It is important to know the laws for emotional support animals in the state that you live in. Not every state treats emotional support animals the same, and very few states treat emotional support animals like service animals.
Emotional support animals are animals that provide comfort and companionship but are not trained to perform a task that is directly related to any disabilities, including physical and mental.
If your animals perform services and have gone to school and been certified to do so, then it is not considered an emotional support animal. In this case, it would be a service animal and would be provided the same safety as other services animals. It is important to know the difference when understanding your animal’s rights.
The law in Alaska also does not restrict what type of animal can be considered a service animal, although the ADA does state that service animals are only dogs, which would trump any state laws. The Americans with Disabilities Act (ADA) provides a federal law for all federal buildings and locations in Alaska.
Restrictions on Emotional Support Animals
Since emotional support animals have received no direct training, they are considered unpredictable and are not required to be allowed into all public accommodations as services animals would. This means that your emotional support animal will be required to stay at home when you go shopping or do any other task that you feel you might want your animal with you for.
Even though it is against the law for places to ask for proof that your animal is indeed a service animal, it is also illegal to imply your animal is a service animal when it is not. Service animals receive the rights that they have in order to protect individuals with disabilities. If a non-service animal interrupts that work, then it can be dangerous for the individual that has the disability.
Different Types of Laws for Emotional Support Animals
Even though your emotional support animals may not be allowed in all public locations, this is at the discretion of the owner. Even though your emotional support animal is not considered a service animal, the owner of public accommodation may allow you to bring your emotional support animal anyway.
Emotional support animals do have protection when it comes to housing under the federal Fair Housing Act. This states that all service animals and emotional support animals are not to be denied housing of any sort as long as they are performing a service to someone with a disability.
For this, to qualify, you will need to have a disability that requires the use of an emotional support animal. Remember that emotional support animals are animals that have not been certified or trained. If they provide relief for an issue like anxiety or depression, you will need this documented that you have this for your animal to be considered an emotional support animal.
Psychiatric Service Dog in Alaska
Psychiatric service dogs (PSDs) are a type of service dog that assists individuals struggling with certain mental health or psychiatric disabilities. Conditions that PSDs help with include depression, anxiety, schizophrenia, and PTSD, among many others. In Alaska, the Human Rights Law supports accommodations granted to service dogs and their handlers by the Americans with Disabilities Act (ADA) in addition to stating criminal statutes regarding the discrimination of individuals with service dogs. According to both Alaska state law and the Americans with Disabilities Act, a service animal is an animal that is trained to provide relief of specific disability symptoms by completing tasks for their handler.
For psychiatric service dogs, the tasks they complete may include opening and closing doors, interrupting harmful behaviors, and guiding their owner to a safe, calm space in the case of something like a panic attack.
Alaska state law and federal law protects the rights of owners to take their service dog into any public or private area, even if the area doesn’t typically allow dogs to enter. Individuals are not required to show proof of identification that their dog is a service dog, and the only questions individuals are allowed to ask about the handler’s service dog are 1 – if the dog is a service dog, and 2 – what tasks the service dog is trained to perform.
PTSD Service Dog in Alaska
A PTSD service dog in Alaska is a specific type of psychiatric service dog. These dogs are highly trained to help relieve the symptoms for those with PTSD. Tasks that a PTSD service dog might perform include:
- Retrieving water, medication, phones, or other items for their owner.
- Interrupting harmful behaviors and providing deep-pressure therapy to calm down their owners.
- Guiding their owner to a safe space in the case of a panic attack or flashback.
- Providing a grounding support when a flashback occurs.
- Checking rooms and around corners for their owner.
- Guarding their owner’s back when out in public or at home.
Each PTSD service dog in Alaska is trained to meet the specific needs of their owner. If you need tasks completed that aren’t listed above, speak to the organization providing your PTSD service dog for more information about receiving the right PTSD service dog for your needs.
Providing Proof
It is against the law for people to ask to see proof of your service animal’s certification before entering a public accommodation, but landlords are allowed to ask for proof that you require an ESA before renting to you. This is why it is important to obtain proof of your emotional support animal beforehand. They can also ask for proof of your disability.
You may be wondering if you need proof to bring an emotional support animal onto a flight. Unfortunately, the Air Carrier Access Act has been modified so that ESAs are no longer protected. Airlines do not have to allow your emotional support animal to fly in the cabin with you, regardless of whether or not you have a letter from your therapist. If your animal is small enough, it may be able to qualify as a carry-on that can be stowed under your seat. However, there will be a fee and the airline does not have to allow your pet as a carry-on.
Now, only service dogs are allowed to travel in the cabin with their owners for free. You may be able to train your dog as a psychiatric service animal (PSA) that performs tasks that directly treat your mental health disability. These tasks include things like your dog laying on you as a calming mechanism. Airlines are permitted to require you to fill out forms provided by the Department of Transportation before allowing your service dog on a flight. These forms will often ask for the name and contact information of the person or organization that trained your psychiatric service dog.
Why Emotional Support Animals Are Important
Emotional support animals are very important. Some even consider them just as important as service animals when it comes to helping individuals work through their daily routine. Some people experience a lot of anxiety, or even depression and the presence of an emotional support animal can provide them when comfort.
Emotional support animals allow individuals with these types of issues to be able to function better and make it through their day with more ease. It is important for these individuals to be provided with this comfort so they can live a normal life as much as possible. The comfort these animals provide can really make a difference in an individual’s quality of life.
Why You Should Register Your Animal With USSA
It is always a good idea to register your emotional support animal. Even though Alaska doesn’t allow for emotional support animals to enter public accommodations, they do allow for these animals to not be discriminated against with housing, but only if proof is provided. While an ESA letter is all that is legally required, registration with trustworthy company can help provide extra proof of your ESA’s validity.
Having proof of your emotional support animals protects both you and your animals. It can come in handy when you are moving to a new location or renting an apartment. Registering your animals with USSA is simple and straightforward. There is no reason not to do it today.