A woman says Southwest Airlines refused to let her service dog fly out of San Diego – unless she paid a pet fee and stuck him in a carrier. The reason? They saw the dog have “an accident” at the airport. She denies this happened.
In her telling, she has cystic fibrosis and diabetes and relies on a trained service dog for medical alerts. She:
- Checked in with Southwest and provided her service animal paperwork.
- Was asked to wait while the paperwork was reviewed – roughly 90 minutes.
- Then was told that her dog would not be accepted as a service animal because staff said he had pooped in the terminal.
She insists the dog never left her side, remained leashed to her hip, and there was no accident. When she asked for proof, she says Southwest staff couldn’t show where it happened or who saw it – just vague “someone said” comments.
She says they told her the only way she could still travel with the dog was to pay the pet-in-cabin fee and put him in a carrier for the flight.
@er1nnh If you’re desperate for money Southwest just say that. #southwestairlines #southwest #disability #servicedog @Southwest Airlines ♬ original sound – Erinn | CF organ transplant
The relevant legal framework here is the Air Carrier Access Act and DOT’s implementing rules at 14 C.F.R. Part 382, plus DOT’s mandated forms and guidance.
The Department of Transportation narrowed the definition of a service animal five years ago so that it’s a dog, regardless of breed, individually trained to do work or perform tasks for a person with a disability. Emotional support turkeys no longer qualify as service animals.
Airlines may require passengers to complete the U.S. DOT Service Animal Air Transportation Form, attesting under penalty of law that:
- The dog is a trained service animal
- The handler understands responsibility for the dog’s behavior
- The dog is housebroken and will behave in public.
On longer flights over 8 or more hours, there’s an additional relief attestation form. If it’s a qualifying service dog and the paperwork is in order, airlines must generally allow it to fly in the cabin, free of charge, in the passenger’s lap or foot space (subject to size and safety constraints).
However, DOT is very direct about bathroom issues. A service dog is supposed to be housebroken. If the dog urinates or defecates in the cabin or at the gate, DOT treats that as strong evidence that the animal isn’t properly trained to behave in public. That allows the airline to refuse the service animal and charge a pet fee, requiring the dog to remain in a carrier. They can also deny travel to the animal completely.
So if a dog actually did poop on the floor in front of the gate, and staff could credibly document it – there is video surveillance in airports just about everywhere – they can determine the dog is not a service animal for that trip.
Here are some simple ways you can tell that a passenger is faking that their dog is a service animal, in addition to whether it pees or poops in the terminal:
- The dog is being fed treats, and not just meals
- Their owner speaks to them in baby talk
- The animal rests on pillows
- There are two of them
- The animal is having a photo shoot in the aircraft window
I don’t know whether this was a ‘real’ service animal or not. But a service animal who defecates in the terminal is not exempted from airline rules under Department of Transportation regulations implementing the Air Carrier Access Act.
This “service animal” ploy – real or imagined – should not be allowed in the passenger cabin.
Southwest must be pretty desperate to be pulling a stunt like that.
I’m against in-cabin pet fees anyway – paying another $150 for (barely enough) space that’s already included in your ticket is just taking advantage. Requiring that they purchase an extra legroom seat would be much fairer all around – more money for the airline, more space for pet and person. Most people I know who travel with pets do so because the pet is old, has bad separation anxiety, or has medical issues they don’t trust others to handle right.
Elliott Management is DETERMINED to eliminate every last positive memory of the airline many fliers used to LUV. If the security cameras in the terminal can not confirm the poop allegation, this passenger will never have to worry about the cost of dog food ever again!!
We will see if there is a lawsuit and not just complaining for public sympathy. Maybe she will just get a settlement if Southwest’s lawyers determine that they could be found liable.
I have two dogs. Love them more than anything. Would sacrifice myself to save them. That said, if you can’t leave the house without your dog, maybe you should just stay home.
@Parker you are right. I believe the airline not this dingbat. If you can’t take a trip without Fido stay home.
@Parker Agree. Make it simple No animals on flights period. People have runied it both on planes and in the airport.
David is right. So tired of these fake service animals. Most of them are not trained for anything the owners just dress them up and e expect everyone to bow down.
If your dog doesn’t have a certification and you can’t show proof of a disability then you should be denied.
Parker, thank you!
@David R. Miller — Almost forgot you exist. That was a relatively tame comment from you, one of our usual resident bigots. Huh. Thanks, I guess.
There’s always two sides to every story. So far we’ve only heard her side.
It seems weird to me in her post that she never quoted ADA law nor did she said I’m going to call an attorney. Humm
I’m also sorry to say that she could have been on her phone when the dog pooped, never saw it and walked away. Other people in line could have complained about her dog to the agents.
My son has cystic fibrosis (CF) & there’s nothing a dog could help him with other than comfort. I do know many CF people fake it to get their pets into the hospital with them, among other places. It’s a regular joke on the CF community websites. Too many fakers out there are causing problems for those with genuine needs
@Dora – Diabetes alert dogs exist. So CF is less likely a reason.
@Boroxo – ADA does not require proof of training nor forcing proof of disability and even forbids the second one. I would love it if trainers had blue tags to send the dog off with though.
@David R. Miller – take that one up with the lawmakers. They insist on not treating handicapped as third class citizens.
If the dog did the pee, you must pay the fee!
There are no certifications for service dogs. And you aren’t a medical professional, no less their doctor, so you don’t get to decide if they are disabled.
There are dogs that keep people alive. There are dogs that enable people to get out of the house.
I raise puppies to be service animals. It is my way of making the world a little better. These dogs change lives.
And they get treats for working. It isn’t a sign of faking it.
@ Matt Silberstein
Your below comment is dead wrong!
There are no certifications for service dogs.
Not sure who is telling you but go-online, not only do they exist but, in fact, they are quite easy to obtain.
For everyone that thinks dogs(service) dogs should not be allow on planes here’s to you. I am a disabled vet and mine offers ptsd, anxiety, mobility help to me. Without him I’m house bound. If you don’t like the dogs on planes well then hire a company to take you privately . Some of need the dogs and your flying commercial as I will continue with my service dog BOB!!