WHAT ARE YOUR LEGAL PROTECTIONS AND RIGHTS?

The Air Carrier Access Act 49 U.S.C. 41705, Dept. of Transportation 14 C.F.R. Part 382, Fair Housing Amendments Act of 1988 are the laws that protect an emotionally disabled person and his/her ESA.

The legal protections an Emotional Support Animal (ESA) has are to:

1. Fly with its emotionally or psychologically disabled handler in the cabin of an aircraft without being charged a pet fee.
2. Qualify for no-pet housing (that also includes limited size, breed, or species housing) without being charged a pet fee.

No other public or private entity (motels, restaurants, stores, trains, taxis, buses, theaters, parks, beaches, libraries, zoos, etc.) is required to allow your ESA to accompany you and in all other instances, your ESA has no more rights than a pet. That means they aren’t protected by law to accompany you into any public place that does not allow pets. That doesn’t mean these places won’t let you, it just means that they are not required to, by law.