Esas And Pitbulls: Understanding City Laws

The American Disabilities Act (ADA) states that any breed of dog can be a service animal, and that facilities do not have the right to exclude a service animal based on its breed. However, Breed-Specific Legislation (BSL) has been implemented in many states and counties, banning breeds deemed vicious, including pit bulls. This means that landlords and the area itself can seize or deny ownership of a pit bull, even if it is an emotional support animal (ESA). While the Fair Housing Act (FHA) protects individuals with ESA pit bulls, allowing them to live with their handlers, some cities or states may provide exemptions with proper documentation. It is important to check the local legislation before registering a pit bull as an ESA.

The Fair Housing Act (FHA)

The FHA agrees with the Americans with Disabilities Act (ADA) protocol that the removal of an animal should be based on the actual behaviour of the animal, and not assumptions and fears of potential harm. The FHA also protects individuals with disabilities from discrimination.

The FHA gives landlords some protection by allowing them to ask for further documentation of the disability. The person handling the ESA should show an ESA letter and proof of the need for the emotional support animal. However, such an inquiry shouldn't violate the medical record privacy of the person.

The FHA, alongside the Air Carrier Access Act (ACCA), also allows individuals to fly in-cabin with their ESA without any hassle, as long as the airline permits it.

It is important to note that ESAs are distinct from service animals and psychiatric service animals, which are trained to perform specific tasks.

The Air Carrier Access Act (ACAA)

The ACAA was passed in direct response to a narrow interpretation of Section 504 of the Rehabilitation Act of 1973 by the U.S. Supreme Court in U.S. Department of Transportation (DOT) v. Paralyzed Veterans of America (PVA). In this case, the Supreme Court held that private, commercial air carriers are not liable under Section 504 because they are not "direct recipients" of federal funding to airports.

The Act has been construed to contain an implied private right of action. However, in 2001, the U.S. Supreme Court held in Alexander v. Sandoval that federal courts may not find an implied private right unless a statute explicitly indicates that Congress intended to bestow such a right. Following this decision, the U.S. Court of Appeals for the Tenth Circuit, in agreement with the Eleventh Circuit, held that the Act can only be enforced by filing an administrative complaint with the DOT.

In 2013, the DOT issued new rules requiring all domestic and foreign air carriers to have accessible websites and kiosks. The core functionality of all air carriers' websites had to be accessible by December 12, 2015, and all remaining web pages by December 12, 2016.

In October 2023, the DOT launched a public awareness campaign, #AccessibleAirTravel, to raise awareness about the right of air travelers with disabilities to safe, dignified, and accessible air travel. This campaign was in celebration of the 37th anniversary of the ACAA.

The ACAA prohibits airlines from refusing transportation to people on the basis of disability, except for safety reasons. Airlines may not limit the number of persons with disabilities on a flight and may not require a person with a disability to travel with another person, except in limited circumstances. Additionally, airlines may not keep anyone out of a specific seat on the basis of disability, except to comply with safety requirements.

The ACAA also includes provisions for the accessibility of aircraft facilities, such as movable aisle armrests, accessible lavatories, and priority space for storing wheelchairs. Airlines are required to provide assistance with boarding, deplaning, and making connections, as well as accommodating assistive devices and service animals.

The ACAA applies to all flights of U.S. airlines and to flights to or from the United States by foreign airlines. It is enforced by the DOT, which has issued detailed regulations implementing the Act. These regulations cover areas such as nondiscrimination requirements, aircraft accessibility features, advance notice requirements, stowage of assistive devices, boarding and deplaning assistance, seating accommodations, and training of airline personnel and contractors.

Breed-Specific Legislation (BSL)

BSL was introduced in the late 1980s following increased media attention on dog attacks, particularly those involving pit bulls. The legislation has gathered supporters and critics alike. Supporters view BSL as a necessary regulation to protect the public from dangerous dogs, while critics argue that there is no correlation between dog breed and dangerous behaviour.

Pit bulls are the most frequent targets of BSL, despite 'pit bull' being a general type rather than a breed. Other breeds that are sometimes banned include Rottweilers, Dobermans, and boxers. BSL has been deemed discriminatory against responsible owners and their dogs, as it can lead to the euthanasia of innocent dogs that fit a certain "look".

BSL has been deemed ineffective in reducing dog bites and attacks. The U.S. Centers for Disease Control (CDC) states that more than 4.5 million people in the United States are bitten by dogs each year, with over 800,000 receiving medical attention. The likelihood of a dog bite and the severity of the injury depend on factors such as the dog's individual history, behaviour, general size, and the vulnerability of the person bitten.

The American Veterinary Medical Association (AVMA) and the American Veterinary Society of Animal Behavior (AVSAB) oppose BSL, stating that breed-specific bans are a simplistic answer to a complex social problem. They recommend alternative approaches, such as enforcing generic, non-breed-specific dangerous dog laws, prohibiting dog fighting, encouraging neutering, and implementing school-based education programs to teach responsible pet ownership.

Despite the backlash, BSL remains in place in many U.S. cities and counties. As of 2016, 36 states had adopted BSL, including 1052 cities, 38 counties, and 292 military bases. However, there is a growing movement to repeal BSL, with 73 municipalities across the U.S. having already done so.

The Americans with Disabilities Act (ADA)

The ADA also does not discriminate against any dog becoming an emotional support animal (ESA). However, it is important to note that ESAs do not enjoy the same protections as service animals and are not considered service animals. While the ADA does offer some protections for ESAs in terms of housing and travel, this does not guarantee equal treatment in all situations. For example, ESAs are not allowed in establishments that do not permit animals, even if the owner has an ESA letter.

To qualify as an ESA, a dog must be well-behaved, under the control of its handler, and provide emotional support to an individual with a mental or emotional disability. To register a dog as an ESA, an ESA letter from a licensed mental health professional is required. This letter should include the owner's name, information about their disability, relevant federal laws, proof of how the disability impacts daily life, and confirmation that the emotional support dog is prescribed by a licensed mental health practitioner.

While the ADA offers some protections for ESAs, Breed-Specific Legislation (BSL) enacted by certain states and cities may override these protections. BSL is a law that bans certain dog breeds that are believed to be dangerous to humans and other animals, with Pit Bulls often included on these banned lists. As a result, landlords in areas with BSL may deny accommodation to tenants with Pit Bull ESAs, and authorities could seize these dogs even if the owner has an ESA letter. Therefore, it is important to check local legislation before registering a Pit Bull as an ESA.

Service vs. Emotional Support Animals

The Americans with Disabilities Act (ADA) defines a service animal as a dog (or miniature horse) that has been trained to perform specific tasks for an individual with a disability. On the other hand, an emotional support animal (ESA) is any animal that provides comfort and support to individuals with mental or emotional disabilities but is not necessarily trained to perform specific tasks.

Key Differences

Species

Service animals are typically dogs or miniature horses, while emotional support animals can include a wider range of species, such as cats, birds, or even llamas.

Training

Service animals undergo specialized training to assist individuals with disabilities in various activities of daily living. They may guide individuals with visual impairments, alert individuals with hearing loss, provide non-violent protection, or assist with seizure detection and response. In contrast, emotional support animals do not require specific training and are not task-oriented. Instead, they provide comfort and support to their owners through their presence.

Legal Recognition

Service animals are legally recognized under the ADA and are allowed in public facilities, accommodations, and transportation. They are protected by federal laws and cannot be denied access to most places open to the public. On the other hand, emotional support animals have more limited legal recognition. While they are protected by federal laws for travel and housing, they are not covered by the ADA in the same way as service animals.

Qualification

To qualify as a service animal, the animal must be trained to perform specific tasks related to the individual's disability. A service animal must also be under the control of its handler and well-behaved. In contrast, qualification for an emotional support animal requires a prescription or letter from a licensed mental health professional stating the need for the animal as emotional support.

While both service animals and emotional support animals provide valuable assistance to individuals with disabilities, they differ in their species, training, legal recognition, and qualification requirements. Service animals have more extensive legal protections and are allowed in a wider range of places, while emotional support animals have more limited recognition and are primarily protected in the context of travel and housing.

Frequently asked questions