Emotional Support Animals: The Rights of the Rest of Us

Emotional Support Animals

Airline rules on Emotional Support Animals (ESAs) have recently been in the news.  These animals are critical tools for their handlers, but they are not the same as Service Animals which must be allowed in all public places.  Airplanes and housing establishments are required to accommodate ESAs, subject to a few federal rules.  But what to do when the ESA doesn't seem needed, or if it is misbehaved or dangerous?  Do the rest of us have any rights?  As the great Finneas (of Finneas and Ferb) would say, why yes, yes we do.  Here we go:

ESA and the Rights of the General Public

I should expect the ESA to behave.

We are entitled to expect ZERO harassment by an ESA.  This means, no growling, no lunging, no biting, no urinating, no defecating, no use of the human furniture by an ESA in an inappropriate manner.  An animal that is not quickly brought under control by their handler causes the handler to immediately lose their right to have their ESA present, and the ESA immediately loses its status as an ESA. 

​Keep in mind, though, that an isolated bark or sniff that is quickly brought in line by the handler does NOT count; this applies only when the handler is not able to quickly bring the animal's behavior under control.  

I should expect that the ESA is clean and healthy.

We are entitled to expect that the ESA is clean and healthy. This means that there are no offending odors, no excessive dirt or shedding, no open sores, no dribbling out of orifices.  Also, it means no active infections, an appropriate temperament for being out in public spaces, and all vaccinations are up to date. 

Potential Conflicts with an ESA

If my property or I are harmed by the ESA, I should expect that my costs will be paid by the handler.

Should we experience harm caused by the ESA, we are entitled to expect appropriate compensation from the handler.  If I am bitten, my medical costs should be covered.  If my clothing is damaged or soiled, cleaning/repair/replacement costs should be covered.  This is true even if the animal is not an ESA; similar expectations are in place when the incident is caused by a neighbor's pet.  

Of course, you also have a right to have the harm stop immediately.  Most local statutes allow you to destroy an attacking animal.  The ESA loses its protected status once it is no longer under effective control of its handler.

My disabilities have an equal right to accommodation.

If we have a health condition that is triggered by the ESA, we are entitled to have our needs accommodated.  So, for example on an airplane, if you have a severe allergy or a disabling anxiety triggered by the ESA, you may request a different seat.  Be reasonable about who should move; if one of you is seated with family, the other should probably move; if both of you are seated with family, you can have family members shuffle seats to maximize distance between yourself and the ESA.  With  courtesy and good humor, a compromise that suits both people should be found.

Rights of an ESA and Their Handlers

Do not challenge whether the ESA is necessary.

Why someone needs an ESA is none of our business.  It is not for each of us to determine whether a condition warrants the use of an ESA.  An ESA can be a startlingly effective way to treat numerous conditions, and effectiveness can be highly individualized.  In a society that historically discounts the importance of accommodations for invisible disabilities, bringing an ESA out in public is a brave act.  As long as the ESA does not obviously pose a health or safety risk, leave it alone. 

Do not challenge the ESA's credentials to serve.

How the ESA "earned" its status as an ESA is none of our business.  Once again, it is not for any of us to create some arbitrary standard for all ESAs.  They are already subject to standards that protect the health and safety of the rest of us.  Just as we are not in a position to determine if an ESA is needed, we are not in a position to determine what is required in that ESA's training.

I hope this information puts your mind at ease when encountering an animal in a public place.  You always have the right to expect that an animal will not threaten your health or safety.  If you have conditions that require separation from the animal, it is your right to be accommodated.  You should not concern yourself if you don't "see why" someone might need an animal with them, as long as the animal does not bother you.  And if (and only if) an animal does not conform to expected health or behavioral standards, you do have the right to have have the animal removed, and if you were harmed to be compensated for that harm.   If you require any assistance in resolving a dispute regarding an ESA, or if you would like to determine whether an ESA would be appropriate for someone you know, please contact me at [email protected] or 847-977-9051.