Emotional Support and other Assistance Animals: It’s More Complicated Than That
Human-animal relationships are older than human civilization itself. From dogs (about 10,000 years ago) all the way to cattle (latest being around 6,000 years ago). Humans and domesticated animals have been living side by side for so long our neurochemistry has changed. Studies have been done on both dogs and cats that have demonstrated oxytocin (colloquially called the “love hormone”) is released in both the human and the animal when they play, cuddle, look into each other’s eyes, etc.
It is natural then that we love and want to be with our animals as much as possible. It is completely understandable. And it causes very big problems. The misuse of the emotional support animal (ESA) letter is widespread. The internet is rife with scam websites promising ESA letters for hundreds of dollars to individuals who want to bring their pets with them on airplanes, take them to restaurants, or keep them in housing that does not accept animals.
It has gotten so bad that the US Department of Transportation (DOT) has banned all ESA animals from aircraft cabins as of December 2020. The famous incident of the emotional support peacock was the final nail in the coffin for this abuse of the system. The only animals that cannot be barred from the cabin are service dogs.
In this post we will cover the following:
1. The differences between emotional support, therapy, and service animals,
2. Where each kind of animal is allowed to go in public,
3. The legal and social ramifications of falsely representing an animal,
4. What lay people and businesses can and cannot ask about an animal
We will talk later about both the social and legal consequences of misrepresentation a pet as either an ESA or a service animal. First, we will lay out the differences.
The Differences
Emotional Support Animals
An emotional support animal is an animal whose presence offers comfort to it owner. Two common conditions ESAs as used for are anxiety and depression. It is not trained to provide this service nor is training required. Because of this they have significantly fewer access rights than service animals, as discussed below.
What if I still want an ESA?
The title of this post is “It’s more complicated than that.” We mentioned the scams. The growing number of legal consequences are below. If you still think an ESA may be right for you, good form dictates:
1. Regular therapy with a licensed professional for a minimum of six months
o to adequately determine if an ESA is the right choice for you
2. Updates to the letter at a minimum of every six months.
If you are faced with legal actions having a letter dated within the past six months offers you better protection than one dated a year or three ago.
Therapy Animals
Instead of providing comfort to a single owner, therapy animals work in conjunction with a handler to provide comfort to large groups of people.
Therapy animals can include animals that visit hospitals or nursing homes, animals that participate in animal-assisted programs such as Sit, Stay, Read, or animals that assist in a therapeutic process such as horse-assisted therapy.
If you think your pet would make a good therapy animal and you want to help others in your community here are a few resources to help you get started:
Rainbow Animal Assisted Therapy
AKC Recognized Therapy Dog Organizations
Friends for Therapeutic Equine Services
Service Animal
According to the American Disabilities Act (ADA) “a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability.”
Therein is the key difference between service and emotional support animals. Service animals are highly trained to work for a single, specific individual. Service animals do not double as family pets.
Where Each Animal Can Go Public
Any animal, including service animals, can be removed from any public setting at any time if any of the following occur:
· The animal becomes unruly or distracting to other patrons.
· The animal poses a threat to others through demonstration of aggressive behaviors.
· The animal becomes destructive of property.
· The animal fails for any reason to be under the control or supervision of its handler.
Emotional Support Animals
If you take nothing else away from this post, please remember this – ESAs are not an all-access pass.
ESA are, by law, only allowed in spaces where pets are also allowed. They can be barred from any and all other locations without penalty. The only exception is housing. An ESA letter from a licensed professional prevents a landlord from evicting a tenant from that living space because of the animal. This applies more to individuals in subsidized housing. It does not apply to someone who brings a pet into a “no pets” apartment and then gets caught.
This means any business can legally allow or bar an ESA from their premises at their own discretion, just as the DOT has done. Businesses can also ask for the animal’s ESA letter and the owner must provide it.
Remember, even if your ESA animal is allowed into a business if it becomes in any way disruptive and you are unable to curb this behavior the business can have you leave. This applies to service animals, as well.
Therapy Animals
Therapy Animals require verification from each individual facility they are working at prior to entering. Meaning, a therapy animal may work at multiple hospitals but will require verification from each of them. This is the only place therapy animals are allowed to be. Otherwise, they can only access places that are already pet-friendly.
Service Animals
A service animal cannot be barred from any public setting.
The Ramifications of Misrepresentation
Falsely claiming your pet is a service animal just to bring it with you to a restaurant, the grocery store, or on the bus, etc. is incredibly detrimental to every person who relies on their trained service animal. It is thoughtless and, increasingly, illegal.
Doing this not only inconveniences those around you who have to tolerate your animal, you are also poisoning public attitudes towards genuine service animals. As a result, service animal users have been harassed, accused of “faking it” and barred from places where they are legally allowed to be.
On top of this, if you encounter an actual service animal your untrained pet may jeopardize the safety of the service animal and its handler. Pets masquerading as ESAs have attacked and injured service animals. Now their handler not only has to cope with having an injured animal but their own lives are now hampered and/or put at risk because their animal cannot perform its job.
You may also be breaking the law. Leave your pets at home. Allow service animals to do their jobs unhampered.
What Can/Cannot Be Asked
Do not approach a person asking about their animal unless you are a) representing the business/public space the animal is in or b) the animal is being disruptive.
If you are in a position where you need to ask about an animal’s qualifications here is what you can ask here in Illinois per the state attorney general and the ADA:
1) Is this a service animal?
a. remember, you cannot ask for proof unless the animal is identified as an ESA.
2) What tasks has this animal been trained to perform?
If the answer to question 1 is “Yes” then question 2 can follow. If the answer is “No” then follow your business’s policies. Also, remember, even service animals have to behave themselves. Any animal that does not can be asked to leave the premises
Conclusion
The subject of assistance animals is a complicated and currently evolving state of affairs. In addition to the links provided throughout the post here are a few more that will help you navigate this subject:
ADA FAQs about Service Animals
American Veterinary Medical Association
American Psychological Association – Is that a pet or a therapeutic aid?
Michigan State University Animal Law Info
Here at Obsidian, we love what we do and we always do our best to give you the best we possibly can. If you ever need help or guidance, please do not hesitate to contact us at the following:
Kari Holman –
(847) 450-0460
kariholmancounseling@gmail.com
Ilyssa Lasky –
(224) 255-4411