Should a Florida man be allowed to keep his emotional support squirrel, despite objections by his condo association?
The law is clear: Yes.
I spent a good portion of August learning about the laws surrounding service dogs and emotional-support animals as I researched a piece we called 鈥Stop Faking Service Dogs.鈥 The laws governing service dogs and ESAs are almost universally misunderstood, largely because they鈥檙e written to be pretty vague in order to protect those with genuine disabilities. But there is one thing they鈥檙e pretty clear on: neither public nor private housing providers may discriminate against residents based on their need for an ESA. And that title means what it says鈥攚hile service dogs must be dogs (or in some cases, miniature horses), an Emotional Support Animal can be any animal that, well, provides emotional support. Even a squirrel.
Three federal laws govern service dogs and ESAs: the (ADA); the (ACAA); and the (FHA). The ADA protects the rights of people with disabilities, and provides access for service dogs to public places, businesses, and government facilities. It specifically excludes emotional-support animals. The ACAA protects the rights of disabled people during聽air travel, and specifically allows ESAs on airplanes and in airports. If you have a letter from a medical or mental health professional, you can fly with your pet. The FHA protects the rights of people with disabilities in housing, and again specifically includes ESAs. If you have that聽letter, a housing provider must allow your pet.
That brings us to Ryan Boylan, of Clearwater Florida, who was diagnosed with PTSD. Last year, he rescued a squirrel following Hurricane Matthew, and . When the condo association became aware of the squirrel, they told Boylan to get rid of it or face eviction. He responded with a letter from his doctor, stating his emotional disability聽and prescribing a pet to treat it. Believe it or not, that is all it takes. Boylan鈥檚 squirrel, Brutus, is legally protected by one of the strongest federal laws in existence.
There are exceptions, of course. Should Brutus prove to be a danger to other residents (and that danger must be demonstrated, it can鈥檛 simply be feared), then the condo association is permitted to ask her to leave. And should Brutus cause significant property damage (again, it must be demonstrated), the condo association can also ask her to leave. But those are the only circumstances that allow removal.聽
You鈥檒l find , and .
Boylan could also legally take his squirrel on his next flight, provided he notifies the airline he鈥檚 traveling with an emotional support animal, and that he provides . So long as Brutus isn鈥檛 disruptive, and doesn鈥檛 put her fellow passengers at risk, her presence on an airplane is legal. What Boylan and Brutus can鈥檛 do is enter a business, or similar entity, as the ADA covers everything outside of his house and airplanes, and specifically excludes ESAs.
I wrote 鈥淪top Faking Service Dogs,鈥 because I feel that people are taking advantage of laws written to protect those with disabilities in order to bring their pets to places where they鈥檙e not welcome. And in so doing, are infringing on the rights and well being of disabled people. But is one man鈥檚 much-loved squirrel really hurting anyone? As a fellow squirrel enthusiast, I simply don鈥檛 believe that to be the case. And hey, at least it鈥檚 not one more small, untrained dog.