Abbreviations
ESA
What is an emotional support animal?
A person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment
What is an individual with a disability?
(As defined by the ADA)
A licensed mental health professionals (psychiatrist, psychologist, etc.) provide a prescription
How does someone get access to an ESA?
Under this piece of legislation "State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to go. "
What is the ADA?
1. Not protected under the ADA
2. Not protected under the ACAA
3. Protected under FHA
What is the current legal status of emotional support animals and how does this compare to service animals?
ADA
What is the Americans With Disabilities Act
Any species that provides physical, psychological, and/or emotional support through companionship.
What is an emotional support animal?
(Defined through court case decisions)
Depression, PTSD, Anxiety, Phobias, etc. are all examples of
What are (mental) disabilities)?
This government entity changed the American Air Carriers Act to define service animals in the same way as the ADA in 2021. This change results in exclusion of ESAs
What is the Department of Transportation?
2021 ACAA changed to allow airlines to treat ESAs as pets
What are the recent legislative changes pertaining to ESAS and what are their implications?
DOJ
What is the Department of Justice?
"A dog or miniature horse trained to perform specific tasks or do specific work for the benefit of an individual with a recognized disability and the tasks or work must be directly related to the disability"
What is a service animal?
(This is the ADA definition!)
Of the 5 highest enrollment public k-12 school districts, this number allow ESAs in school
What is 1 district?
What is the fair housing act?
1. Lowered Jayne Elebiari's frequency of self-mutilation
2. Made Ed Elebiari mroe friendly and decreased his symptoms of depression
3. "exposure to (ESAs) produces significant improvement in depression"
How do emotional support animals contribute to mental health, specifically through a lens of PTSD and depression?
ACAA
What is the Air Carrier Access Act?
A domestic or tamed animal kept for companionship or pleasure
What is a pet?
(Dictionary Definition)
We continue to make an effort to destigmatize mental health and make a push for therapy and psychiatric help.
Why are ESAs becoming more common?
This piece of federal legislation clearly defines emotional support animals and provides them protection in the public and private sector overall.
What is none?
THIS IS THE PROBLEM!
1. classify ESAs as a reasonable accommodation
2. pass a new federal law working in conjunction with the ADA
What specific legal protections should be established for emotional support animals?
(This is my argument)