Tag Archives: service animal

DOT Clarifies Enforcement Priorities Concerning Air Travel With Service Animals

by John M. Simpson.

On August 8, 2019, the U.S. Department of Transportation’s (DOT’s) Office of Aviation Enforcement and Proceedings (Enforcement Office) issued a Final Statement of Enforcement Priorities Regarding Service Animals (Final Statement).  This action apprises the public of DOT’s “enforcement focus with respect to the transportation of service animals in the cabin of aircraft” which DOT regulates under the Air Carrier Access Act (ACAA).  Last year, DOT initiated an advanced notice of proposed  rulemaking under the ACAA to respond to concerns expressed by individuals with disabilities, airlines, flight attendants and other stakeholders about the need for a change in DOT’s service animal requirements.  Recognizing that the rulemaking process can be lengthy, DOT also issued an Interim Statement of Enforcement Priorities to give notice of how the statute would be enforced during the rulemaking process.  While “not legally binding in its own right,” the August 8 Final Statement provides the public with “greater transparency” with respect to the interpretation and enforcement of existing requirements by the Enforcement Office, based upon the comments that the agency has received from the public. Continue reading DOT Clarifies Enforcement Priorities Concerning Air Travel With Service Animals

Dog Bite Allegations Highlight Issues In DOT Rulemaking On Air Travel With Service Animals

by John M. Simpson.

An Alabama man recently filed a lawsuit in state court in Georgia against Delta Airlines, Inc., and another passenger, arising out of an alleged dog-biting incident that occurred on a Delta flight.  Jackson v. Delta Air Lines, Inc., et al., No. 19EV00278, Complaint (Fulton Cty., Ga. May 24, 2019). Continue reading Dog Bite Allegations Highlight Issues In DOT Rulemaking On Air Travel With Service Animals

Farm Bill Protects Pets and Support Animals of Domestic Violence Victims

by John M. Simpson.

The Conference Committee compromise version of the 2018 Farm Bill, was released on December 10, 164 Cong. Rec. H9823 (Dec. 10, 2018).  The measure was passed by the Senate on December 11 and contains a provision that protects the pets, service animals, emotional support animals and horses of victims of stalking and domestic violence.   Section 12502 entitled “Protecting Animals with Shelter,” amends certain parts of Title 18, U.S. Code, to provide protection for such animals.  Continue reading Farm Bill Protects Pets and Support Animals of Domestic Violence Victims