Pet parents used to flying with an Emotional Support Animal (ESA) on their laps will soon have to make other arrangements or leave their pets at home.
That’s because the U.S. Department of Transportation (DOT) ruled this week that airlines may restrict no-cost boarding of animals to service dogs only. These are dogs trained to perform a specific function a person cannot perform for themselves. Guide dogs, dogs trained to detect changes in body chemistry (e.g. blood sugar) and those assisting veterans and others with bona fide psychiatric conditions are among those permitted to board with and remain accessible to their owner during the flight. However, dogs cannot block aisles or emergency exits.
Starting in January, 2021, the newly-revised Air Carriers Access Act “allows airlines to recognize ESAs as pets rather than service animals,” a DOT spokesperson said Wednesday. The DOT website has not been updated as of this writing.
Passengers wishing to travel with their pet will need to pay a fee and ensure beforehand that their animal companion fits in a carrier under the seat. Under-seat dimensions may vary by carrier and plane, so people should confer with their airline regarding a particular flight. Companions not fitting under the seat will have to travel in the non-pressurized cargo hold — a less safe option and not ideal for pets with environmental sensitivities or separation anxiety. Airline fees for pets fall into the $125 to $200 range.
The DOT ruling was the culmination of a several years-long battle between animal advocacy groups and air carriers spawned by a flood of persons boarding planes with a Noah’s Arc menagerie of ESAs including monkeys, peacocks, kangaroos, alligators and miniature horses. Some brought exotics such as iguanas and snakes. Currently, passengers can get an approval letter from a doctor (or virtually any healthcare provider) — essentially a “prescription” to travel with a pet to reduce their stress. Groups advocating for passengers with disabilities have alleged massive fraud in this system.
“There were some [providers] who were writing thousands of letters a month to multiple airlines,” Eric Lipp, Executive Director of Open Doors, an advocacy group for persons with disabilities, told NBC News. “It would be very difficult to treat that many people in a month.”
In a 2018 interview, Chairman and then CEO of United Airlines, Oscar Munoz, reported anecdotally about how one ESA required the services of another ESA. One was a dog, the other a monkey. It is unclear who comforted who.
Airlines have historically expressed concern in the wake of an estimated 15,000 passenger complaints, a few inter-species scuffles between ESAs and a few dog-on-passenger/flight attendant attacks. In response to the latter, Delta Airlines attempted to ban bit-bull terrier-type dogs. But the DOT struck down Delta’s practice on the basis of breed discrimination. However, individual airlines could still assess any animal prior to a flight and determine whether their presence would pose a safety risk.
Last February, the DOT invited public opinion on the proposed restriction after which a ruling would be levied. People were given 90 days to express their views online. Rescue Legacy supported the position of individual animal assessments for safety and acknowledged passenger abuses of the ESA designation. However, if an animal is determined to be “safe” it should be fine for that animal to travel in a passenger’s lap rather than under the seat. Passengers wanting to travel with their pets should simply ditch the ESA label and pony up the pet fee.
Both passenger and animal advocate groups claim that the lack of clarity regarding required documentation to determine who is crated and who isn’t — and who pays and who doesn’t — will raise a few hackles at terminals throughout the country.