Lately, there have been numerous news reports of issues with animals on airline flights. Sometimes, the animal’s behavior is the cause, but in this story, we’re talking about the behavior of an airline and the treatment of an emotional support dog.
On a recent flight from Miami to Los Angeles, a woman traveling on American Airlines says her medically necessary dog was treated unfairly and poorly by employees of the airline.
Avigail Diveroli was pregnant and traveling with her husband, her 87-year-old grandfather and her emotional support dog. Simba is a “medically necessary comfort animal” who helps Diveroli cope with extreme anxiety.
The Not-So Friendly Skies
Diveroli claims she contacted American Airlines twice before her trip to confirm that she could bring Simba. The family boarded the plane without issue and took their seats in business class. As the flight progressed, a flight attendant by the name of Regina informed Diveroli that Simba was traveling as a pet and was therefore not allowed to be out of his carrier.
Simba’s mom was told to place Simba in his carrier under the seat in order to comply with federal regulations. There was only one problem- the carrier wouldn’t fit! The flight attendant decided to take matters into her own hands. She removed Simba from his family and put him inside his carrier which she then placed in the airplane lavatory. Simba remained there, alone, for the remaining hour of the flight.
A lawsuit against American Airlines is seeking a jury trial and $75,000 in damages.
What American Airlines Allows
American Airlines‘ website outlines the following guidelines for service animals who are flying in the cabin:
- One emotional support / psychiatric service animal per person
- Must be a cat or dog (trained miniature horse may be permitted as a service animal); 4 months or older
- Must be clean and well-behaved
- Must be able to fit at your feet, under your seat or in your lap (lap animals must be smaller than a 2-year old child)
- If the animal is in a kennel, it must fit under the seat in front of you with the animal in it
Yes, you read that correctly. Even a miniature horse can fly in the cabin. That leads one to ask, what was the big deal with Simba?
Safety, Comfort And An Attempt At Justification
A representative for American Airlines told PEOPLE,
“Our professional crews are there to ensure the safety and comfort of all customers,” they said. “In this case, the customer’s dog was traveling as a pet rather than an emotional support animal or service animal. FAA regulations require pets to stay in kennels that fit under the seat, however, this kennel didn’t fit under the seat. The flight crew tried to handle the situation in accordance with FAA regulations.”
“Also, this travel was booked on a 777, which doesn’t allow pets in the premium cabin,” the airline argued. “Our team at the airport in Miami offered to rebook the passenger on a later flight, but they declined, and opted to take a seat with the pet in the main cabin.”
The airline does have different rules regarding animals traveling as pets versus animals traveling for medical reasons. A full list of their rules and regulations can be found here.
Understanding The Law
The Americans With Disabilities Act is very clear on what is considered a service animal. A service animal is defined as any animal that is specifically trained to help a person with their disability. They note that there is a distinct difference between a service animal and an emotional support animal.
According to their website, “Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA.”
Overall, it seems like there may have been a miscommunication when booking the airline reservation. Do you think American Airlines did the right thing by separating Simba from his family for a portion of the flight?
Toledo, United States.
