ESA animal mauls another passenger on airline flight

I feel sorry for the bite victim and for the dog. They are the ones who are going to end up bearing the burden of this fiasco.

If the airlines only allow children up to two to sit on their parent’s lap then why is a 50# plus dog allowed in the same space? A 75th percentile toddler weighs in at about 34 pounds. So an ESA dog over 34 pounds should buy an extra seat.

There are also people who fly 3yo as 2yo.

Airlines should never allow seat belt extenters. Those people are stealing my space.

In my experience, the rights of the ESA owner trump the allergy sufferers. My son and I were all set to board a flight when we noticed a woman walking on with her “therapy cat.” I quickly asked the flight attendant and found out she was seated right next to my son and I. We are both HIGHLY allergic to cats and can have asthma attacks induced by cats. I know I’ll get yelled at for this, but at the time we did not have Benadryl or an inhaler with us. (In the years since then, we never travel without liquid Benadryl and an inhaler, we’ve learned our lesson.) I informed the flight attendant who basically said “tough crap.” I actually asked where her right to bring the animal trumped my right to be able to breathe and asked them to switch the woman’s seat. Instead, the attendant asked the people in the last row of the plane if they’d switch with us. I promise I was kind when this started, but by the end I was pissed as I felt I had no rights, so I can see where these things escalate and people get denied boarding or escorted off. I was worried about my son the whole flight. I figured it was only a matter of time before something major happened to someone as a result of one of these ESAs. I’m just surprised it took this long.

My Daughter’s graduate dorm has a bunch of dogs living onsite, where pets are banned, but comfort animals are approved (wink-wink). I got a kick out of one young man coming down the stairs. He had his shirt off and was ripped – six pack and all.

Not sure how he has all that time to work out, considering he needs such comfort from his four-legged friend.

Well, the pig that crapped all over the plane did get boot off the stinky plane


When we flew the cats, cabin was a necessity not a made up ESA garbage. Cats could have got lost in international transfers. We paid $100 per each cat plus per pound
 for each leg of the flight. Thankfully, the airline (sadly now acquired) had the first dibs rule: a paying pet had a priority if the pet reserved her under the seat space before any allergy sufferer bought his tix. And vice versa. I had to call the airline and wait 2 days for the confirmation that no allergy sufferers had requested accommodations. Then the cats got their tix. And I bought them business class seats because if the person sitting next to them had objected, the cats would have been booted out. So 2 seats in the row only - threat eliminated. Yup. I followed the rules. It was neither cheap nor a cakewalk. The ESA cheaters gaming the system have no sympathy from this law abiding citizen.

Apparently, the ADA does not apply to service animals flying on commercial airlines. Instead, the Air Carrier Access Act, which I had not previously heard of, does. https://www.ada.gov/regs2010/service_animal_qa.html

I haven’t looked at the actual ACAA, but did find the following link, which purports to quote a federal regulation that corresponds with the ACAA. http://www.southwestada.org/html/topical/aircarrier/aircarrier_serviceanimals.html

I find it interesting that, under the ACAA (at least according to the link), a commercial airline “must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft” and “must accept 
 the credible verbal assurances of a qualified individual with a disability using the animal” as evidence that the animal is in fact a service animal.

A “passenger [who] seeks to travel with an animal that is used as an emotional support or psychiatric service animal” and who wants that animal to travel in the cabin rather than in cargo is only required to provide the airline (if the airline chooses to require it) a letter from a mental health care professional saying essentially that the passenger needs such an animal.

An airline is “never required to accommodate certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders) as service animals in the cabin. With respect to all other animals, including unusual or exotic animals that are presented as service animals (e.g., miniature horses, pigs, monkeys), as a carrier you must determine whether any factors preclude their traveling in the cabin as service animals (e.g., whether the animal is too large or heavy to be accommodated in the cabin, whether the animal would pose a direct threat to the health or safety of others, whether it would cause a significant disruption of cabin service, whether it would be prohibited from entering a foreign country that is the flight’s destination). If no such factors preclude the animal from traveling in the cabin, you must permit it to do so.”

What I get from this is that, if someone claiming to be a qualified individual with a disability is traveling with an animal that they claim is a service animal, and you have a problem with sitting next to that animal, it doesn’t sound like there is a lot the airline or you can really do about it.

Personally, I am sympathetic to those who legitimately need legitimate service animals (e.g., a blind person who needs a professionally trained dog to help them “see”). But this system certainly seems ripe for abuse by the unscrupulous. I would like to see the law reworked to ensure that those who actually need to travel with these animals have the right to do so; that imposes some kind of requirements that service animals must meet in terms of training (to protect those people with whom the animal comes into contact), certification (so that the traveler has something to show the airlines as proof that this animal is an actual service animal) and registry (so that there is a way to locate the owner if his animal hurts someone and then the owner and the animal take off on another flight); that has punitive consequences for those who attempt to abuse the system; and that somehow accommodates the health, safety and comfort of other passengers.

I am VERY sympathetic to those who need service animals. I am OVER those claiming emotional support animals. Im tired of animals being everywhere, and yes I am a dog owner, who loves her dog.

I don’t think I’ve ever seen a dog in a restaurant, library, airport, store, or whatever unless it belonged to the owners (stores) or was a guide dog. Is it really so common?

Really? They are everywhere, and where I live, usually not a problem. Often very small dogs, but there are many places where any dogs are welcome. Stores, restaurants with outdoor sections, sometimes you see them in the malls. My dogs love hardware stores, except it’s really hard to get through Home Depot without people stopping you all the time. My husband tries to hide their basket between flowers and lumber so people don’t notice. Then they see the little heads poking out and it’s delay after delay, but they enjoy going out so much, what can you do?

In fact, I think my picture is of the Home Depot dogs. What a great place for them.

I’ve gotten the sense, based on other threads talking about people bringing their dogs everywhere, that it is regional. In New England, if you go to a kids’ sporting event or other outdoors activity, you’ll likely run into many dogs. Stores and restaurants, pretty much never, thankfully.

If you ever shopped at the flagship Nordstrom, you probably have seen a few shoppers with dogs. Not just teacup pups, gigantic dogs!! Shedding all over the merch.

@doschicos, that’s my experience also. Places I have taken my dog: farmer’s market, cafe with outdoor seating when traveling. That’s it. Maybe I should take her to more places! :smiley:

As another poster mentioned, what about people with allergies? In an enclosed space like a plane, this can be a real problem, and severe allergies can quickly become a medical emergency. Allergies/asthma can also qualify as a disability under the ADA. The rights of one group shouldn’t trump the rights of the other
both have valid medical needs. Divvy up the routes so that animals can be on some but not others?

I see them a lot in airports and on airplanes, not so much elsewhere. I think every domestic flight I have been on the last six months has had a dog on it.

Here is my take:

For ALL other accommodations, you HAVE to provide a doctor’s note or you DON’T get the accommodation.

Example: If you are on crutches, you will get a ticket for parking in a handicapped spot if you don’t get a handicapped placard and ID.

I cannot for the life of me understand why service animals of any sort are different, why there isn’t a AMA-recommended form that must be filled out, and a card kept by the person.

In my state, people have to have their disabled person’s ID with them, or a cop can give them a ticket for using their OWN handicapped placard!!! HOW is a service animal different?

As for allergies that are so severe/life-threatening, again, carry a card or doctor’s letter with you. If you don’t, you are risking your own life.

If both had cards, then there’s where the airlines have to REQUIRE such information upon booking. If the person with a service dog reserves first, the trip gets marked “DOG IN CABIN” and that note is shared with others booking. If the person with dog allergies reserves first, the trip gets marked “NO DOGS IN CABIN”. It’s computers, people, make them do what we want!

If anyone can provide a sound logical argument as to why some aspects of being disabled can be “none of anyone else’s business” but other aspects are, please let me know. Protection of the right to a service animal can not infringe on others’ rights, and an airplane is essentially a place of public accommodation.

@rhando, from what I can tell, ESA owners must have a letter from a doctor identifying them as having a disability which would qualify them for ESA ownership. Airlines can ask to see this letter.

As to how easy it is to get the letter? Sounds like it’s not much of a problem for the very determined.

Note that there is a big difference between service animal and ESA.

https://www.nsarco.com/pop-esa.html

There are online outfits that will provide such letters for a fee


Why are people assuming that the dog’s owner did not legitimately need the support of his dog? As a veteran, it is not inconceivable that he needed the dog to manage flight (or non-flight related) severe anxiety, PTSD, etc.

It’s difficult for any of us to know what caused the dog to attack. I agree that the dog seems too large for his owner’s lap. Perhaps that, combined with the unfamiliar surroundings and close quarters made the dog uncharacteristically nervous and upset. In addition, given how tight the seating is these days, it is very possible the the other passenger inadvertently hurt the dog.

It seems like there needs to be a better way to confirm whether there truly is a need for the animal. Once confirmed, the airline should be required to offer appropriate accommodations, such as bulkhead seating where the animal can sit or lay on the floor.

@HMom16 I don’t think anyone assumed that the owner discussed in the OP did not legitimately need the support of his dog. The conversation morphed and people have been talking about whether the rights of those who need service animals should trump the rights of those who have reasons to object to traveling with animals, and about their own experiences in which the need for someone (not the owner in the OP) to travel with an animal was questionable.

@rhandco, I’ve never seen a mark saying “dog in cabin” and have been on plenty of flights with dogs. My daughter and husband have severe cat allergies (hives, body swelling). So are you saying that I could somehow get them registered somewhere, and then when I book the flight give the airline notice, and they will make sure no cats are brought on board as long as no ADA or ESA cat has already been registered? I also thought that ADA/ESA animal owners could just show up and the airline had to accommodate?

On a separate note, you do hear about people who don’t scam the system, their animal gets put below, and the animal dies. The most recent incident with that famous big bunny will only exacerbate the problem; you only need to hear one or two of these stories, and as a pet owner you’d be awfully tempted to scam the system to make sure your pet remains with you.