Delta Airlines and Service Animals on flights
By Christina
Clift
In an ideal world my service animal would fetch the newspaper, bring me the
remote control, and always be on his best behavior.
He would always be glad to see me, take
himself for a walk, clean up his own fur, never bark at the postal carrier, and
obey my every command.
Finally, he would
accompany me everywhere I want to go with no difficulty.
With Delta Airline’s new policy, service
animals will not be able to accompany their handlers as freely as they did in
the past.
No hopping on a last minute
flight.
Starting on
March 1, 2018 Delta will require 48-hour notice that a service animal will be
traveling with you as well as a variety of documentation to prove that your
service animal is well behaved and actually a service animal.
But doesn’t that violate the law? Doesn’t
that infringe on the rights of people with disabilities to travel freely?
Well, the
answer is yes and no. It depends on which
law a person is looking at. A Service Animal as Defined by Title II and Title
III of the Americans with Disabilities
Act (ADA) states that 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.
These tasks can
include pulling a wheelchair, retrieving dropped items, alerting a person to a
sound, reminding a person to take medication, or pressing an elevator
button. Emotional support animals,
comfort animals, and therapy dogs are not service animals under Title II and
Title III of the ADA.
Why not?
Well, it is
because the work or tasks performed by a service animal must be directly
related to an individual’s disability. It does not matter if a person has a
note from a doctor that states that the person has a disability and needs to
have the animal for emotional support. A doctor’s letter does not turn an
animal into a service animal. On the
other hand, the Air Carrier Act (ACA) broadens the definition of a service
animal to include emotional support animals, comfort animals, and therapy animals.
Under the Air
Carrier Access Act (ACAA) a service animal is any animal that is individually
trained or able to provide assistance to a person with a disability; or any
animal that assists persons with disabilities by providing emotional support. Documentation
and 48-hour advance notification can be required of passengers needing to
travel with an emotional support or psychiatric service animal. So under this law, Delta Airlines is well
within their right to change policy regarding these service animals.
Things to Know
Which service animals are allowed in the
cabin?
A wide variety
of service animals are permitted in the cabin portion of the aircraft flying to
and within the United States. Airlines may exclude animals that:
Are too large or heavy to be accommodated in the cabin, Pose a
direct threat to the health or safety of others, Cause a significant disruption
of cabin service, or are prohibited from entering a foreign country.
Airlines are never required to accept snakes, reptiles, ferrets,
rodents, sugar gliders, and spiders.
How do airlines determine whether an animal
is a service animal?
Airlines can
determine whether an animal is a service animal or pet by:
The credible
verbal assurances of an individual with a disability using the animal, Looking
for physical indicators such as the presence of a harness or tags, Requiring
documentation for psychiatric support animals and emotional support animals,
and Observing the behavior of animals.
What kind of documentation can be required
of persons traveling with emotional support animals and psychiatric service
animals?
Airlines may
require documentation that is not older than one year from the date of your
scheduled initial flight that states:
You have a mental or emotional disability that is recognized in
the Diagnostic and Statistical Manual of Mental Disorders (DSM);
You need your emotional support or psychiatric support animal as
an accommodation for air travel or for activity at your destination, the
individual providing the assessment is a licensed mental health professional
and the passenger is under his or her professional care, and the licensed
health care professional’s credentials.
Tips for Traveling with a Service Animal
At the airport:
- If
your animal needs to relieve itself, please ask an airport or airline
professional for the location of the nearest service animal relief area.
- Memphis
International Airport has an area to accommodate service animals.
Onboard the aircraft:
- Your
animal must be permitted to accompany you in the space under the seat in front
of you.
- Certain
small animals may be permitted to sit on your lap, if it can be done so safely.
- Your
animal cannot block a space that must remain unobstructed for safety reasons,
for example an aisle or access to an emergency exit).
- An
airline is not required to upgrade you to a different class of service to
accommodate your animal.
- Airlines
cannot refuse to allow your animal on board because it makes other passengers or
flight crew uncomfortable.
- Your
animal must behave properly. An animal that engages in disruptive behavior for
example barking or snarling, running around, and jumping onto other passengers,
etc. without being provoked will not be accepted as a service animal.
- For
a flight that is scheduled for eight hours or longer, airlines may require
documentation stating that your animal will not need to relieve itself, or can
do so in a sanitary way.
Traveling outside of the United States? Here are a few things to keep in mind if
you’re planning to fly outside of the United States with your service animal.
·
Foreign
airlines operating to and from the United States are only required to accept
dogs.
·
U.S.
airlines traveling to foreign countries are subject to the requirements of that
foreign country regarding acceptance of service animals; not all countries
permit service animals from other foreign countries.
·
Check
to ensure whether your destination country permits your animal and any other
requirements to enter and exit legally.
Encounter A Problem?
If you believe
your rights under the Air Carrier Access Act are being or have been violated,
ask to speak with a Complaints Resolution Official (CRO). A CRO is the
airline’s expert on disability accommodation issues. Airlines are required to
make one available to you, at no cost, in person at the airport or by telephone
during the times they are operating.
So what do disability rights organizations
think about Delta Airline’s policy?
The National
Federation of the Blind said in a recent press announcement
“We are particularly
troubled by the requirement that guide dog users submit paperwork to Delta
forty-eight hours before flying. Travelers without guide dogs are not required
to plan their travel forty-eight hours in advance. Furthermore, guide dog users
will no longer be able to fly Delta in family, medical, or other emergencies. We
believe that this forty-eight hour requirement is both unnecessary and
unlawful.”
The best
solution to clearing up the confusion on the definition of what a service
animal is will be when changes are made to the ADA. Until then it’s up to the service animal or
support animal handler to educate themselves on the laws that pertain to their
four-footed companions and where they can go and your responsibilities.
