For service dog and emotional support animal (ESA) owners, keeping abreast of assistance animal laws is paramount. Regulations fluctuate on various levels, from local to federal, and staying informed is crucial to understanding your rights and responsibilities. In this blog, we will explore the evolving world of ESA laws, including recent changes and their impact on ESA owners.
An Overview of ESA Laws
1.1 Federal Legislation
At the federal level, three key pieces of legislation pertain to emotional support animals:
– The Americans with Disabilities Act (ADA): Governs general mobility and access to public spaces.
– The Air Carrier Access Act (ACAA): Regulates air travel.
– The Fair Housing Act: Addresses housing rights for individuals with ESAs.
Understanding these national laws is essential before delving into state-level regulations, which often have a more significant impact on ESA owners’ mobility.
Changes in Air Travel Regulations
2.1 Department of Transportation Rule
In 2020, an amendment to the ACAA granted airlines the discretion to prohibit emotional support animals from air travel. Many major U.S. airlines opted to exercise this privilege, including Southwest Airlines, Alaska, Frontier, JetBlue, American Airlines, and United Airlines.
2.2 International Airlines
While most U.S. carriers discontinued ESA travel, some international airlines still permit it. Typically, they require travelers to submit an application or notify them at least 48 hours before departure. Airlines like Asiana Air, China Airlines, Lufthansa, Volaris, and Latam Airlines continue to welcome ESAs on board.
Fair Housing Act Protections
3.1 Equal Protections
The Fair Housing Act, established in 1968, prohibits discrimination against renters and tenants based on protected identities, including disability. This act does not differentiate between service animals and emotional support animals, granting both the right to live with their owners, even in no-pet units, with proper documentation.
Americans with Disabilities Act Distinctions
4.1 Service Dogs vs. ESAs
The ADA was the first law to distinguish between service dogs and emotional support animals. Service dogs, due to their role in performing vital physical tasks for disabled individuals, receive unique rights and protections that ESAs, who primarily assist with emotional and psychological needs, do not enjoy.
State-Level Regulations
5.1 California State Law AB-468
In 2021, California enacted a law aimed at curbing the sale of fraudulent ESA letters and false claims of pet status. This law reinforces the distinction between service dogs and ESAs, penalizing those who misrepresent their ESAs as service dogs.
5.2 New York City Human Rights Law
NYC’s Human Rights Law extends protection not only to renters but also to individuals living in shelters and supportive housing. Housing providers are required to provide “reasonable accommodations” for disabilities, including accommodating ESAs.
5.3 Texas Human Resources Code
Texas, under Governor Greg Abbott, permits business owners to treat ESAs differently from service dogs, allowing them to exclude ESAs, even if they are well-trained and beneficial to their owners.
5.4 Florida Statute §760.27
Florida recently upheld individuals’ rights to live with ESAs in any type of housing, irrespective of landlord pet policies.
Who Is Affected by These Changes?
6.1 Impact on ESA Owners
In the context of air travel, all ESA owners have been affected by the 2020 amendment to the ACAA. Domestic travel with ESAs on most U.S. airlines is no longer possible. However, protections for ESAs in housing remain consistent across all states under the Fair Housing Act, which disregards the ADA’s distinction between service dogs and emotional support animals.
Traveling with Your ESA
7.1 International Travel
While domestic travel with ESAs has become challenging, international travel is still an option for ESA owners. Check with international airlines before booking, as some continue to allow ESAs on board with the appropriate paperwork.
Frequently Asked Questions
8.1 Are Emotional Support Animals Allowed on Planes in 2023?
– ESA policies vary by airline. Major U.S. carriers have discontinued ESA travel, but some international airlines still permit it.
8.2 Can Airlines Deny Emotional Support Animals?
– Airlines can deny ESAs if they have opted to ban them from flying. However, many international airlines still accept ESAs.
Conclusion:
ESA laws are in a state of flux, with significant changes in air travel regulations impacting ESA owners. While domestic travel has become more challenging, ESAs still enjoy protections in housing under the Fair Housing Act. Navigating this evolving legal landscape requires staying informed about federal, state, and airline-specific policies. For those considering ESA ownership or seeking guidance on ESA laws, resources like ESA Pet support offer valuable assistance and information.
