Tuesday, May 16, 2006

 

Fear of Flying? Take Your Duck


“I’ve a right to think,” said Alice sharply... “Just about as much right,” said the Duchess, “as pigs have to fly.”

If you have an emotional support animal, there is no telling where you can go. The 1990 Americans With Disabilities Act says that anyone relying upon a specially trained animal to function has to have full access, with the animal, to all businesses that serve the public. Most people thought that primarily referred to seeing eye and hearing ear dogs, but in 2003 a ruling by the Department of Transportation stated for the first time that animals aiding people with emotional problems like depression or anxiety must be given the same airplane access and privileges as the seeing and hearing ones. Moreover, the D.O.T. ruling, which some say is a little dotty, didn't say anything about special training. American Airlines says that it is still mostly dogs flying, they have also had to board monkeys, miniature horses, cats, and in one instance, an emotional support duck.

The idea is catching on. People naturally assume that if the DOT(y) says I can take my animal on a plane, well, then, I can take him anywhere. So restaurant owners are letting Fido dine, albeit nothing on a duck yet (who knows what the duck might do if he saw a relative on the plate), rather than take a chance on violating the ADA, bringing down problems far more serious than a little scooping.

And the New York courts, not to be outdone by California, are ruling that a tenant in a no-pets building can have a pet if one is needed for emotional support. The lawyers see a new specialty here, suing landlords, and one was quoted in the NYT that she has 99.9 percent success if you have a note from your doctor. If you think about it, that is ducky. You have your pet, but don't have to worry about stepping in anyone elses.


Oh, and just in case the restaurant threatens to get mulish about it, you can order off the internet a "service dog in training" patch for his service vest, and cards that explain your rights under the ADA, as well as the phone number of the Justice Department.

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