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.


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