Disclaimer : My analysis is limited to jurisdictions governed by United States Constitution and is my own personal opinion of general applicability. It should not be taken as specific legal advise to your individual and unique set of facts.
Under the Americans with Disabilities Act (“ADA”) only a dog can be considered a “service animal” that supports a disabled individual with one or more functions necessary for daily living. Whether you agree that such limitation to dogs-only is warranted or not, that is the balance that Congress has struck in dealing with this very sensitive and important civil rights issue.
Under Airbnb’s “Assistance Animal” policy, “any” animal could be considered assistive of a guest’s (disabled or not) if the guest says that it is. By logical deduction then, even animals that are commonly antagonist with dogs could be considered an “assistance animal” which as a host you are now required to make a every effort to accommodate. Because said “assistance animals” do not require the same level of training or certification that dogs undergo to be considered a “service animal” under the ADA, one could very well imaging a likely hypothetical situation were the lesser trained animal becomes irate, confrontational, or otherwise agitated by the presence or sight of an ADA-level on the premises. Thus, placing not only the “service animal” but its legitimately disabled owner at great peril and danger of being attacked or otherwise deprived of the full use of the very tool which Congress has deemed necessary for the disabled party to fully participate in every day life.
The broad, vague, and burdensome “assistance animal” policy that Airbnb has crafted (while probably intentioned) and definitely leading to more bookings by attracting a large segment of non-disabled pet lovers, is nonetheless going to hurt and undermine disabled patrons. This is not the time to be more expansive and loose with defining what a “service animal” should entail. Congress has already done that with great success. Rather, this is the time to protect that right and narrowly define it so as to protect our society’s vulnerable disabled citizens; those with severe and highly debilitating physical and mental disabilities that would otherwise not have mobility but for their specialized-trained dog.
In fact, the US Airline industry recently did just that. It protected our most vulnerable by limiting the exception for “service animals” allowed in the passenger cabin to those animals as defined narrowly by the ADA, and has specifically excluded the unreasonable and preponderance of “emotional support” animals taking to the skies, such as piglets, farm livestock, and other large over-the-top, clearl-abuse-of-accommodations-law-animals that made flying not only less pleasant for law abiding passengers but also dangerous for the ADA approved service animals and disabled flyers.
Airbnb should protect the ADA and the citizens whom it was originally intended to serve by following the Airline industry’s leadership on this sensitive, pertinent, and timely issue.
Que Será Será, What Will Be Will Be-CHANGED!
