to them.

The DOT took comments from sources such as The International Association of Canine Professionals, The American Veterinary Association, Paralyzed Veterans of America, and the National Disability Rights Network. They learned that the ACAA rules were subject to interpretation, which lead to the airline industry responding to regulations differently. This caused air travel to be unpredictable to passengers.

The statement released by the DOT affirms and clarifies certain rights that ESA owners have. Since the publication of their statement, they’ve allowed airlines 30 days from the publication date to alter their policies and procedures so that they align with the guidelines published.

Summary of the 2019 “Guidance on Nondiscrimination on the Basis of Disability in Air Travel”

1. 48 hour advance notice

You must notify your airline that you are traveling with an ESA at least 48 hours in advance:

• Airlines can require ESA owners to provide up to 48 hours’ advance notice of flying with an ESA. Some may even require owners to appear in the lobby for processing of ESA documentation up to one hour prior to the check-in time. Service dog handlers are exempt from this policy.

2. Airlines are required to accept your ESA letter

The DOT has stated that airlines must accept valid ESA letters, and cannot force passengers to use the airline’s form:

• Airlines can no longer deny your ESA letter and instead require their own form be used. Airlines cannot reject a letter from a licensed mental health professional that meets all the criteria under the ACAA. The letters written by clinicians at Guidance Teletherapy meet these criteria. If you are interested in seeing if you qualify for treatment by ESA, and do not currently have a mental health professional treating you, please fill out our Intake Form.

• Airlines can ask ESA owners to present additional documentation related to the animal’s vaccination, training, or behavior, as they may use this to determine whether any animal poses a direct threat. With this in mind, Guidance Teletherapy has their clinicians complete airline documentation for their patients who have been approved for ESA treatment. All major airline forms accompany completed ESA letters that are sent to our patients. Any missing airline forms can be emailed to the treating clinician for completion (please email a week before travel date to ensure timely completion).

3. Specific ESAs must be accept

Dogs, cats, and mini horses MUST be accepted on all flights if they qualify as an ESA:

• Airlines are required to accept your ESA if the animal is a dog, cat, or miniature horse (when the size of the plane can accommodate).

• Airlines can deny unusual animals including reptiles, rodents, and insects.

4. Multiple ESAs

Airlines cannot restrict passengers from traveling with one ESA and a total of three service animals if needed:

• The DOT stated that it is focusing its efforts on ensuring that airlines are not restricting passengers to travelling with only one ESA. Though, it should be noted that the exact laws regarding how many ESAs an individual can travel with have not been documented.

• Airlines may not impose categorical restrictions on the total number of ESA and/or service animals to be transported in the aircraft cabin. Essentially, if ten qualified passengers with a disability each need to bring one ESA, then the airline must accept all ten.

5. Lobby verification

Airlines may request ESA documents in the lobby/ticket counter area.

• Airlines can require that ESA handlers with ESAs present their documentation in the lobby/ticket counter area, rather than the gate/sterile area.

6. Containment of ESAs on flights

Airlines may impose reasonable restrictions to control the movement of your ESA:

• Airlines may impose reasonable and appropriate restrictions to control the movement of ESAs in the cabin. Such restrictions may include requiring that the ESA be placed in a pet carrier, the ESA stay on the floor at the passenger’s feet, or that the animal be on a leash.

• When it comes to potential containment issues, DOT will consider concerns on a case-by-case basis. DOT will weigh in factors including, but not limited to: the size and species of the animal, the rights of other passengers, and the continued ability of the animal to provide emotional support while being contained.

7. Flight length restriction

Airlines cannot restrict ESAs on flights scheduled to last 8 hours or more:

• On flights scheduled to last 8 hours or more, airlines may ask for 48 hours’ advance notice, early check-in, and documentation that the ESA will not need to relieve itself on the flight, or that it can do so in a way that does not create a health or sanitation issue. They can deny access to the flight if: they were not notified of the ESA 48 hours prior,if the ESA may pose a threat to other passengers, or if the ESA is unable to relieve itself safely on board the flight.

8. No breed bans

Airlines cannot ban on dog breeds:

• Airlines cannot ban an animal solely because it is a certain breed (this includes pit bulls).

  Airlines are allowed to deny an ESA if it poses a direct threat to the health or safety of others. That being said, DOT has stated that there is no evidence that an animal poses a threat based on its breed.

9. No categorical weight limitations

Airlines cannot put weight limit on ESAs:

• Airlines may not impose a weight restriction on ESAs.

• Pertaining to weight and size, an airline may refuse transportation if:

  • The ESA is too large or too heavy to be accommodated within the cabin

  • The ESA poses a direct threat to the health or safety of others because of its weight

  • The ESA’s size poses a significant disruption of cabin service

  • The ESA’s weight would prohibit the flight from entering a foreign country that is the flight's destination

Hopefully though further clarification, the DOT has shed some light on the rights of both individuals with disabilities and airlines. Further clarification on these rules will decrease confusion between parties, and ultimately increase accessibility during air travel.

---

---