Page 16 - JSOM Spring 2020

behave properly in public, even if the animal performs an as- Pets
sistive function for a passenger with a disability or is necessary Many airlines also indicated that they believe passengers wish-
for the passenger’s emotional well-being, as the animal could ing to travel with their pets may be falsely claiming that their
pose a direct threat to the health or safety of others and/or pets are service animals so they can take their pet in the air-
cause a significant disruption of cabin service. craft cabin or to avoid paying a fee for their pets.
The Department’s current service animal regulation does not Misbehavior by Service Animals
contain a limitation on the number of service animals that Airlines and airline associations have contacted the depart-
may accompany an individual with a disability. The regula- ment to express concerns that passengers are increasingly
tion references guidance that states that a single passenger bringing untrained service animals onboard aircraft and put-
legitimately may have two or more service animals. [14] As a ting the safety of crewmembers and other passengers at risk.
matter of enforcement discretion, the Department’s Office of
Aviation Enforcement and Proceedings has not taken action Airport
against airlines when airlines declined requests to transport Another concern is the differences, in the airport terminal
more than three service animals for a single passenger. DOT’s context, between DOT’s ACAA regulations that apply to air-

service animal rule also does not contain any leash, tether, lines, and their facilities and services, contrasted with the De-
muzzle, or containment requirements. Prior DOT guidance partment of Justice’s (DOJ) Americans with Disabilities Act
explained that a requirement for a service animal to be muz- (ADA) regulations that apply to airports, and their facilities
zled or harnessed would be appropriate only as a means of and services.
mitigating a direct threat to the health or safety of others, such
as muzzling a dog that barks frequently. As for transporting a Request for Rulemaking

service animal in a carrier, an order from the Federal Aviation The Department published a Notice of Regulatory Review
Administration explained that a service animal may safely sit in the Federal Register on October 2, 2017, inviting public
in the lap of its owner for all phases of flight, including ground comment on existing rules and other agency actions that are
movement, take-off, and landing if the service animal is no good candidates for repeal, replacement, suspension, or modi-
larger than a lap-held child (a child who has not reached his or fication.The Department received comments from airlines and

her second birthday). airline associations regarding the need to revise the Depart-
ment’s ACAA service animal regulations, raising a number of
Need for a Rulemaking issues that will be explored in this rulemaking.
Consumer Complaints
The Department continues to receive complaints from individ- For more information on the many rules covering travel with
uals with service animals. DOT received 110 service animal a service animal, please see the rest of this guidance at https://
complaints in 2016 and 70 service animal complaints in 2017 www.federalregister.gov/documents/2018/05/23/2018-10815
against airlines. In 2016, the third highest disability com- /traveling-by-air-with-service-animals
plaint area concerned service animals, and in 2017, it was the
fifth highest. US and foreign airlines reported receiving 2,443

service animal complaints in 2016 and 2,499 service animal
complaints in 2017. This was the fourth largest disability com-
plaint area for airlines during both years. Over 60 percent of
the service animal complaints received by the Department con-
cern ESAs and PSAs. Most of the service animal complaints
involving ESAs or PSAs are from passengers with disabilities
who are upset that the airline is not accepting their animals
for transport.

Unusual Species
The use of unusual species as service animals has also added
confusion. Passengers have attempted to fly with peacocks,
ducks, turkeys, pigs, iguanas, and various other types of ani-
mals as emotional support or service animals. Disability rights
advocates have voiced alarm that these animals may erode the
public’s trust, which could result in reduced access for many
individuals with disabilities who use traditional service ani-
mals. Advocates have also expressed concern that these an-
imals lack the ability to be trained to behave properly in a
public setting.

12 | JSOM Volume 20, Edition 1 / Spring 2020