Who Gets to Fly and Why? The Science and Law on Service, Emotional Support, and Therapy Animals

Who gets to fly, and why? photo: AdobeStock

You’ve probably heard the story about the woman who tried to bring her emotional support peacock onto a United Airlines flight. After repeated warnings, she and her bird were not allowed to board and ended up driving to their destination. There are many videos, articles, and memes about this episode, which are all pretty entertaining. Personally, I’m willing to bet she had a better understanding of the airline’s position once her bird’s plume was blocking her rearview mirror.

But humor aside, boundary-pushing situations like this one are exactly what forced the U.S. Department of Transportation to enact more stringent rules on what can or cannot be considered an emotional support animal (ESA). Today, only dogs are legally considered service animals or ESAs for plane travel. Birds, cats, miniature ponies, bunnies, ferrets, and so on are no longer allowed to fly in the cabin or on the laps of their owners.

But cynics beware! A growing body of research shows that companion animals can provide beneficial psychological and physiological support for those with mental health issues. In fact, each and every one of us - regardless of mental health status - benefits from the release of oxytocin (the happy hormone) simply from petting our pets. It’s a highly bonding experience that deepens the connection between human and pet. You don’t even need an official service dog to receive this perk - and our pets benefit, too. 

A recent study by Dr. Janet Hoy-Gerlach and colleagues suggests that emotional support animals provide quantifiable benefits to individuals with serious mental illness. "The biomarker findings, along with the standardized stress, anxiety and loneliness surveys and qualitative interviews together suggest insights into how emotional support animals may help reduce symptoms and loneliness associated with chronic mental illness," says Dr. Hoy-Gerlach. "We can't make any generalizations or big sweeping claims, but the findings are pretty straightforward for this particular group of people."

Another recent study examined the pluses and minuses of owning an emotional support dog. On the plus side, both humans and dogs experienced an increase in positive neurohormones, providing calming benefits. On the minus side, researchers found some people experienced financial challenges due to food and vet bills, as well as difficulties finding housing. For example, dogs who damaged property, barked excessively, or showed aggression towards other humans or animals were not likely to be tolerated in most rental situations or by landlords, neighbors, or roommates, regardless of their alleged status as an ESA.

And this is where the very important distinctions between emotional support, therapy, and service dogs come into play. According to the Americans with Disabilities Act, a service animal must be trained to perform a specific task that helps a person with a specific disability. A licensed medical professional must document the fact that the human needs the service dog and that the dog is qualified to provide the service. 

By contrast, emotional support animals do not need to be trained for a specific task or really trained at all. The person must have a letter from a licensed health care provider stating that they need an emotional support animal, but there are no requirements for the animal itself. ESAs do not need to demonstrate a grasp of even basic commands or to pass an accepted certification test, such as the American Kennel Club Canine Good Citizen program. As you can imagine, this lack of training is where a lot of the problems with ESAs on airlines originated.

Finally, there are therapy dogs. These dogs are allowed to go to public facilities such as hospitals, senior homes, or even trauma scenes to provide calming neurohormonal therapy by allowing people to pet or talk to them. Therapy dogs are generally well-trained and typically operate under the auspices of a nonprofit organization. Unlike service dogs or ESAs who only interact with their own humans, therapy dogs are trained to provide comfort to strangers in a variety of settings (read more about differences between service, therapy, and emotional support dogs here).

Unfortunately, there is little to no regulation regarding these three types of dogs, meaning anyone can claim an animal is a qualified ESA, service, or therapy dog (note: this is very unlikely in the case of a service dog or therapy dog, most of which are trained and placed by reputable organizations). But it is in everyone’s best interest to be honest because, should problems arise, the legal ramifications can be dire. In fact, the owner, trainer, or licensed medical practitioner may all be subject to litigation should the animal damage property, cause noise disturbances, or bite a human.

The good news is that research is ongoing to determine if a dog is suited to service, emotional support, or therapy work before attempting to qualify the dog as such. This way, a person who genuinely needs the help of these canine heroes will be much more likely to get a dog who can truly provide the care needed - not just an animal pal who wants to go on a plane ride.