Is there a difference between an Emotional Support Animal and a Service Animal? Today we look at the laws, definition, and a growing problem for trained, supportive animal companions.
According to the ADA, a service animal is, “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” Service animals are defined by Title II and Title III of the ADA.
Emotional support animals, animals that provide “comfort” and animals used in therapy are not service animals under the current law. A doctors note does not make any animal, trained or untrained, wild or domestic a legitimate service animal under the law. Why is this important to the mental health recovery community?
If you google “Emotional Support Animal” the results can be extremely misleading. The first four listings are paid advertisements, for a fee they can “certify” your ESA in as little as 24 hours. They make claims that imply this certification supersedes a no pet clause in a lease, that you will pay no pet fees when flying, and you’ll avoid breed and size restrictions. You’ll receive things like a lifetime registration ID kit, and many of these sites offer vests, leashes and other bling that will identify your pet as an “official” service animal.
By law, airlines have the right to ask for specific documentation that describes the traveler’s disability. One of the documents that can be requested is a note from a licensed mental health professional stating that you are under their direct care, the date, and type of license the professional holds and the state in which it was issued. This immediately disqualifies any online “therapist” regardless of their licensing or the fees you paid. You may also need documentation from a veterinarian stating that the animal is fully vaccinated and not a health threat to any other traveler. According to the ACAA,
“Airlines are not required otherwise to carry animals of any kind either in the cabin or in the cargo hold. Airlines are free to adopt any policy they choose regarding the carriage of pets and other animals (for example, search and rescue dogs) provided that they comply with other applicable requirements (for example, the Animal Welfare Act). Animals such as miniature horses, pigs, and monkeys may be considered service animals. A carrier must decide on a case-by-case basis according to factors such as the animal’s size and weight; state and foreign country restrictions; whether or not the animal would pose a direct threat to the health or safety of others; or cause a fundamental alteration in the cabin service.17 Individuals should contact the airlines ahead of travel to find out what is permitted.
Airlines are not required to transport unusual animals such as snakes, other reptiles, ferrets, rodents, and spiders. Foreign carriers are not required to transport animals other than dogs.18”
Here is the problem we are facing now… Speaking personally as a Recovery Support Specialist and a longtime animal lover, I know two things. First, some people need an animal companion for emotional stability; they help prevent panic attacks, keep anxiety at bay, and fight depression. Second, online scammers are making it easy for anyone to abuse the system; people are using these so-called certifications to bring exotic animals onto airplanes, buses, trains, restaurants, and other businesses. People are afraid of being sued or being labeled as someone who discriminates against those with a legitimate disability.
Meanwhile, business owners who know the laws are putting people with mental illness in very uncomfortable situations. These animals are there to help alleviate stress, yet the ESA’s very presence can cause stressful interactions to occur. If a persons safety net is the thing being challenged, it can lead to a mental health crisis.
Let’s face it; if this issue is left unaddressed, it will only add to the stigma of those living with mental illness. When fake ESA owners loudly defend their “right” to bring their animals into public or privet establishments, it causes a scene. In February 2018, United Airlines announced it was going to change its policy regarding Emotional Support Animals after a passenger tried to bring a peacock on board. The airline told the owner of the bird that it would not be allowed on the plane on three separate occasions. Airlines have reported, sugar gliders, spiders, roosters, ducks, turtles, various types of lizards, and snakes have been claimed as Emotional Support Animals.
Knowing the therapeutic value of legitimate ESA’s and the comfort they offer many people in the recovery community, I believe we can not allow this issue to be avoided. A conversation needs to happen, online frauds need to be prosecuted, and above all else, people need to be educated. Since the bulk of ESA owners are receiving mental health services, it should fall to mental health advocates to take the lead.
Where does the State of Connecticut stand on ESA’s? On November 27, 2018, the Office of Legislative Research issued a brief, it read as follows:
The Americans with Disabilities Act (ADA) requires state and local government agencies, businesses, and non-profit organizations (i.e., ADA covered entities) that provide goods and services to the public to make reasonable modifications in their policies, practices, or procedures to accommodate people with disabilities. The ADA’s service animal rules fall under this general principal.
Service Animal Defined:
According to the U.S. Department of Justice’s (DOJ) FAQ about Service Animals and the ADA, a “service animal” is a dog that has been individually trained to do work or perform tasks on behalf of an individual with a disability. The tasks the dog performs must be directly related to the person’s disability.
Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. Such animals provide comfort by being with a person, but because they have not been trained to perform a specific job or task, they do not qualify as service animals.
The DOJ’s ADA regulations also recognize as service animals miniature horses that have been individually trained to do work or perform tasks for people with disabilities. Miniature horses generally range in height from 24 inches to 34 inches, measured to the shoulders, and weigh between 70 and 100 pounds.
