ESA animal mauls another passenger on airline flight

Yet another person called me up for therapy with a need for --cough cough–a letter for her ESA dog. She didn’t like my terms so will move on. I wish there was a way to track the therapists who see someone once and write a letter.

Since your state has more stringent rules about fake ESAs and fake service dogs, there should be a way. Does your state’s association discuss this issue?

ESA law is federal law, so the state can’t make the rules more stringent except to regulate vaccinations or breeds, but they’d have to be for all animals in that class. For example, my city has a pit bull ban, and a landlord would not have to allow an ESA pit bull to live in an apartment. Otherwise, the state can’t restrict who issues the letters that will be accepted by airlines.

I think most of the ESA letters are obtained online.

Oh good one… a person I know has considered getting an ESA letter for their dog to make travel easier. I was told to shut up when I suggested that scamming the system is an act of dishonesty. Now… they bought an investment condo, decided that they did not want renters with pets, and the first person to apply to rent it… get ready for this… has an ESA letter (fakery!) for the cat. Karma. :wink:

We have a MOST active FL list serve for,psychologists. This issue has been raised more than once. The active psychologists tend to be all ethical, so no one posts they write a letter for a one time patient. People have suggested an additional letter from a vet.

Our office s dog friendly, and patients often bring their dogs with them. If the dog isn’t well behaved in my office, that rules out any letter.

In all honesty, I have also stopped writing letters for barbaric surgery, as have the others ED experts. Some other forms of surgery need at least 5 exams, hours with the person, so I’m not totally opposed to the idea of a psychologist review. In 35 years, nothing has ever gone wrong with these evaluations.

^^^barbaric surgery ???

So sorry bariatric surgery, for weight loss. Some people have never tried a program like WW

OMG did I not catch my misspelling?

“People have suggested an additional letter from a vet.”

But it is not the ESA that needs a letter, it is the person who wants/needs the ESA. The letter says the person is in need of the ESA but doesn’t name the animal. The person could take a dog one time, a cat the next.

@twoinanddone not sure you carefully read what you quoted.- Fla. passed more stringent laws about FAKE Service dogs http://thegate.boardingarea.com/service-animals-bill-unanimously-passes-in-florida-today-to-become-law-on-july-1-2015/

A post above got me thinking.

I have problems flying ever since I was on a plane that had engine trouble and a subsequent fire. I think the last thing I would want is to have an animal with me on a flight because I really have to use all my energy to relax myself.

As much as I enjoy dogs and fine them calming at home, I would not want one on a plane with me.

Plus, raising service puppies, I am conditioned to training and managing their behavior constantly. I could not turn that off and it would create more stress on a plane.

MACmiracle: “I have problems flying ever since I was on a plane that had engine trouble and a subsequent fire. I think the last thing I would want is to have an animal with me on a flight because I really have to use all my energy to relax myself.” I think this is a very valid concern. Why should someone’s “need” for an ESA trump YOUR emotional need for NO animals? With all the badly-behaved/nontrained ESAs, people on flights should be nervous!

Unfortunately, if you assert your own need you will likely be labelled as a risk for some reason or another and you will be the one removed, instead of the animal.

No, I did read what you wrote. The states can’t change the ESA or service dog requirements because they are federal laws. What Florida did was to say that it would strictly enforce the federal law (ESA only applies to housing and air travel) and that only Service Dogs can enter public places like restaurants or stores. Florida is just clarifying that ESA certificates don’t work in restaurants or grocery stores, banks or malls.

Even if every psychologist in Florida refuses to issue an ESA letter, the landlords and other housing providers and the airlines must accept the letters issued by online or OOS licensed professionals because that’s federal law.

Fortunately, some of the HOAs have their own forms. So, a letter allowing a person to keep their 10 y.o. Dog or cat is in their new home is different from a general letter for airlines.

For the lawyers out there, an interesting read (collection of cases up to 2015):

https://www.animallaw.info/article/summary-emotional-support-animal-cases#id-9

An interesting collection. The verbiage in the letter matters.

I have zero sympathy for the ESA situation. If you are blind and need your well-trained German shepherd to guide you…fine. If you just want to cuddle a pet, suck it up like the rest of us. Your desires end where someone else’s breathing begins.

Because I am a rational adult, I don’t need management. If someone sits next to me and asks me not to open peanuts because he will have a problem, I won’t do it. My right to eat peanuts is not more important than this person’s right to breathe. Normal people, I thought (before the last 10 years or so) instinctively understand this. Amazing that we had generations who could manage to fly without dragging their pets along.

That seems unlikely to me, but in any case, bariatric surgery is the only method of weight loss that has proven to be effective in more than a tiny minority of people who try it. About 75% of people who have bariatric surgery keep their weight off for five years. About 0% of people who try diet and/or exercise lose weight and keep it off for five years.

Potential candidates for bariatric surgery are screened psychologically to rule out issues that might contraindicated. good outcome.

As for ESA animals, @twoinanddone , I think you misunderstand. No one is suggesting that states are changing the federal disability guidelines They are just saying they are being tighter on clarifying the limits of ESA animals and imposing consequences for falsifying records, not having a current letter, etc. @BunsenBurner’ examples of litigation are very helpful. And I wish there was a clearer definition of what constitutes a therapist/patient treatment relationship, such that the “fill out a form and talk on the phone for a few minutes” is clearly insufficient to meet a minimum standard of being “treated for a diagnosed disability”.

I also wonder how many of the people who get sham ESA letters would answer “yes” on any form in any doctors office asking historical background information asking “have you ever been diagnosed with a disability?” or “Do you have or have you had, any diagnosed mental health issues?” If they apply for life or long term care insurance, those are , sadly, often deal-breakers. But the people getting l mailorder/ on-line letters or buying vests on amazon to bring little fido not he plane r into their home at no charge may not give a thought to these issues. There are specific criteria for ESA’s- that they have to be part of an ongoing treatment plan for amelioration of a diagnosed mental health disorder. Letters that don’t address this or address the specific component of the ESA to the patient’s treatment plan should not be considered as meeting the minimum standard.

Here’s an interesting article about service dogs and ESAs in schools:

http://www.vnews.com/Service-and-therapy-dogs-get-mixed-reception-from-schools-12870389