The Oklahoma Bar Journal March 2024

A nimal L aw

Traveling With Your Best Friend By Morgan Maxey

S ERVICE, EMOTIONAL SUPPORT AND ASSISTANCE ANIMALS work diligently for millions of Americans every year. These invaluable companions may be floppy-eared friends when you need emotional support, the eyes upon which you rely as someone who knows your bark better than their own or your best mate for air travel adventures. In fact, traveling service animal companions have increased from 2,400 recognized in 2014 to over 200,000 recognized in 2019. 1

concerning traveling by flight. 2 The ACAA states that air carriers “may not discriminate against an otherwise qualified individ ual on the following grounds: the individual has a physical or mental impairment that substan tially limits one or more major life activities, and the individual has a record of such an impairment.” 3 This act is enforced by the U.S. Department of Transportation. 4 A “physical or mental impair ment means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the follow ing body systems ... or any mental retardation, organic brain syn drome, emotional or mental illness, and specific learning disabilities.” 5 This definition “includes, but is not limited to, such disease and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, can cer, heart disease, diabetes, mental

retardation, emotional illness, drug addiction, and alcoholism.” 6 The ACAA defines “major life activi ties” as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” Therefore, to qualify under the ACAA to fly with your companion animal, you must be diagnosed with one of the afore mentioned disabilities. The ACAA does permit service animals, but assistance animals are not addressed, and emotional support animals are specifically excluded. 7 If you are wondering about “therapy animals,” although they provide great value in their duties, they have no special legal designation and are not recog nized by federal or Oklahoma law as it concerns assisting the disabled, unlike service, emotional support or assistance animals.

Both federal and Oklahoma law provide designations for how a person may qualify for a furry or even scaly companion animal. Additionally, a large amount of law on this topic is spread between the U.S. Fair Housing Act, Americans with Disabilities Act and Air Carrier Access Act. The law is intricate and varies as it con cerns qualifying for the use and assistance of a service, emotional support or assistance animal. This article will address the fun of fly ing with a qualified animal desig nated to assist with one’s disability and provide a general discussion of what effect various statutes and administrative rules have on these classifications of animals. LAWS GOVERNING FLIGHT WITH YOUR COMPANION The federal Air Carrier Access Act (ACAA) does not permit discrimination in any form con cerning the necessity or existence of a person’s qualifying disability

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

26 | MARCH 2024

THE OKLAHOMA BAR JOURNAL