Pets

Are Emotional Support Animals Now Banned?

Posted
Service dog - credit Julio Cortez AP Newark Liberty International Airport

A new order from the Department of Transportation has made a change to the rules surrounding Emotional Support Animals on airplanes, but are they banned?

Prior Rules Regarding Animals on Airplanes

Until December 2nd, 2020, rules around pets traveling with their owners in the cabin free-of-charge were protected by various government agencies. Owners that had a doctor’s note stating they needed their animal with them in the cabin for emotional support could bring their animal without cost and airlines could not charge for this to comply with regulations around persons with a disability.

Some had genuine needs, while others seemed to abuse the rule. An Emotional Support Animal (ESA) was different than a service dog. Here are some examples of potential abuse:

The initial rule protected those who had needs that may not involve a traditionally trained service dog (several thousands of dollars) and disabilities outside of blindness and PTSD that may still pose problems for flyers but are less obvious than others. Not all disabilities are visible. 

The prior ruling left airlines powerless to stop the spiraling transportation of animals in the cabin for no cost to the traveler. Without the prior rule, airlines typically charged $50-100 each way for the pet to travel in the cabin so long as it could fit in a case underneath the seat in front of the passenger, could turn around for comfort, and wasn’t a nuisance. 

The prior rule instead required airlines to transport the emotional support animal cost-free with a notice from a physician claiming the need for the animal for emotional support, did not impose the size nor animal type regulations, and disallowed the airlines from charging for the transportation of the animal.

Department of Transportation Ruling

A new Department of Transportation final ruling was issued after two years of public comment. Airlines can now charge for animals in the cabin that are not legitimate service animals and the old loopholes are gone. This will likely decrease the numbers of animals on planes in the cabin, and increase pet fee revenues for airlines by up to $56 million annually.

The DoT was clear that genuine service dogs are trained to do work for the benefit of a person, they are individually trained to work or perform tasks for the benefit of the flyer. 

The airline lobby group, Airlines for America, was a major proponent of the change.

What’s Still Allowed

The new ruling doesn’t outright ban emotional support animals, and it doesn’t force airlines to charge for the carriage of pets in their cabins, service, or otherwise. But the restriction that required airlines to carry the pets for free with a doctor’s note is now gone. Given the state of travel today, it’s unlikely that the airlines will immediately move to charge for the carriage of ESAs but they are permitted to do so.

While untrained animals no longer qualify, trained dogs do. Those who wish to travel with their pets other than dogs must do so with the animal in the cargo hold of the aircraft for a fee. Depending on the carrier, some animals other than dogs may be transported in the cabin for a fee, adhering to the pet guideline standards. Those who have a psychiatric need for their dog in the cabin must have the animal trained (though the ruling will allow for animals to be trained by the owner so long as they adhere to the same standards and behavioral performance.)

Service dog - credit Julio Cortez AP Newark Liberty International Airport
an emotional support animal – credit Julio Cortez AP Newark Liberty International Airport

Photo credit: Julio Cortez, AP – Newark Liberty International Airport

Conclusion

Many people love their pets as if they were their children and the thought of them being put in the cargo hold is startling and may cause them to choose not to fly. Some bad actors abused a rule designed to protect those with less visible disabilities and those who couldn’t afford to have their animal certified as a service animal. However, some were simply avoiding the fee to carry their animal onboard following the rules of the carrier by surreptitiously circumventing it. 

What do you think? Do you travel with an ESA? Do you think the rule got out of hand?

Leave a Reply

Your email address will not be published. Required fields are marked *