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82 Alb. L. Rev. 237 (2018-2019)
Don't Be Distracted by the Peacock Trying to Board an Airplane: Why Emotional Support Animals Are Service Animals and Should Be Regulated in the Same Manner

handle is hein.journals/albany82 and id is 243 raw text is: DON'T BE DISTRACTED BY THE PEACOCK TRYING TO BOARD AN AIRPLANE: WHY EMOTIONAL SUPPORT ANIMALS ARE SERVICE ANIMALS AND SHOULD BE REGULATED IN THE SAME MANNER. Amanda M. Foster* I. INTRODUCTION Half of all Americans are diagnosed with a mental illness or disorder at some point in their lifetime.' Mental illnesses, such as depression, are the third most common cause of hospitalization in the United States for those aged 18-44 years old.2 In the United States, one out of ten women experience symptoms of depression.3 Further, anxiety disorders are the most prevalent mental illness in the United States.4 Despite the prevalence of mental illness, there is a societal backlash against emotional support animals whose role is to help those with mental health issues.5 Emotional support animals are used as therapy animals.6 These support animals provide * Associate Professor of Law, Nova Southeastern University Shepard Broad College of Law. B.A., Loyola University Maryland; J.D., Roger Williams University School of Law. Admitted to practice law in New Jersey and Pennsylvania. The author thanks Chidinma Victoria Esiobu and Hunter Rhyne for their preliminary research assistance with this piece. Many thanks to Professors Kate Webber Nufiez and Joseph Hnylka for their thoughtful readings and feedback, and Robert Beharriell, Becka Rich and Alison Rosenberg for their support as research and reference librarians at NSU Shepard Broad College of Law. ' Mental Health: Data and Publications, CTRS. FOR DISEASE CONTROL & PREVENTION https://www.cdc.gov/mentalhealth/data-publications/index.htm (last updated Jan. 26, 2018). 2 Id. Reproductive Health: Depression Among Women, CTRS. FOR DISEASE CONTROL & PREVENTION, https://www.cdc.gov/reproductivehealth/depressionlindex.htm (last updated June 28, 2018). 4 Facts and Statistics, ANXIETY & DEPRESSION AsS'N OF AM., https://adaa.org/about- adaalpress-room/facts-statistics (last visited Oct. 30, 2018). 5 See Billy Witz, Emotional Support, with Fur, Draws Complaints on Planes, N.Y. TINES (Nov. 16, 2013), https://www.nytimes.com/2013/11/16/business/emotional-support-with-fur-dra ws-complaints-on-planes.html? r=0. 6 Jacquie Brennan & Vinh Nguyen, Service Animals and Emotional Support Animals, ADA NAT'L NETWORK 3 (2014), https://adata.org/sites/adata.org/files/files/ServiceAnimalBooklet 2014(2).pdf. 237

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