# Service dog ADA questions



## Mandalay (Apr 21, 2008)

The thread about the couple on the airplane that were not allowed to book with their service dogs got me to thinking. Let me say that I mean no disrespect here, I am just thinking out loud and wondering what anyone else thinks....

I have often wondered this...if accomodations are made to allow people to bring in service dogs to non-dog allowing places, but they go into someplace where someone is severly allergic to dogs and ends up having a severe athsma attack and ending up in the hospital over it - who was inconvenienced and who should have had the accomodations made for them? The person with the dog, or the person allergic to the dog? If the allergic person were to ask that the service dog / person with the service dog be removed due to their allergies - who would hold a higher rank under the law? If you think about it, a dog allergy could be considered a disability if that person were cramped in a small area with a dog.

What if, when getting ready to board a plane with a service dog, someone says that they or their child is severly allergic - should the person with the child or the person with the dog have to rebook their flight? If an airline were to book a flight for someone with a dog , would they then have to call the other people on that flight to make sure no one was allergic (even if it was not a service dog, but a small dog in a carrier that fits under the seat)?

If the person with the dog is blind, but does not need the dog to stay calm and sit in the plane, could the airline request that the dog go in a crate in cargo (or wherever dogs go, I've never flown with a dog) and airline personnel help the blind person around the plane to keep the person with severe allergies from dying on the flight? Or would that fall under discrimination?


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## allieg (Nov 4, 2008)

Good Question,can't wait to see the responses.


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## BlackPuppy (Mar 29, 2007)

How does somebody prove they are severly allergic to dogs?

I have heard people say that a cat was on their flight and they are allergic to cats, but no accomodations were made. I suppose if you were really nice to the FA, they would find somebody to swap with you. 

Hey, I was on a flight with a cat in the seat behind me once. I am very allergic to cats, yet had no problem with that one. It did meow a lot, though.


Okay, I have to add this also. I have been planning flights to Europe to pick up a puppy for about 4 months now. I have checked several airlines and they are pretty much the same. Service dogs are always allowed. They do have to sit under your feet. Pet dogs under 15 pounds are allowed on the floor under the seat in front of you. 16 pounds are NOT allowed.


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## Dainerra (Nov 14, 2003)

I believe that the favor goes to the person with the disability. they can't leave home without their dog any more than a paralyzed man could leave without his wheelchair.
there is also no accommodation given to employees that may be afraid or allergic to dogs except to have someone else assist the person with the animal


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## Lauri & The Gang (Jun 28, 2001)

> Quote:If the person with the dog is blind, but does not need the dog to stay calm and sit in the plane,


What if there's an emergency with the plane? The flight people would NOT be able to devote their time to helping just ONE person. THAT would be a lawsuit for sure!

Dogs and cats could be on ANY flight. If they fit under the seat they are allowed on the plane. As a former frequent flyer (almost every week for work) I can tell you that I've been on several flights were I didn't realize there was an animal on with me until after we landed.



> Quote:If an airline were to book a flight for someone with a dog , would they then have to call the other people on that flight to make sure no one was allergic (even if it was not a service dog, but a small dog in a carrier that fits under the seat)?


No. Just like if the flight was going to hand out peanuts they don't call and warn everyone.

If you have life threatening allergies it's up to YOU to be proactive about them.


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## Chicagocanine (Aug 7, 2008)

I don't know what they do on airlines, but when I took a cat on a Coach bus, when I got there the driver said he had to ask if anyone was allergic or would be bothered by a cat being on the bus, and if anyone said they were or if she disturbed other people by meowing too much she would have to ride with the cargo underneath (no way would I allow that.) I waited out in the cold with her in her carrier while he went inside the bus and asked. Luckily for us no one objected and she was quiet once we settled in.


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## ILGHAUS (Nov 25, 2002)

While flying with an Assistance Dog (U.S. facilities / airlines) the dog and handler are dealing with two acts and two government agencies.

Access issues to the airport itself and shops are covered under the Americans with Disabilities Act of 1990 (ADA) / U.S. Department of Justice (DOJ). 

Boarding, seating, and the flight itself is under the _"Air Carrier Access Act of 1986 (49 U.S.C. 41705), which provides that no air carrier may discriminate against any otherwise qualified individual with a disability, by reason of such disability, in the provision of air transportation."_ The agency which oversees this Act is the Federal Aviation Agency (FAA) under the U.S. Dept. of Transportation (DOT). Since 1986 there have been additional Guidances issued to clarify or make additions to this Act. 

Under the ACAA there are many twists and turns. Some items depend on the size of the aircraft such as does the plane hold more that 19 passengers, 50 passengers, 100 passengers. Some special requests (such as oxygen tanks) require 48 hours notice. Some regulations are based on the annual enplanements going through an airport such as more than 2,500 or 10,000 per year. 

But for basics with traveling with dog and no special equipment --

Quotes:

_(c) If a service animal cannot be accommodated at the seat location of the qualified individual with a disability whom the animal is accompanying (see § 382.55(a)(2)), the carrier shall offer the passenger the opportunity to move with the animal to a seat location, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel with checked baggage._

...

_§ 382.55 Miscellaneous provisions.

(a) Carriers shall permit dogs and other service animals used by persons with a disability to accompany the persons on a flight.
(1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified individual with a disability using the animal.
(2) Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.
(3) In the event that special information concerning the transportation of animals outside the continental United States is either required to be or is provided by the carrier, the information shall be provided to all passengers traveling with animals outside the continental United States with the carrier, including those traveling with service animals._

***********************************************
If the flight is not full the PWD with a SD can ask that they be given a seat with an empty seat next to it. This is not something the airline has to do but will try to accomplish if possible.


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## ILGHAUS (Nov 25, 2002)

Guidance issued by the DOT on May 9, 2003. 
From 
Federal Register / Vol. 68, No. 90 / Friday, May 9, 2003 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

What if an Airline Employee or Another
Passenger on Board Is Allergic or Has an
Adverse Reaction to a Passenger’s Service
Animal?

Passengers who state they have allergies or
other animal aversions should be located as
far away from the service animal as
practicable. Whether or not an individual’s
allergies or animal aversions are disabilities
(an issue this Guidance does not address),
each individual’s needs should be addressed
to the fullest extent possible under the
circumstances and in accordance with the
requirements of part 382 and company
policy.


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## Mandalay (Apr 21, 2008)

WoW! Thanks for all the information! 

This is all really interesting to me. I always wondered what would happen if someone complained about a SD, but I never looked it up or asked because it was not something that I needed to know at the moment.


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## ILGHAUS (Nov 25, 2002)

As far as size of dog, I have friends who fly with labs, German Shepherds, and other large dogs with no problem. A seasoned traveler knows to find out what type of aircraft they are booked on and then which seating arrangement would best suit them.

PWDs with SDs have the choice to board before other passengers but are not required to do so. Most prefer to board early so the airline attendant can help with their hand carried baggage and they have a chance to place their dog before other passengers board.


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## 3K9Mom (Jun 12, 2006)

Well, here... I have anaphylaxis allergies to peanuts and tree nuts. Not asthma. Not hives. I stop breathing. 

And it's not just to food I eat (which obviously I don't do), it's to airborne dusts, oils, and oils that I inadvertently touch -- like expensive lotions and hair products that have tree oils and nut oils.

Airlines do not limit what people bring on board. You can bring a bag of peanuts, trail mix, a PB&J sandwich, and you can certainly wear any sort of hair product or lotion you wish. 

Not only that, but there are a few airlines that will still serve peanuts (which are most toxic to me) even though I've advised them of my allergies. Forget about what OTHER people bring on board. This is the airlines itself!

The thing is, the world isn't perfect, and for those of us with dangerous or life-threatening allergies, it's quite dangerous. I have a catered dinner party to attend in a couple weeks, and I've been in regular conversation with the event planner (so has the person coordinating the event) for WEEKS to see if there's any way I can attend safely. When you're a PWD, that's how life is. Doors are often shut and you get used to trying to get doors opened. 


But the rights of access of one PWD doesn't trump the rights of access of another.

We are guaranteed "reasonable accommodation" under ADA (although air carriers are not regulated by ADA but rather ACAA, as TJ notes above). We are not guaranteed a perfect world. I would love it if an airline could truly create a flight that was 100% safe for me. But that's not reasonable. So a reasonable accommodation is to allow me to bring my service dog who is trained to detect, alert and alert others if I lose consciousness, among other tasks. It's an accommodation to allow me a bag big enough (or an extra bag) to carry all of my extra medicines, and for the FA to check on me a few times to ensure I'm ok; and maybe her help to get the guy sitting right next to me with the big bag of peanuts to either move or to throw away his peanuts and eat one of the snacks that I always bring to offer to my seatmates just in case. 

I don't expect a perfect world. I expect the world to accommodate me so that I get off the plane alive. That may sound melodramatic, but since Camper died, I haven't flown on a plane (without a human companion). The risk is very real. I won't fly without a companion or my SD. 

So no, my dog won't go into the cargo hold. The child with the dog allergy -- if it's really that bad -- can take a handful of Zyrtec or Benadryl (or whatever his doctor deems appropriate), carry several epi-pens, and do what I do every single day of my life. It's inconvenient. My friends have to rearrange their beauty regimes, can't order what they want off the menu, and my poor Dh hasn't had Milky Way bar in a decade just to deal with my allergies. I don't feel sorry for myself. It's just how life is. It sounds like that child is going to live a similar life. That's how it goes.


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## Mandalay (Apr 21, 2008)

> Originally Posted By: 3K9Mom The child with the dog allergy -- if it's really that bad -- can take a handful of Zyrtec or Benadryl (or whatever his doctor deems appropriate), carry several epi-pens, and do what I do every single day of my life.


I am really glad I started this thread. I was concerned that it would be taken as I was taking a side or being inconsiderate, and I really truly was not. I just wanted to get POVs from both sides or others thoughts on this. 

Example: I did not ever THINK that a person with a dog allergy could take Benedryl or whatever. I mean, I knew they took it, but it never crossed my mind that they would keep that with them. Even though I keep an epi-pen with me for bee stings or shellfish allergies.

I think it is really nice of you to bring other snacks for someone that may have to get rid of their peanuts...that is not something most people would think of or do on their own


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