Originally Posted By: Sayjac
Originally Posted By: Shannow
Must be a new year...I agree with Nickdfresh on an entire post.
Cheers
+1 Yep must be. Twice in week now agreeing with Shannow on a topic. Frequently agree Nickdfresh though, and mincing no words he's SPOT ON here yet again including the very apt description of the OP. So to both,
Just a few notes for all ...
1) the "
very apt description of the OP" got him a well-earned 30 day vacation, so tread carefully
2) in my follow up post, I linked several OFFICIAL US ADA sites that clearly define what a "service animal" is. And of note, those links clearly spell out what is and is not acceptable. And although you may disagree, it seems my interpretation is spot on with the ADA delineations.
I said this in my initial post: "
I have no problem whatsoever with true "service animals" ..." and I was speaking in context, that of taking animals on public air-flights.
According to these links:
https://www.ada.gov/service_animals_2010.htm
https://www.transportation.gov/airconsumer/passengers-disabilities
http://servicedogcentral.org/content/node/73
https://www.transportation.gov/sites/dot.gov/files/docs/P3.SA_.HUD Matrix.6-28-6.pdf
And this coup de grace; see questions 3 and 4
https://www.ada.gov/regs2010/service_animal_qa.html
Q1. What is a service animal?
A. Under the 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.
Q2. What does "do work or perform tasks" mean?
A. The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.
Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.
Q4. If someone's dog calms them when having an anxiety attack, does this qualify it as a service animal?
A. It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog's mere presence provides comfort, that would not be considered a service animal under the ADA.
I already said that I have no objection to a "service animal" on flights, (or anywhere for that matter). I do have an objection to "emotional support animals" being on flights, or in public places where their presence causes others to be unreasonably affected. Your right to have a emotional support peacock does not trump my right to not have it defecate on the floor next to my seat, or squawk and keep me awake, or flap and get it's feathers all over and agitate my allergies, etc. This is a slippery slope; once you open the doors for ESAs (emotional support animals), it's just a free-for-all of ever escalating stupidity. ESA squirrels, ESA peacocks, ESA snakes, etc, etc.
Nickdfresh had an objection based on two things: PTSD and "emotional support". Those are actually separate topics. PTSD would be covered
IF the animal is specifically trained to recognize the onset of a PTSD event, and perform specific tasks to calm the person. If the dog is just there as a general comfort aid, it does NOT qualify as a "service animal". He said animals "help" ... That is not the litmus test as applied; the animal must be able to recognize a condition or situation, and then alter the response of the person with specific training actions.
IOW ...
- It would be reasonable and OK per ADA: Service animal recognizes psycho-motive nuances like voice trembling, uptick in perspiration, etc and specifically performs a task like leads the person to a quite place, intervenes by placing itself between the protected person and aggressive situation, etc.
- Not OK per the ADA: sits on your lap because it makes you "feel better"; no specific training to detect onset of trigger conditions, and no actions taken to reduce or eliminate the stimuli other than just be present. The "
Gosh - I'm afraid to fly but Fluffy my pet Chihuahua makes me happy when she sleeps on my lap" answer is NOT going to cut it per the ADA.
So maybe that helps clear things up?
Like I said, I have no issue with "service animals" that are qualified and actually are compliant with the ADA. But either leave your ESA at home when you board the plane, or you can drive your peacock to your destination in your own car, rather than bothering other folks on the bus/train/plane.
