Alrighty folks, I think it's time for a little chat and reminder about the laws regarding flying on an airplane with your dog.
Today during one of my lessons I had a student ask me, "Do you know anything about flying on an airplane with dogs?" I replied that yes I did know quite a lot about that topic as a person who has shipped dogs in cargo, traveled with dogs in carriers in cabin and traveled with a service dog, and a discussion ensued.
This particular woman has a dog that meets the weight requirements for being allowed to fly in a carrier in the cabin of an aircraft but he does not meet the size requirements as he has longer legs. He cannot even remotely come close to standing in a small carrier of that size and can barely turn around. She wanted to know if on a trip to Florida that she and her husband were planning I felt they would allow her dog in cabin. After traveling with Li and her corgi Clara a few times and knowing the hassles we ran into with a dog who did actually meet the requirements but was long in back as corgi's tend to be, I told her I doubted her dog would be allowed on and she would be turned away or forced to put him in cargo at the last minute.
She then told me, "Well I got my doctor to write me a letter saying I needed him." I immediately asked her, "So you have a severe disabling mental condition then?" I know she doesn't, she knows she doesn't, she just did this very
illegal thing to try to get her dog on the plan with her. I explained very very clearly to her how wrong this was and how it in the end harms people who legitimately need their dogs to assist them for a
disabling condition every day.
Here is the thing. If you want a Service Dog,
or if you want an Emotional Support Animal you still need to meet the
legal definition of
disability. The legal definition states:
A charging party has a "disability" for purposes of the ADA if she or he (1) has a physical or mental impairment that substantially limits a major life activity, (2) has a record of such an impairment, or (3) is regarded as having such an impairment.A "major life activity" is defined as:
* Examples of major life activities listed in the Title I regulations include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
* Other examples of major life activities include sitting, standing, lifting, and mental and emotional processes such as thinking, concentrating, and interacting with others.
Also part of the definition is "Substantially Limits." Here is the legal definition of that:
* An impairment is substantially limiting if it prohibits or significantly restricts an individual's ability to perform a major life activity as compared to the ability of the average person in the general population to perform the same activity.
* The determination of whether an impairment substantially limits a major life activity depends on the nature and severity of the impairment, the duration or expected duration of the impairment, and the permanent or long-term impact of the impairment.
* An impairment substantially limits an individual's ability to work if it prevents or significantly restricts the individual from performing a class of jobs or a broad range of jobs in various classes.
* Although very short-term, temporary restrictions generally are not substantially limiting, an impairment does not have to be permanent to rise to the level of a disability. Temporary impairments that take significantly longer than normal to heal, long-term impairments, or potentially long-term impairments of indefinite duration may be disabilities if they are severe.
* Chronic or episodic disorders that are substantially limiting when active or have a high likelihood of recurrence in substantially limiting forms may be disabilities.
* An individual who has two or more impairments that are not substantially limiting by themselves but that together substantially limit one or more major life activities has a disability.
The
majority of people with a diagnosable mental illness or conditions are
not legally disabled by their condition as it does
not substantially limit a major life activity. Going on vacation is not a major life activity. Going on an airplane is not a major life activity. Being unable to think to leave your home so that you can walk out the door and go grocery shopping, the being unable to think because of your agoraphobia, that would be a major life activity.
That means that under the legal definition the
majority of people with mental illnesses or conditions
cannot legally be partnered with a Service Dog or have an Emotional Support Animal in housing or on an aircraft! It doesn't matter if you have a doctor's note or whatnot, if you are not
legally disabled by your condition, you cannot have a service dog or emotional support dog. Period. End of story. Them's the law.
If you are having anxiety about the idea of putting your dog in cargo, I am very sorry as I know that is not enjoyable to be feeling, but it does
not make you legally disabled by a mental illness or condition!
If you have a dog that you legally cannot take as a carry on pet in a carry on carrier in the aircraft cabin with you or as a service dog or emotional support dog, you do have options still.
Option 1: Leave you dog home. It's really that simple. Find a good kennel. Find a terrific pet sitter and leave your canine friend at home while you go on vacation. Trust me I am fairly sure that your dog will be absolutely fine while you are gone. Same as the majority of pets left in capable reliable pet care professionals hands are on a daily basis. When I go away, and have to fly, I leave my other dogs with my sister. I pay her a good sum of money and fill my fridge with food and she is willing to house sit for me. I then know my dogs are in good hands and well cared for and safe.
Option 2: Put your dog in cargo. Yes this is risky, but you can still do it if you really want to take your dog with you. There are things you can do to better ensure your pet is safe while in cargo. First talk it over with your vet. Make sure he or she feels your pet is emotionally and medically stable enough to be in a cargo hold for an extended period of time. Second put a note on the top of the carrier that you request the people who load the cargo radio the pilot of the plane when your dog is loaded. Then if you don't get a confirmation from the pilot that they have received the radio call, bother them until you get your confirmation. Third zip tie your dog's crate shut so that an airline employee cannot open the crate or the crate will not pop open accidentally possibly letting your dog to escape and get lost on the tarmac in a strange scary place.
Option 3: Drive. This really is an option if you absolutely are too terrified to put your dog in cargo or leave your dog home and you still want to go on your trip. Don't try to tell me, "Well we're only going for a week, it's ridiculous for us to spend all that time driving!" No it's not if you want to really take your dog with you. This is what tons of people I know do and what Li and I do. After our last flying trip with Clara in the sherpa bag that was way too stressful and Li being too scared to put her in cargo, we instead drive everywhere we want to go.
Option 4: Stay home. Just cancel your trip and don't go. If options 1-3 just aren't ok with you then your
only other option is to
stay home.It is
not an option for you to fake that you are disabled and need your dog as a service dog or emotional support animal just so you can take him or her in the airplane cabin so you can go on a trip. Faking a disability and a service dog or emotional support animal is illegal and has serious legal repercussions. You are also making it incredibly more difficult for all legal service dog teams to gain access to places they need on a daily basis. These people, myself included, depend on their dogs for assistance with daily tasks that the majority of the human population takes for granted. You taking your dog somewhere just because you feel bad leaving him or her home, or it makes you feel better bringing your pet, is breaking the law and setting the real teams up for more access disputes, hassle and discrimination. Just don't do it.
(just to note, my student was very understanding once I explained the law to her and she was very emphatic that she would, "Rip up that doctor's letter!" As she doesn't want to hurt the legit people who need these working dogs. She just didn't know better as people had told her it was ok. It's not ok. She was very nice once I got her on the right track. Hopefully she will even educate her doctor so the next time he or she gets someone asking for such a note, he or she will know the correct laws and what is legal.)