videogal1
DIS Veteran
- Joined
- Jul 22, 2003
- Messages
- 3,144
The Air Carrier Access Act (ACAA) is a federal law with the intent of
providing equal access to people with disabilities in commercial air travel.
This law directly addresses service animals and emotional support animals,
which are under this law substantially different. The ADA does not address
emotional support animals. There are no public access rights for people with
disabilities with emotional support animals other than on commercial
aircraft under the provisions of the ACAA.
A couple of weeks ago this board was provided with information about service dog access that was so completely inaccurate as to pose a threat of accusations of fraud to any who followed the instructions..i.e. Just show up at an airline or cruise ship with a dog on a leash and access would be allowed...I contacted an authority on Service Dog access issues and he has provided the following information for the dozens of board subscribers who evidenced an interest in this topic. He has provided the following accurate information:
In order to bring a service animal into the passenger cabin of a commercial
aircraft one first must be a person with a disability under the standards of
the ADA. Simply having a physical or mental impairment does not result in a
person being disabled. Receiving Social Security Disability Income or
Supplemental Security Income from the Social Security Administration does
not mean that a person is disabled under the standards of the ADA. A person
must have a "substantial limitation" of the ability to engage in one or more
"major life activities" in order to be disabled under the ADA and in order
to have the right to bring a service animal into a commercial aircraft
passenger cabin. Through decisions of the Supreme Court of the United States
a "substantial limitation" has been defined as an almost complete inability.
A service animal is an animal that is individually trained to do work or
perform tasks that benefit the person with a disability. Engaging in natural
behaviors, such as being affectionate or showing increased affection in the
face of handler stress, does not constitute a trained task. The animal must
be trained to do something specific at serves to mitigate the impairment
on which the claim of disability is based.
If a person has a visible disability and if the service animal is wearing a
harness, cape, or other dress that identifies the animal as a service animal
then no questions should be asked as a condition of the passenger having the
service animal in the passenger cabin. In the absence of evidence that the
passenger is a person with a disability the airline representative may ask
the person if s/he is disabled under the standards of the ADA. Questions
that would require disclosing the physical or mental impairment that results
in disability are not allowed. If the service animal is not dressed in a
manner that identifies the animal as a service animal the representative of
the airline can ask for documentation, identification cards, identification
tags, or other such documentation to establish that the animal is a service
animal.
If the service animal is not dressed in a manner that identifies the animal
as a service animal, and if no documentation is available from the person
with a disability with the service animal, then the airline representative
may ask questions of the person to obtain "credible verbal assurances" that
the animal is a service animal. These questions can address how the animal
was trained, the duration of the training, who did the training, the
qualifications of the trainer, and details of the task or tasks performed by
the service animal - beyond simply identifying tasks in a generalized way.
Questions of the obedience of the animal and how elimination needs will be
addressed during the flight can also be asked to determine if the animal is
a properly trained service animal that will not put the health and safety of
others at risk. When flying, not dressing a service dog so that the dog is
easily identifiable as a service dog, leaves the passenger open to extensive
questioning as a condition of being allowed to have the service dog in the
passenger cabin of the aircraft.
People with disabilities due to mental illness have a right to have an
emotional support animal in the passenger cabin of the aircraft. This is not
a right of all people with mental illnesses. This right is restricted to
those people with mental illnesses where the illness is so severe as to
result in a substantial limitation of the person's ability to engage in one
or more major life activities. Only a small percentage of people with mental
illnesses qualify as disabled under the ADA. In order to bring an emotional
support animal into the passenger cabin of a commercial aircraft the person
must provide the airline, on request, with a letter from a licensed mental
health professional identifying the person as disabled due to a mental
illness. The letter should identify the person as being unable to engage in
one or more major life activities as a result of a mental illness. A
statement that the person qualifies for disability benefits can be deemed to
not be sufficient. The letter must also state that it is "medically
necessary" for the person to be accompanied in the passenger cabin of the
aircraft by the emotional support animal. In other words the mental health
professional must state that the person is not able to fly without the
emotional support animal as a result of the disabling mental illness.
Airlines, in general, do not want our service dogs or emotional support dogs
in their aircraft. If they have the right to ask for documentation they will
ask for it and require it as much as the law allows (they often violate the
law and demand far more than what is allowed). If they are allowed to ask
questions to obtain credible verbal assurances they will ask a long string
of questions. While they are not allowed to demand a demonstration of the
tasks performed by a service dog several airlines have been known to demand
just such a show. If they can deny seating that provides room for a service
animal they will refuse to provide necessary seating. While the ACAA states
that people with disabilities SHALL be provided with bulkhead seating so
that we have room for our service dogs at our seats, many airlines have had
their new aircraft built with no bulkhead seats other than exit row seats
where we cannot sit with our service dogs. We are required to request
bulkhead seating no less than 24 hours before flight time. Some airlines
will state that bulkhead seats can only be reserved at the gate one hour
before flight time. At the gate they will then say that the reservation had
to be made 24 hours in advance.
If you are a person with a disability with a service dog, or a person with a
disability due to mental illness with an emotional support dog, be prepared
to fight for your rights when you fly on commercial aircraft. It rarely goes
smoothly. If you falsely represent a pet as a service dog, or a person who
is not disabled as a person with a disability, and you get caught, be
prepared to pay extensive legal fees to fight the federal criminal fraud
charges that can be brought against you. Pack a bag so that if you lose you
are ready for your time in prison.
--
Sincerely yours,
Fred
Frederick A. Shotz
ADA Consulting Associates
Leading The Way To Equal Access
For People With Disabilities
http://www.adaconsulting.com
providing equal access to people with disabilities in commercial air travel.
This law directly addresses service animals and emotional support animals,
which are under this law substantially different. The ADA does not address
emotional support animals. There are no public access rights for people with
disabilities with emotional support animals other than on commercial
aircraft under the provisions of the ACAA.
A couple of weeks ago this board was provided with information about service dog access that was so completely inaccurate as to pose a threat of accusations of fraud to any who followed the instructions..i.e. Just show up at an airline or cruise ship with a dog on a leash and access would be allowed...I contacted an authority on Service Dog access issues and he has provided the following information for the dozens of board subscribers who evidenced an interest in this topic. He has provided the following accurate information:
In order to bring a service animal into the passenger cabin of a commercial
aircraft one first must be a person with a disability under the standards of
the ADA. Simply having a physical or mental impairment does not result in a
person being disabled. Receiving Social Security Disability Income or
Supplemental Security Income from the Social Security Administration does
not mean that a person is disabled under the standards of the ADA. A person
must have a "substantial limitation" of the ability to engage in one or more
"major life activities" in order to be disabled under the ADA and in order
to have the right to bring a service animal into a commercial aircraft
passenger cabin. Through decisions of the Supreme Court of the United States
a "substantial limitation" has been defined as an almost complete inability.
A service animal is an animal that is individually trained to do work or
perform tasks that benefit the person with a disability. Engaging in natural
behaviors, such as being affectionate or showing increased affection in the
face of handler stress, does not constitute a trained task. The animal must
be trained to do something specific at serves to mitigate the impairment
on which the claim of disability is based.
If a person has a visible disability and if the service animal is wearing a
harness, cape, or other dress that identifies the animal as a service animal
then no questions should be asked as a condition of the passenger having the
service animal in the passenger cabin. In the absence of evidence that the
passenger is a person with a disability the airline representative may ask
the person if s/he is disabled under the standards of the ADA. Questions
that would require disclosing the physical or mental impairment that results
in disability are not allowed. If the service animal is not dressed in a
manner that identifies the animal as a service animal the representative of
the airline can ask for documentation, identification cards, identification
tags, or other such documentation to establish that the animal is a service
animal.
If the service animal is not dressed in a manner that identifies the animal
as a service animal, and if no documentation is available from the person
with a disability with the service animal, then the airline representative
may ask questions of the person to obtain "credible verbal assurances" that
the animal is a service animal. These questions can address how the animal
was trained, the duration of the training, who did the training, the
qualifications of the trainer, and details of the task or tasks performed by
the service animal - beyond simply identifying tasks in a generalized way.
Questions of the obedience of the animal and how elimination needs will be
addressed during the flight can also be asked to determine if the animal is
a properly trained service animal that will not put the health and safety of
others at risk. When flying, not dressing a service dog so that the dog is
easily identifiable as a service dog, leaves the passenger open to extensive
questioning as a condition of being allowed to have the service dog in the
passenger cabin of the aircraft.
People with disabilities due to mental illness have a right to have an
emotional support animal in the passenger cabin of the aircraft. This is not
a right of all people with mental illnesses. This right is restricted to
those people with mental illnesses where the illness is so severe as to
result in a substantial limitation of the person's ability to engage in one
or more major life activities. Only a small percentage of people with mental
illnesses qualify as disabled under the ADA. In order to bring an emotional
support animal into the passenger cabin of a commercial aircraft the person
must provide the airline, on request, with a letter from a licensed mental
health professional identifying the person as disabled due to a mental
illness. The letter should identify the person as being unable to engage in
one or more major life activities as a result of a mental illness. A
statement that the person qualifies for disability benefits can be deemed to
not be sufficient. The letter must also state that it is "medically
necessary" for the person to be accompanied in the passenger cabin of the
aircraft by the emotional support animal. In other words the mental health
professional must state that the person is not able to fly without the
emotional support animal as a result of the disabling mental illness.
Airlines, in general, do not want our service dogs or emotional support dogs
in their aircraft. If they have the right to ask for documentation they will
ask for it and require it as much as the law allows (they often violate the
law and demand far more than what is allowed). If they are allowed to ask
questions to obtain credible verbal assurances they will ask a long string
of questions. While they are not allowed to demand a demonstration of the
tasks performed by a service dog several airlines have been known to demand
just such a show. If they can deny seating that provides room for a service
animal they will refuse to provide necessary seating. While the ACAA states
that people with disabilities SHALL be provided with bulkhead seating so
that we have room for our service dogs at our seats, many airlines have had
their new aircraft built with no bulkhead seats other than exit row seats
where we cannot sit with our service dogs. We are required to request
bulkhead seating no less than 24 hours before flight time. Some airlines
will state that bulkhead seats can only be reserved at the gate one hour
before flight time. At the gate they will then say that the reservation had
to be made 24 hours in advance.
If you are a person with a disability with a service dog, or a person with a
disability due to mental illness with an emotional support dog, be prepared
to fight for your rights when you fly on commercial aircraft. It rarely goes
smoothly. If you falsely represent a pet as a service dog, or a person who
is not disabled as a person with a disability, and you get caught, be
prepared to pay extensive legal fees to fight the federal criminal fraud
charges that can be brought against you. Pack a bag so that if you lose you
are ready for your time in prison.
--
Sincerely yours,
Fred
Frederick A. Shotz
ADA Consulting Associates
Leading The Way To Equal Access
For People With Disabilities
http://www.adaconsulting.com
