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Old 05-15-2015 | 11:34 PM
  #6201  
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How to Take Your Pet Everywhere - The New Yorker

Amusing (in a crying on the inside sort of way) and informative article about emotional support animals. You should see what the author does with her emotional support reptiles and livestock.

Exerpt:
... In contrast to an emotional-support animal (E.S.A.), a service dog is trained to perform specific tasks, such as pulling a wheelchair and responding to seizures. The I.R.S. classifies these dogs as a deductible medical expense, whereas an emotional-support animal is more like a blankie. An E.S.A. is defined by the government as an untrained companion of any species that provides solace to someone with a disability, such as anxiety or depression. The rights of anyone who has such an animal are laid out in two laws. The Fair Housing Act says that you and your E.S.A. can live in housing that prohibits pets. The Air Carrier Access Act entitles you to fly with your E.S.A. at no extra charge, although airlines typically require the animal to stay on your lap or under the seat—this rules out emotional-support rhinoceroses. Both acts stipulate that you must have a corroborating letter from a health professional....
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Old 05-16-2015 | 04:05 AM
  #6202  
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Originally Posted by rickair7777
Actually an employer or merchant could ask for details to

1) Ensure they properly accommodate the peron's needs and

2) To verify that accommodation is legitimately required. Although it seems like it, we're not required to provide accommodations to anyone and everyone just because they ask for it. It's legally reasonable to require verification..even though the media would say otherwise
Again #2 is reasonable though to some degree. Imagine you got shrapnel injury in war and just have to walk slowly, and then LNL and company asks you to "prove" it every time you fly. Gets old pretty quickly. I'd rather have a few freeloaders than a checkpoint/gestapo, which is why I feel just elminating the whole "advantage" for mildly handicapped would solve the problem.

Somebody who is nonambulatory is generally obvious and could make rare case-by-case accommodations.

Lady caridomd does litigation occasionally in this and related areas. I see you looked up the ADA wording - the "general public" has been focused on "can't blanketly ban" areas / businesses etc without reason. There are still "general public accessible" areas that dogs are not allowed, health, safety, even cases of religious areas etc., and while the original wording included general public area it has not held up or historically been enforced as strictly such.

ADA was a great law to prevent blanket discrimination, but people misinterpret it all the time (e.g. some people think you 'can't ask if somebody could do the job'). Of course an employer can ask about specifics - somebody who can't walk can't do a job that requires stairs etc. A custmoer who can't move his arms shouldn't go white water rafting. However every front line employee asking questions about a handicap may be perceived as harassment for better or worse, which is why LNL and other employees are told to not ask.
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Old 05-16-2015 | 04:09 AM
  #6203  
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Originally Posted by Hetman
How to Take Your Pet Everywhere - The New Yorker

Amusing (in a crying on the inside sort of way) and informative article about emotional support animals. You should see what the author does with her emotional support reptiles and livestock.

Exerpt:
Wow, those stories are simply horrible. I am unaware of any legal status of "emotional support" animals, will have to ask the better half after get back from FLYING.
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Old 05-16-2015 | 10:20 AM
  #6204  
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I like Adam Carolla's idea. He wants to bring along his emotional support pelican, Gilligan. Suffice to say, this emotional support BS is getting out of hand.
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Old 05-16-2015 | 10:40 AM
  #6205  
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This whole charade will be allowed to get ever more outrageous until someone's "ESA" decides to take a bite out of the face of an adjacent passenger. That's the only way legislation ever seems to get implemented in this country anymore.
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Old 05-16-2015 | 12:29 PM
  #6206  
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Originally Posted by rickair7777
There's a difference between a true service animal and "emotional support" pets.

Emotional support pets can be anything and are generally allowed in places other animals may not be such as restaurants. Service animals are highly trained and individually certified to behave in a safe manner in pretty much all situations.

Nobody can ban service animals. Airlines could ban emotional support pets who are not properly certified as actual service animals...but they just kind of wink at the pax, collect their fares, and let the crews deal with it.
A friend of mines older sister does this all the time. She brings this old dog of her basically everywhere she goes. She's a vet and has some other friends that are doctors so she got one of them to sign off some note that she needs this dog for support or whatever. I believe she told me she just doesn't want to pay to put in down under with all the other dogs
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Old 05-16-2015 | 01:08 PM
  #6207  
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Originally Posted by cardiomd
Wow, those stories are simply horrible. I am unaware of any legal status of "emotional support" animals, will have to ask the better half after get back from FLYING.
So got my legal in-house counsel and apparently both LNL and I were right, there is apparently supersets of regulations regarding access and "public access" transportation carriers that prohibit asking of disabilities (not ADA act, which I am familiar with as MD). It is designed to prevent the "screening" of disabled-appearing people as I referenced above.

LNL is correct airlines and employees are apparently legally prohibited from asking what a disability is, but may ask if specific functions are able (e.g. can you lift 10 pounds). Most are defined in the Air Carrier Access Act which was apparently passed around the time of the ADA under pressure from a veterans group and is a famous precursor. Lady cardiomd feels strongly this was needed because prior there would be no incentive to remotely accommodate somebody not ambulatory or who might slow them down.

Just got back and read the New Yorker article. From the anecdotes the front-line employees just don't want to be accused of causing a scene and don't recognize the distinction between service animals and non-service animals. The person comes up with some official-looking paperwork and the employee doesn't know any better / care enough to verify so the animal gets in.

I'm really suprised that these Emotional Support Animals have ANY sort of legal standing, and I take back my earlier skepticisim. Wow it is ridiculous.

Service Animals | Delta Air Lines

Originally Posted by mike734
I like Adam Carolla's idea. He wants to bring along his emotional support pelican, Gilligan. Suffice to say, this emotional support BS is getting out of hand.
Yeah I agree. The setup is just ripe for abuse.
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Old 05-16-2015 | 02:31 PM
  #6208  
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A woman onboard a Southwest Airlines flight says two different flight attendants prevented her from making an emergency phone call after she received an alarming text message from her husband that he was about to take his own life.

Momsen-Evers was heading home to Milwaukee from New Orleans when her husband sent the distressing message just before takeoff. According to TMJ4, the text message read, “Karen, please forgive me for what I am about to do, I am going to kill myself.”

Karen Momsen-Evers told NBC-affiliate TMJ4:
“I started shaking the minute I got the text and I was panicked, I didn’t know what to do. The flight attendant slapped the phone down and said you need to go on airplane mode now.”
After she explained the situation, she said the stewardess still refused to allow the phone call, citing “FAA regulations.”

She flagged down a second flight attendant once the plane reached cruising altitude, who again told her there was nothing they could do. Momsen-Evers was only able to call police two hours later once the plane landed in Wisconsin. When she arrived home police on the scene told her that her husband, Andy, was dead.

Southwest Airlines, said in a statement to TMJ4:
“Our hearts go out to the family during this difficult time. Flight attendants are trained to notify the Captain if there is an emergency that poses a hazard to the aircraft or to the passengers on-board. In this situation, the pilots were not notified.”
That provides little comfort for Momsen-Evers, who said: “The pain of knowing something could have been done, it breaks my heart.”
Southwest Airlines passenger refused a call that could've saved her husband's life
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Old 05-16-2015 | 02:44 PM
  #6209  
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Damn...that's brutal...
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Old 05-16-2015 | 04:26 PM
  #6210  
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Originally Posted by Extenda
Damn...that's brutal...
Sad but I don't believe her story. If she was truly concerned for her husband she would not have quietly given up. I also don't believe a flight attendant would stop a pax from calling a suicidal family member.
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