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Aiden's ESA Guide

@esa-guide / esa-guide.tumblr.com

Hi, I'm Amanda and this is my Emotional Support Animal, Aiden! There is a lot of ESA misinformation and scams out there! I made this blog in hopes of educating people in a simple and concise way. If you notice any misinformation on this blog, PLEASE let me know! Together we can end the plague of fakes and help those who truly need it. Keep in mind the one and only reliable source of ESA information is from the ADA!

Picking the right ESA for you:

Dogs

Both small and large breeds make good ESAs, however, it is important to do research beforehand. ESAs are meant to emotionally support someone whom usually is mentally disabled or struggles to do daily tasks because of a disorder. Because of this fact, not all breeds may be a good fit.

For example, extremely energetic breeds such as Border Collies, Jack Russells, and Boxers may be too much to handle for someone who struggles just to get out of bed in the morning. Another example are dogs with high maintenance standards, such as poodles, shih tzus, and sheepdogs. These types of dogs need regular professional grooming, and for someone who may struggle to keep up with their own hygiene, this may be more of a burden to deal with.

I wouldn't completely rule out any dog breed, however, these are just things to consider because we don't want dogs to be neglected no matter their owner's condition.

In the end personality is the most important thing. If you get an adult, pick one with a calm personality that already has some training experience. If you go with a puppy you need to be commited in training them. An ESA dog should be calm, well behaved, and quiet in public and at home. I highly recommend looking up Vitoria Stilwell for training tips and tricks.

Cats

Cats are fairly aloof creatures that may or may not suit the needs of someone looking for an ESA. Cats can be extremely affectionate and playful and very in tune with their owner's needs. However, some prefer their alone time and sleep much of the day. Sometimes simply the presence of a feline is enough for someone looking for emotional support. However, others need more of a active participant. In these cases it may be a good idea to adopt a cat that is already an adult, so you have an idea on whether they are more extroverted or introverted. If you are looking for a kitten, pick one based off what personality you most desire and do your best to mold them to your needs. Keep in mind, despite your best efforts, a cat will still be their own independent self as they get older.

In general, any cat breed can service for an ESA. Cats are not as tainted by humans meddling with their genes, so they are all still very similar in expectations. There are a few things to consider: a long haired cat needs daily brushing, a hairless (or nearly) cat needs regular baths, and flat-faced cats can suffer health issues. However, these are problems most commonly faced in expensive pure-breds, meaning you should be fine going to your local shelter and picking whatever cat clicks with you. When it comes to domestic cats, calicos have reputations of being sassy and orange cats are usually laid back; however, they are all individuals.

If you're interested in a cat being your ESA you most likely already love cats just the way they are. Either way, Jackson Galaxy has amazing educational videos on how best to work with your cat. Your ESA cat should enjoy being pet and held, doesn't destroy furniture, and uses the litter box consistently. Some people like their ESA cats to be harness trained to take them places, however, sometimes even the best cat doesn't like going to new places. So keep in mind that may not work out no matter how hard you try.

Other

Any animal can be an ESA because there is no species restrictions. The main thing to keep in mind is that the few laws that protect ESAs may not apply depending on the animal you choose. Be sure to look up the specific rules associated with the Air Carrier Access Act and Fair Housing Act before committing to a type of animal. As stated with the other selections: ESAs should be calm, quiet, and well behaved; but most importantly, provide emotional support. Always do research on an animal before adopting one.

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Reblogged

What can be an ESA:

Any animal can be an ESA; however, dogs and cats are most common and accepted. The rule of thumb for an ESA is that the animal must be calm, quiet, manageable, and well behaved in public and at home.

*Changing this Q&A answer to give more insight on this matter*

What can be an ESA:

An Emotional Support Animal has no laws restricting certain species. So although any animal can legally be an ESA, there are still some things to consider...

Stores are not required by law to allow ESAs and can ask them to leave without cause. However, pets like cats and dogs are most common and accepted.

The Fair Housing Act cannot protect your ESA if the animal is too large for the space (for example: a horse in an apartment). The Act also doesn't apply to animals that cause damage to the property, thus its recommended to pick a nondestructive animal or one trainable.

The Air Carrier Access Act has many restrictions to consider. For example: airlines are never required to accept snakes, reptiles, ferrets, rodents, sugar gliders, and spiders. They can also be denied if they are too large or heavy to be accommodated in the cabin; Pose a direct threat to the health or safety of others; Cause a significant disruption of cabin service; or Are prohibited from entering a foreign country.

The rule of thumb for an ESA is that the animal must be calm, quiet, manageable, and well behaved in public and at home.

im curious about what kind of training ESAs go through that is different from SDs && also curious about why you may have chosen(?) to have an ESA instead of a SD! - Question received through DM

Unfortunately, legally speaking, ESAs are not required any form of professional training. Which is why you probably have met some very misbehaved ESAs. However, on the bright side, because of this, ESAs are not protected under the same umbrella laws as Service Animals. Thus they are not allowed to go everywhere as many people believe, and its totally legal to ask them to leave various establishments without cause.

Why did I pick an ESA over a Service Animal? The unfortunate common answer is money. Many people, including myself, cannot afford Service Animals. Even if I could, I feel it would be overkill for my personal situation. I know I probably could qualify for a certain type of Service Animal, however, my ESA serves me just fine in most of what I need.

Welcome to my Emotional Support Animal blog! (Currently in process of moving my blog)

I'm working on moving my blog to a different site. I noticed some of my posts have mysteriously disappeared without warning. I contacted @staff about it, and they also do not know where they went, nor can they get them back. That's unacceptable, in my opinion. So if there are links below that are broken, I'm aware, and unfortunately, there's nothing I can do about it. I just need to rewrite everything, but I might as well do that on a different site that doesn't randomly delete posts.

FAQ:

My ESA brochure:

Please PM me of you have ideas on how I can get my brochure to the public. Also if you're interested in my brochure I'd be more then happy to send you some!

Service Animal Guide:

Foreign Countries:

What training is required of an ESA:

The short answer is none.

The law defines an emotional support animal as "an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person's disability." Because ESAs require no training, they are not protected by the same laws as Service Animals. Thus they are not usually allowed in places that don't normally allow pets and can be asked to leave any establishment without cause. See When is it okay to reject an ESA from an establishment The only laws that protect ESAs are the Fair Housing Act and the Air Carrier Access Act (and loosely the EEOC). None allow you to bring your ESA into places that don't usually allow pets (example: grocery stores) See What laws protect ESAs Keep in mind, even in context with the laws that protect ESAs; tenants and airline workers are allowed to deny ESAs that are considered dangerous, causing a nuisance, or are destructive. Because of this, despite ESAs not requiring any training; I still highly recommend it.

Only Service Animals have Public Access Rights. However, they must follow these guidelines. Although an ESA is not required to learn these, it may be in your best interest to train them as such anyway. 1). They should not show aggressive behaviors towards people or other animals when in public. 2). They should not solicit food or petting from other people. 3). They should walk calmly on a leash and stay focused on the handler. 4). They should not urinate or defecate indoors. 5). They should not sniff merchandise or people or intrude into other people’s space. 6). They should not vocalize or bark in public places.

What are you allowed to ask an ESA owner:

There are two questions you are allowed to ask any person with an animal that walks into your establishment: (1) is the dog a service animal required because of a disability, (2) what work or task has the dog been trained to perform.

If the owner states their animal is an Emotional Support Animal, then they are not protected under any Public Access Rights. Learn more about ESA specific laws here. If they state their animal is a Service Animal, you legally cannot ask them to leave unless their animal openly violates any of the general public access rules (more on those here). Keep in mind, ESAs are not species restricted, however, Service Animals can only be dogs or miniature horses.

The only documentation recognized officially is a ESA prescription letter from a licensed medical professional; which you are allowed to ask to see. All other documents can be discarded as fakes. The most common fake document is an ID card with registration number. Learn more about fake documents here and here. If an owner is refusing to answer your questions or produce an ESA letter, they probably are faking their ESA.

What laws protect ESAs:

The Fair Housing Act

This helps you find housing with your ESA even at locations that don't normally allow pets without having to pay a pet fee.

Renters must first have two questions answered affirmatively: 1). "Does the individual making the ESA request have a diagnosed disability?" 2). "If so, does the individual have a disability-related need for the emotional support animal?" The only document that is required to show to a landlord is your ESA Doctor's Letter. No other documents are necessary.

A housing provider can legitimately refuse your ESA request in any of the following scenarios:

  • The property owner can prove that allowing the ESA would subject them to undue financial or administrative stress.
  • Your ESA may be rejected if it is too large for the property. One example might be an ESA request for a horse to be accommodated in a small apartment.
  • If your ESA has caused damage to the property or presented a threat to another tenant, your landlord can rescind ESA accommodation.
  • If the property is owner-occupied and has four or fewer units, an ESA may be denied.
  • If the housing is managed by a religious organization or is a members-only club, the FHA regulations do not apply and an ESA can be refused access.
  • If the property is for rent or sale by owner only, it does not qualify for FHA protections.

The Air Carrier Access Act

In general, this act allows ESAs to ride with you in the cabin of the plane without issue. However, there are a few things to keep in mind:

"The year 2021 started with major news for ESA owners: as of January 11, 2021, the U.S. Department of Transportation (DOT) no longer requires airlines to accommodate emotional support animals. In the years prior to this rule change, all airlines were required by law to accommodate owners of ESAs with proper documentation from a licensed mental health professional."

Airlines may exclude animals that:

  • Are too large or heavy to be accommodated in the cabin.
  • Pose a direct threat to the health or safety of others.
  • Cause a significant disruption to cabin and service.
  • Are prohibited from entering a foreign country.
  • Airlines are never required to accept snakes, reptiles, ferrets, rodents, sugar gliders, and spiders.

What kind of documentation can be required of a person travelling with an emotional support animal or psychiatric service animal? Airlines may require documentation that is not older than one year from the date of your scheduled initial flight that states: 1). You have a mental or emotional disability that is recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM). 2). You need your emotional support or psychiatric support animal as an accommodation for air travel and/or for activity at your destination. 3). The individual providing the assessment is a licensed mental health professional and the passenger is under his/her professional care. 4). The licensed health care professional’s date and type of professional license and jurisdiction or state in which their license was issued.

Airlines can request specific documentation and/or 48-hours advanced notice for service animals that are emotional support animals and psychiatric service animals. 

Equal Employment Opportunity Commission

There is actually not a lot of concrete laws regarding ESAs and the EEOC. There’s nothing in the ADA or its regulations that addresses emotional support dogs as workplace accommodations. There’s also nothing in written guidance from the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces Title I.

Federal public accommodation laws do not require businesses and organizations to accommodate disabled individuals with regard to their requested use of emotional support animals. Some state laws and city ordinances even make it a crime to try to pass off an emotional support animal as a legally-protected, disability-related service animal. While it requires accommodating a true service animal, the ADA expressly excludes emotional support animals from the protections granted in Title III, which regulates public accommodations and their obligations to customers, guests, patients, patrons, clients, etc.

Title I of the ADA—which prohibits disability discrimination in the employment context and affirmatively requires employers to provide reasonable accommodations to applicants and employees—is completely silent with regard to service dogs and other animals as examples of appropriate accommodations.

Nevertheless, in an event that discrimination takes place, more often than not the EEOC takes the position that a service animal—and even an emotional support animal—is a reasonable accommodation in the employment context, depending on the circumstances. For example, in 2017 Laferriere’s psychiatrist prescribed an emotional support animal to help him cope with his disabilities and “maintain appropriate social interactions.” but was denied by a trucking company that had a “no pet” policy and revoked his offer of employment. The EEOC sided with Laferriere and is seeking injunctive relief, a change in the employer’s policies, the hiring of Laferriere, back pay and emotional pain and suffering compensation, and even punitive damages. So what should you do as an employer if presented with a request to bring an ESA into the workplace? 1). Look to see if the workplace policies can be modified. The answer typically depends on the employee’s job and the work environment — for instance, there could be some jobs or work environments in which it would be difficult to accommodate someone having a dog with them, regardless of whether it’s a service animal or an emotional support animal. For example, animals might be prohibited in an emergency room (ER) so an ER nurse probably couldn’t have an animal with her while working in the ER. 2). Check to see if the animal is needed due to a diagnosed disorder recognized by the DSM. All ESAs need a letter of prescription from a licensed medical professional. This document you are allowed to see and all other documents are considered fakes. You have no obligation to accommodate a pet that is not a Service or ESA. 3). Talk with the employee about whether the emotional support animal is trained to be in a work environment and will be under the employee’s control at all times. Under the ADA, employers do not have to provide any accommodations that pose an undue hardship. There are 6 public access guidelines typically expected from any animal in a public space. Learn what those are here. 4). Suggest a trial basis and see if it works. Employers who do this often make a written agreement with the employee that there will be a trial period, how long it will last, and what factors might end the trial period early. For example, if the emotional support dog shows any sign of aggression or if the employee cannot keep the animal quiet or under control, the employer will immediately end the trial period and deny the request.

When is it okay to reject an ESA from an establishment:

Unless you are a tenet, hotel employee, or work at the airlines, you are legally allowed to ask an ESA to leave your establishment without cause. It's completely up to the individual business to decide whether they allow ESAs.

ESAs are to be kept under control at all times and they are not to create a nuisance to those around them.

For specifics: these are the Public Access Rules a Service Animal must follow. It is within reason to expect the same from an ESA if they are brought into a public space that does not usually allow pets. 1). They should not show aggressive behaviors towards people or other animals when in public. 2). They should not solicit food or petting from other people. 3). They should walk calmly on a leash and stay focused on the handler. 4). They should not urinate or defecate indoors. 5). They should not sniff merchandise or people or intrude into other people’s space. 6). They should not vocalize or bark in public places.

^^^ Even if an ESA follows all these Public Access Rules, they are still not protected under any Public Access laws (unlike Service Animals); and thus can still be asked to leave without cause.

Any type of documentation shown that is not a licensed medical professional's prescription letter is a fake and can be dismissed; for this is the only document required for an ESA. The most common form of fake document is an ID card of registration. Learn more about fake documents here and here.

Even if the animal meets all these expectations, you are still permitted to ask an ESA to leave most establishments that don't allow pets. For more information about what laws specifically cover ESAs, check here.

If you meet someone you believe to be impersonating a Service Animal, remind them that it can be a criminal offense. Learn more about specific state charges here.

Where can I bring my ESA:

ESAs are only protected by the Fair Housing Act and the Air Carrier Access Act (and loosely the EEOC). Which means they aren't covered by a Public Access Right and can't be taken to places such as stores, restaurants, clinics, etc. ESAs are not considered Service Animals and so are not covered under the same umbrella laws. This is due to the fact that ESAs are not required to have professional training (unlike Service Animals). Legally, it's up to the individual establishment on whether they allow ESAs. So it's best to call ahead and ask an establishment if you are allowed to bring your ESA before making the trip. Even after you arrive, the establishment is still allowed to ask you to leave without cause.

For more information regarding this subject, check out When is it okay to reject an ESA from an establishment and What laws protect ESAs

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