Emotional Support Animals Are ADA Protected

Psychiatric Conditions May Often Require Stabilization from Dogs

Apr 2, 2009 Reece Manley

For those dealing with the overwhelming challenge of severe mental health issues, a pet becomes a required companion.

Psychiatric conditions are complicated disabilities for those living with them. Many conditions such as those belonging to the schizophrenia family of diagnosis to the trauma-related diagnosis such as Post Traumatic Stress Disorder (PTSD) are being helped not by drugs, but by simply having an ever-present animal companion.

Any psychiatric condition where the victim of the condition experiences a lapse in contact with reality, stable places, people and things provide a point of centering. A familiar pet can make great strides in bringing a sense of balance to their world.

Definition of an Emotional Support Animal

An Emotional Support Animal (ESA) may or many not have received special training. Generally, if the animal has received advanced training, the animal is referred to as a Psychiatric Service Animal (PSA).

However, the American with Disabilities Act (ADA) guidelines generally provide protection for either giving the following criteria are met:

• The person possessing the animal has been diagnosed by a physician or psychologist as having a DSM-IV recognized condition that has shown repeated benefit from animal companionship in repeated studies.
• The person possessing the animal has a prescription stating the need from a physician or psychiatrist.
• The animal poses no known threat to other people and has all record of vaccinations and health maintenance.

Giving the Service Dog Its Due

Currently, many states are rewriting laws to address the fact that only dogs can serve as Emotional Service Animals. Numerous lawsuits are on the books across the United States as business owners try to reach a compromise between customer safety, sanitation and access. Of course, the rights of the disabled must be preserved.

Many models states have adopted follow Utah's adaptations. The state allows dogs to act as ESA's and any animal to act as a PSA. However, the state allows businesses to limit the size and type of animal if it makes a clear threat to other customers. For example, many equine therapists proffer support for service horses. Businesses are unable to accommodate an animal the size of a horse so common sense prevails by limiting access of horses as service animals.

Most PSA's are dogs. Dogs seem not only able to make close, personal connections necessary to bring valid psychiatric assistance but are recognized by most people as being low threat animals. In addition, repeated studies have revealed that dogs can be easily trained to perform a wide array of tasks.

Psychiatric illness is a huge burden on the sufferer and is frustratingly slow to respond to treatment. Many people disabled by mental health conditions will face them for life. Physicians have found Emotional Support Animals have been a valid help for many of them. It remains to be seen how fully they will be accepted by the courts, but, for now, ADA protection is generally extended to ESA dogs.

The copyright of the article Emotional Support Animals Are ADA Protected in Psychology is owned by Reece Manley. Permission to republish Emotional Support Animals Are ADA Protected in print or online must be granted by the author in writing.

A Friendly Emotional Support Animal (ESA)

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Aug 5, 2009 9:11 AM

Guest :

While I certainly believe that your article was well intentioned, you have incorrectly stated that ADA protection is generally extended to emotional support animals. This would only be true for those few states or locales that have enacted service animal laws that have broadened the ADA regulations to include emotional support animals (ESAs). The ADA has never waivered from their position that service animals are not pets and that the animal must be trained to perform a task. While the ADA does extend protection to psychiatric service dogs that have been trained to mitigate an individual's disability, ADA protection does not extend to emotional support animals unless the animal has been trained to perform a mitigating task. Keep in mind that the "mitigating task" performed by the service animal must not be a behavior or response natural to the animal. Even if you have a DSM-IV disability, teaching an animal to comfort you by jumping up in your lap and licking your face to calm or lessen your anxiety or panic attack would not rise to the level of a trained service animal protected by the ADA. This is supported by the Justice Department that provided the following statement in April, 2004: “Typically, comfort, emotional support animals by their very presence certainly performs a valuable service, but it's an innate ability. It's their mere presence. It doesn't reach the level of having been trained to do work or perform tasks.” Because of this confusion and reports of increasing numbers of individuals abusing the ADA protection by claiming their pets are ADA protected service animals, the ADA is looking to more narrowly define service animals. We all need to work to protect the rights of the disabled in ways that are within the law and does not result in confusion and public backlash. In my opinion, the use of ESAs by individual’s with a true disability would been better served by discussing a specific state or locale that had broadened their definition of a service animal to include ESAs and the resultant positive impact on the individual with the disability.

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