This Pig Won't Fly

[Jester]

"The pig was ordered off a U.S. Airways plane at Bradley International Airport in Connecticut on Wednesday after crewmembers determined the animal had become disruptive, said Laura Masvidal, a spokeswoman for U.S. Airways parent American Airlines said Friday."
http://www.denverpost.com/newsgallery/ci_27031277/when-pigs-fly-not-this-us-airways-plane
 
Not Going to be a Repeat of Same Mistake 14 years ago...
"An embarrassed US Airways is promising it will never again allow barnyard animals onto its flights after a 300-pound hog accompanied 200 human passengers on a six-hour flight from Philadelphia to Seattle on Oct. 17."
http://abcnews.go.com/US/story?id=95217&page=1

 

[FWAAA]

Not Going to be a Repeat of Same Mistake 14 years ago...
"An embarrassed US Airways is promising it will never again allow barnyard animals onto its flights after a 300-pound hog accompanied 200 human passengers on a six-hour flight from Philadelphia to Seattle on Oct. 17."[/size]
http://abcnews.go.com/US/story?id=95217&page=1

Under the DOT guidance on emotional support animals, US Airways cannot simply ban all pigs as emotional support animals:
 

What about unusual service animals?

Other unusual animals such as miniature horses, pigs, and monkeys should be evaluated on a case by case basis by U.S. carriers. Factors to consider are the animal’s size, weight, state and foreign country restrictions, and whether or not the animal would pose a direct threat to the health or safety of others, or cause a fundamental alteration (e.g., significant disruption) in the cabin service. If none of these factors apply, the animal may accompany the passenger in the cabin. In most other situations, the animal should be carried in the cargo hold in accordance with company policy.

This guidance was written and enacted after the famous US Airways emotional support pig incident. This pig wasn't kicked off because it was a pig - but because it was disruptive.

 

[robbedagain]

Wouldnt a service dog be better than a pig?

 

[jimntx]

When it comes to the ESAN (emotional support animal) issue, there is a wide range of choices.  And, the passenger decides what animal provides them with emotional support.  As long as they have the right paperwork from their therapist, they get to bring it onboard.  Doesn't have to follow any of the FARs regarding animals in the cabin--such as, must stay in a carrier case during entire time onboard.

 

[robbedagain]

thanks jim  I did not know that   

 

[nycbusdriver]

When it comes to the ESAN (emotional support animal) issue, there is a wide range of choices.  And, the passenger decides what animal provides them with emotional support.  As long as they have the right paperwork from their therapist, they get to bring it onboard.  Doesn't have to follow any of the FARs regarding animals in the cabin--such as, must stay in a carrier case during entire time onboard.

 
If there is a "wide range of choices," then the passenger doesn't really get to decide.  Someone who came up with the "wide range of choices" list has already limited that decision.
 
At any rate, there is in place a company policy on removing passengers.  The captain always has the final say on safety of flight. Period.  The FAA makes it so, and federal law itself gives the FAA jurisdiction over these matters.  It doesn't matter what other federal agency might proclaim, when it comes to flight, the FAA has the final say.  (That's one reason airline crews can't invoke OSHA over issues like cabin air quality, solar radiation exposure, etc.)
 
A doctor's note will not override the captain's decision made within the company policy.  The company policy, when followed, has the same authority as FAR, and therefore FAA blessing.

 

[FWAAA]

If there is a "wide range of choices," then the passenger doesn't really get to decide.  Someone who came up with the "wide range of choices" list has already limited that decision.

You're right; the DOT has excused airlines from mandatory carriage of some ESAs:

In considering whether a service animal should be excluded from the cabin, keep these things in mind:

Certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders) pose
unavoidable safety and/or public health concerns and airlines are not required to transport them.

At any rate, there is in place a company policy on removing passengers.  The captain always has the final say on safety of flight. Period.  The FAA makes it so, and federal law itself gives the FAA jurisdiction over these matters.  It doesn't matter what other federal agency might proclaim, when it comes to flight, the FAA has the final say.  (That's one reason airline crews can't invoke OSHA over issues like cabin air quality, solar radiation exposure, etc.)

Your post above betrays an ignorance of the requirements under the Air Carrier Access Act and the regulations enacted by the DOT to carry out the provisions of that law. It's not "what other federal agency" might proclaim - the DOT is the final authority here. The ESA regulations are in Title 14, Part 382 of the DOT regs. Your statement that the "FAA has the final say" isn't exactly correct - the other DOT regs that are from the Office of the Secretary of the DOT also have the final say in their areas.

Airlines like US Airways have detailed policies in place to deal with ESAs and in this particular case, the policies were applied by the employees. We'll see in the days ahead if they were followed correctly, but they were applied.
 

A doctor's note will not override the captain's decision made within the company policy.  The company policy, when followed, has the same authority as FAR, and therefore FAA blessing.

You clearly have not read (or you don't understand) the regulations under Part 382. Lots of use of the word "must" and not very many uses of "the captain gets to decide."

http://www.ecfr.gov/cgi-bin/text-idx?SID=ba296c1069830f27c2e5693c0a1a6858&node=se14.4.382_1117&rgn=div8

Yes, Captain, you are the final authority of who and what is carried on your aircraft, but while you have the practical ability to deny carriage, your refusal might cost your employer money if your decision conflicts with the requirements of the ACAA. While the APA contract does not contain any provisions for collecting that money from you personally, I have to imagine that illegal discrimination against the mentally and emotionally disabled (the people who get to bring their emotional support animals onboard) isn't a desirable trait within the company.

Nobody (particularly me) is questioning the authority of the Captain. Merely pointing out that you always want to be on solid ground when you refuse to carry an emotionally or mentally disabled individual and their ESA.

 

[nycbusdriver]

Nobody (particularly me) is questioning the authority of the Captain. Merely pointing out that you always want to be on solid ground when you refuse to carry an emotionally or mentally disabled individual and their ESA.

 
That's why the policy is in place.  To assist the captain in making the proper decision.  If that policy was followed, then that means the company intends to defend its position, and that decision.

 

[UPNAWAY]

The very concept of ESA as a legal accommodation issue pretty much sums up everything wrong in this country. If you are so emotional fragile that you cannot fly without your pig you probably shouldn't be allowed to fly at all. We are a nation of wimps, psycho babble and greedy lawyers.

 

[Hello3B]

I wonder if having a pig on board might offend someone whose religion considers pigs unclean.

 

[xUT]

The very concept of ESA as a legal accommodation issue pretty much sums up everything wrong in this country. If you are so emotional fragile that you cannot fly without your pig you probably shouldn't be allowed to fly at all. We are a nation of wimps, psycho babble and greedy lawyers.

Not all cases. There are responsible people that have a service animal that helps them and the animal is always under control. I have a friend that has diabetes and his well behaved service animal (dog in this case) can alert him when his blood sugar is too high.
But he is a responsible person. Dog has a vest as a service animal.
Problem is the abusers.
There are always abusers.
Problem is the law.
JMHO,
B) xUT

 

[Glenn Quagmire]

We are a nation of wimps, psycho babble and greedy lawyers.

I kind of like our nation. There are always outliers in every segment of society. Stop focusing on them.

Pay attention to the ones who do good.

Of course that will not make news or fulfill one's confirmation bias.

 

[Dog Wonder]

The very concept of ESA as a legal accommodation issue pretty much sums up everything wrong in this country. If you are so emotional fragile that you cannot fly without your pig you probably shouldn't be allowed to fly at all. We are a nation of wimps, psycho babble and greedy lawyers.

Hope you never go blind.

 

[nevergiveup]

I prefer the Eastern Carolina style.

 

[UPNAWAY]

Hope you never go blind.

 
An emotional service animal /= service animal, dummy!