A: The U.S. Department of Transportation’s rules allow animals that aid people with physical disabilities to board a plane freely, accompanied by their service animal. The only question airline personnel are allowed to ask is how the animal assists the person.
Acceptable confirmation of status can be accomplished by any one of the following:
- a service animal identification card,
- other written documentation,
- presence of harnesses or markings on harnesses,
- tags, or
- the credible verbal assurances of the qualified individual with a disability using the animal.
But note that passengers who want to board with psychiatric or emotional-support animals must contact the airline 48 hours before departure and submit a letter from a licensed mental-health professional that documents their mental or emotional illness.
Mental-health advocates are outraged and have petitioned the Transportation Department to get rid of the new regulation.
“We are forced to disclose we are mentally ill in order to fly. It’s un-American,” says Joan Esnayra, president of the Psychiatric Service Dog Society. “Everyone with a service dog should be treated the same.”
Generally, It’s risky for businesses to deny access to people accompanied by service dogs—even if they think they are pretending to be disabled—because if suspicions prove to be unfounded, a business could face civil penalties of up to $55,000 for violating a person’s civil rights. Therefore, airlines are very careful to ask only the allowable questions and to request only the documentation that the airline is permitted to ask to see.
The federal statute reads as follows with respect to service animals:
14 CFR Part 382
§ 382.55 Miscellaneous provisions.
(a) Carriers shall permit dogs and other service animals used by persons with a disability to accompany the persons on a flight.
(1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified individual with a disability using the animal.
(2) Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.