Wilmington, OH asked in Animal / Dog Law and Civil Rights for Ohio

Q: An airline denied access to my sons legitimate medical alert service dog in June of 2023.

June 2023 an airline denied flight access to my sons legitimate medical alert service dog, even though I filled out all of the correct forms. They even saw my son and saw me performing medical care to him while waiting, and still chose to make the executive decision to deny access for his service dog. Do I have a case?

1 Lawyer Answer

A: Maybe. There are three considerations.

The dog must be an actual trained service animal. The dog must pass the “public access test” and show it will remain focused on your son and his needs even in a crowded and busy airport. The dog must fit on your son’s lap or in his seat’s available floor space so it does not block the aisle or intrude into another passenger’s seat or floor space.

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