People with Disabilities & SD Awareness

There is a fine line when it comes to using the termnology of emotional support animal (ESA) / Theraputic Animals as some laws will cover these animals as well as Service Animals, (ie Fair House Act {FHA} and the Air Carrier Access Act {ACAA}).



People with an emotional support animal / Theraputic Animals must provide documentations by a doctor confirming a mental health diagnosis along with additional documentation stating the necessity of having the need for a emotional support animal.
( FHA ~ 24 CFR part 32-3; ACAA ~ 14 CFR Part 382 [see below])

People with service animals, however, have the legal right to go in all areas opened to the general public without the need of such documentations including housing and traveling. (ADA ~ Title III 4.1300)

Some people think that Emotional Support Animalsare actually Psychiatric Service Animals....they are NOT!

Emotional Support Animals (ESA) are any animal that can provide theraputic benefit to their handlers (mental or emotional disability) through affection, companionship similar to pets, by basically being cuddle, kissed, petted, etc. An individual will need to be *prescribed an Emotional Support Animal, by a health care professional, in order to have certain laws (ie housing and traveling) be enforced. However, to have a Service Animal a person does NOT need such a prescription. (*prescribed is a proper legal term for ESA).

Service Animals must be individually trained to perform specific tasks such as getting meds.; brace, counter-balance due to weakness or bumped out in public; pick up items dropped, alert/respond to alarm systems insisting their partner to go this way instead, due to confusion; open/close doors; etc. to benefit a person with a disibility(s). Emotional SUPPORT Animal do NOT required this type of training! They DO, however require the same type of obedience training one would use with any companion animal when out in pet friendly areas.

Because of the various wording within many of the different rules and regulations (ie ADA, FHA, ACAA) one has to be very careful to know if they are protected or not when it comes to emotional support animal (ESA).

Remember that Emotional Support Animal are not Service Animals under the ADA therefore one doesn't have any legal rights to be accompanied by ESA in public accommodations.

[pg. 24 of the Federal Register Air Carrier Access Act]

Another important issue that a number of commenters raised concerned ‘‘emotional support animals.’’ Unlike other service animals, emotional support animals are often not
trained to perform a specific active function, such as pathfinding, picking up objects, carrying things, providing additional stability, responding to sounds, etc. This has led some service animal advocacy groups to question their status as service animals and has led to concerns by carriers that permitting emotional support animals to travel in the cabin would open the door to abuse by passengers wanting to travel with their pets.

The Department believes that there can be some circumstances in which a passenger may legitimately travel with an emotional support animal. However, we have added safeguards to reduce the likelihood of abuse. The final rule limits use of emotional support animals to persons with a diagnosed mental or emotional disorder, and the rule permits carriers to insist on recent documentation from a licensed mental health professional to support the passenger’s desire to travel with such an animal. In order to permit the assessment of the passenger’s documentation, the rule permits carriers to require 48 hours’ advance notice of a passenger’s wish to travel with an emotional support animal. Of course, like any service animal that a passenger wishes to bring into the cabin, an emotional support animal must be trained to behave properly in a public setting.

We have also noted a concern that there could be differences, in the airport terminal context, between the ACAA regulations that apply to airlines, and their facilities and services, contrasted with public accommodations like restaurants and stores. The DOJ Title III rules for places of public accommodation govern concession facilities of this kind. As a consequence, a concession could, without violating DOJ rules, deny entry to a properly documented emotional support animal that an airline, under the ACAA, would have to accept. On the other hand, nothing in the DOJ rules would prevent a concession from accepting a properly documented emotional support animal. We urge all parties at airports to be aware that their services and facilities are intended to serve all passengers. Airlines, airport operators, and concessionaires should work together to ensure that all persons who are able to use the airport to access the air transportation system are able equally to use all services and facilities provided to the general public.

Resource:Rule May 13, 2009

At first glance, Cisco – formally known as Mountain Lake's Apache Chief — can certainly seem imposing. Standing nearly 3 feet tall and weighing 160 pounds, he has a head the size of a basketball, and his mouth, when he yawns, is like a gaping cavern on the crest of a hairy mountain. He is a Leonberger, a cross between a St. Bernard, Newfoundland and Great Pyrenees, originating from Leonberg, Germany, and bred, as the name suggests, to look like a lion.

Leaning against the leg of his owner, Lorene McLaughlin from Castleton, Cisco's head is higher than McLaughlin's waist, and the thin leash that tethers human to dog appears to be nothing more than a polite affectation, a useless accessory, like tying a string to the bumper of a car.

Yet, far from being a threat, Cisco is the epitome of the gentle giant. His gaze moves lazily over the activity in the room around him, and when yet another hand reaches out to pat his head, rub his back or stroke his face, he turns to look upon this latest visitor with that sleepy-eyed sincerity that has long made the canine endearing.

Cisco, along with five of his closest doggie friends, has come for his regular visit at a day program for senior citizens, located off Stratton Road in Rutland, that provides companionship, hot lunches, crafts and other activities. A bingo game was evidently in session before the dogs arrived, but the players — about 20 of them — have abandoned their boards and pushed their chairs away from the tables, the better able to greet their guests.

The day program's participants range in age from 55 to the eldest, Ed Raymond, turning 99 at the end of January.

Their visitors are therapy dogs whose owners volunteer to take them to hospitals, schools, nursing homes, libraries, prisons and anywhere else the therapeutic power of animals is seen to have an effect. Unlike service dogs that do a specific task for their owners, therapy dogs simply comfort others with their presence.



Read More: Therapy dogs deliver the best medicine Feb. 01, 2009