The Oklahoma Bar Journal March 2024

CONCLUSION

to practice in both the Cherokee Nation Tribal Court and the Muscogee (Creek) Nation District Court, as well as in Oklahoma. Mr. Maxey serves as an OBA YLD board member and is the OBA Animal Law Section YLD liaison. 1. Emma. “Most Remarkable Service Dog Statistics in 2022,” Pawsome Advice (Jan. 9, 2022), https://bit.ly/4bCJ8Iu (a website promoting the use of emotional support animals) (last visited Feb. 12, 2024). 2. 49 USC §41705(a). 3. Id . 4. 49 U.S.C. §41705; and 14 C.F.R. Part 382 et seq . 5. Id 9. “ADA Requirements: Service Animals,” ADA (Feb. 24, 2020), https://bit.ly/49b3vv2 (last visited Feb. 12, 2024). 10. 14 CFR §382.3. 11. 28 C.F.R. §36.302(c)(6). 12. Id . 13. 29 C.F.R. §1630.9. 14. 42 U.S.C. §12102. 15. 42 U.S.C. §3601 et seq. 16. 62 O.S. §34.29(2). 17. 42 U.S.C. §3601 et seq . 18. Traveling by Air with Service Animals Advance Notice of Proposed Rulemaking. 83 Fed. Reg. 23832 (May 23, 2018). 19. 28 C.F.R. §35.104. 24. 49 O.S. §113.2.C-D; See also Michael Ollove “Several states crack down ‘fake’ service animals,” USA TODAY Oct. 29, 2017, https://bit.ly/3UHxrdF (last visited Feb. 12, 2024). 25. See https://bit.ly/3T8ee3R (last visited Feb. 21, 2024). 26. Id . 27. 41 O.S §113.2. 28. Id . 29. 28 C.F.R. §36.104. 30. See https://bit.ly/3T8ee3R (last visited Feb. 21, 2024). 31. Id. 32. 42 U.S.C §12102. ENDNOTES 6. Id . 7. Id. 8. 28 C.F.R. §§35.193, 36.104. 20. Id . 21. Id . 22. Id . 23. Id .

A service animal is defined under federal and some Oklahoma law and rules. This classification of friendly companion applies to a service animal’s assistance well beyond airline flying. The ADA’s regulations focus on individual training and clear implications that the language of “perform work or do tasks” generally requires a service animal to perform physical tasks. 32 The law presently is that emotional support animals do not need to be accommodated. The current ADA regulations continue to leave the proprietors of public accommodations with little guidance on how to deal with situations where an individ ual without an apparent disability purports to be accompanied by a service animal. Each airline, both American and foreign, has developed requirements to make certain that service animals com ply with the necessary rules to fly. Given that there are individuals with apparent disabilities using service animals who are refused service, it is clear that continuing education is necessary to ensure that all individuals with disabili ties, apparent or not, benefit from the protections of the law whether flying, dining in a restaurant, attending a public event or any other public activities. Morgan Maxey is an associate attorney with the Wirth Law Office in Tulsa and of counsel with the Maxey Law Firm in Enid. His practice focuses primarily on criminal defense law, animal law, deprived and juvenile criminal law and family law. He is licensed ABOUT THE AUTHOR

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