The Oklahoma Bar Journal March 2024

certification. 12 There is no Oklahoma law addressing this issue.

Requirement for an Individual to Qualify as Having a Disability Under federal and Oklahoma law, an animal owner only qualifies for a service, assistance or emotional support animal if they are either physically or mentally disabled. Federal law defines “disability” within both the ADA and the U.S. Fair Housing Act (HOA). 14 The HOA uses the term “handicap” instead of disability, which applies to a person who has “a physical or mental impairment which sub stantially limits one or more of such person’s major life activities; a record of having such an impair ment or being regarded as having such an impairment.” 15 Thus, the ADA and HOA have almost the same definitions. Oklahoma law reflects the federal definitions defining “dis ability” as “any individual who is considered to have a disability or handicap for the purposes of any federal or Oklahoma law.” 16 The Oklahoma Fair Housing Act defines disability as “a mental or physical impairment that substan tially limits at least one major life activity, when there is a record of such an impairment, or the indi vidual is regarded as having such an impairment. The term does not include current illegal use of or addiction to any drug or illegal or federally controlled substance.” 17 The ACAA’s Reasoning for Recognizing the Use of Service Animals The U.S. Department of Transportation (DOT) has provided multiple reasons for its current recognition of service animals in flight, which were in response to the concerns of individuals with disabilities, airline corporations, airline staff, airports and other parties involved in daily flights.

What Inquiries May Be Made Regarding Your Travel Buddy? Under federal law, only two

questions may be asked concerning your service animal accompanying you. This applies in general when seeking public accommodation, not just when flying on an airplane. The questions are: 1) Do you require your service animal because of your disability? 2) What tasks has your service animal been trained to perform? 11 No request may be made to the service animal’s owner regarding proof of training or

Definition of Accommodation A reasonable accommodation, as defined in the ADA, is a mod ification or adjustment made to a system to accommodate or make the system equal for an individual based on a proven need. 13 That need can vary. If it is represented that the animal is a service dog, a public accommodation must be made, and only the two aforemen tioned questions may be asked.

Morgan Maxey's dog, Zoey

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.

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THE OKLAHOMA BAR JOURNAL