One of the things I love the most as a Google Local Guide, and have been actively involved in, is highlighting accessibility features on Google Maps. It is personal for me, as my nuclear family all have disabilities. I have written several posts here on Connect about adaptive features, or assistive equipment that help the differently abled navigate and optimize their use of Google Maps and enrich their lives.
A very important assistive tool for use in a differently abled person’s life can be their Service Animals or Emotional Support Animal (ESA). An ESA is different than a Service Animal in that it does not have to be trained or certified because they are not expected to carry out or help their owner complete a task, they are strictly used to comfort their owner. The requirements are different in each state, but are still mandated by the Americans with Disabilities Act (ADA). For instance in the state where I live, Arkansas, USA, an ESA in is defined as “an animal that can provide therapeutic benefit to someone suffering from an emotional or mental health disability.” Arkansas Emotional Support Animal Laws
WORK
The ADA gives protection for disabled persons to bring their Service Animal to work. This does not cover the ESA. Some employers may make accommodations for an employee with an ESA, if a letter on a doctor’s letterhead, is supplied from a doctor in that state, who is treating the person for a mental condition, states the ESA is necessary. It must be renewed each year. This still won’t guarantee accommodation.
Arkansas Laws on Service Dogs and ESA
The stigma of surrounding mental illness may come in to play, the person may not want to have their private information disclosed to this degree, and still not be able to have their comfort animal.
AIR TRAVEL
As of March 2021 the Department of Transportation changed the rules regarding ESA and air travel. Now airlines can decide whether they will allow ESA on their flights. Many major airlines have chosen not to including United Airline, American Airline, Jetblue, Frontier, and Southwest Airlines.
Pettable theorizes that is may be because some passengers were bringing peacocks and miniature horses as ESA. Or that it benefits the airline now that you must pay a pet fee to bring your ESA into the cabin with you. This is just the opinion stated by this website.
HOUSING
Housing is a very important aspect in the right to have a service animal or ESA.
First, there are some housing policies that state no pets allowed.
Second, there may be pet deposits required.
And third, there may be monthly pet rents.
This is the case here in Arkansas. If the person has a legitimate Service Animal, or Emotional Support Animal, they cannot be refused housing. They must be allowed. For clarification, an ADA defined Service Animal is a dog of any breed. There are also certain provisions made for very small mini horses.ADA on Service Animals
An ESA can be any domesticated animal that doesn’t cause a nuisance.
However, all of the documentation requirements of the housing must be met. For an ESA, it is the official letter.
For the Service Animal, in truth, there is very little, by law, (The Americans With Disabilities Act) that the housing manager can ask. But in reality and in practice though, they frequently want hard to obtain, personal privacy violating, documentation, that delays or precludes the disabled person from obtaining the housing of their choice.
According to The US Department of Housing and Urban Development
a Housing Manager may ask:
“1. Is the animal a dog?
If “yes,” proceed to the next question.
If “no,” the animal is not a service animal but may be another type of assistance animal for which a reasonable accommodation is needed.”
“2. Is it readily apparent that the dog is trained to do work or perform tasks for the benefit of an individual with a disability?
If “yes,” further inquiries are unnecessary and inappropriate because the animal is a service animal.”
“If “no,” proceed to the next question.
It is readily apparent when the dog is observed: guiding an individual who is blind or has low vision pulling a wheelchair providing assistance with stability or balance to an individual with an observable mobility disability”
“3. It is advisable for the housing provider to limit its inquiries to the following two questions:
The housing provider may ask in substance: (1) “Is the animal required because of a
disability?” and (2) "What work or task has the animal been trained to perform? " Do not ask about the nature or extent of the person’s disability, and do not ask for documentation. A housing provider, at its discretion, may make the truth and accuracy of information provided during the process part of the representations made by the tenant under a lease or similar housing agreement to the extent that the lease or agreement requires the truth and accuracy of other material information.
➤ If the answer to question (1) is “yes” and work or a task is identified in response to question (2), grant the requested accommodation, if otherwise reasonable, because the animal qualifies as a service animal. If the answer to either question is “no” or “none,” the animal does not qualify as a service animal under federal law.”
So no questions about the person’s disability and no documentation is necessary. If you have a service dog, please comment if this has been your experience. My husband has a service dog. It has not gone that smoothly for him. My daughter has an ESA. I find the official ESA letter violates her HIPPA rights. The apartment staff now knows her intimate mental health history.
Lastly, as I mentioned above an ESA requires no training. A Service Animal must be trained to do a specific task related to the handler’s (disabled person) specific disability. They are not pets. This is why when a Service Animal or ESA is in public you will see them frequently wearing a vest that is marked with “SERVICE ANIMAL” “DO NOT PET”. It is because they are working and must be vigilant performing the service they are trained to do.
Please comment about the different state laws in your area or country regarding Service Animals and Emotional Support Animals (ESA). If you have a story you would like to share or photo please do!
This cat is Azalea, my daughter’s ESA. she just turned 5 years old on March 4th. As you can see here, she provides skin touch for her.
This dog is Red. He is my husband’s Service Dog. He is trained to wake him if he has periods of Sleep Apnea. UPDATE @visitrogersar featured my Instagram post on accessibility on their Instagram story! I’m so happy they are helping me to raise Disability and Accessibility awareness in Northwest Arkansas