On October 8th, 2021, I arrived at the Mesa Gateway Airport in preparation for my flight to Des Moines, Iowa. Just as I have always done when traveling with Allegiant, I went to the check-in desk to verify the documents for my task-trained service dog, Leo - something I am not required to do per the new DOT regulation.
Unfortunately, on this day, I was discriminated against, treated very poorly, and I feel my rights were violated.
The several ticketing agents that were assisting me weren’t wearing obvious, visible name tags, so I am unable to provide any specific names. However, if surveillance footage is pulled around 7am, you will find who was assisting me in this matter.
I booked my flight June 3, 2021 and emailed the proper DOT forms to the proper email address of acaa@allegiantair.com that same day. Prior to the new DOT regulation taking effect, I had always received a response from Allegiant Airlines prior to my departure date confirming I am permitted to travel with my service dog. This time, however, I never received a response despite my numerous attempts to contact.
Due to the fact that I never received a response, I went to the check-in desk upon arrival at the Mesa Gateway Airport. After explaining to the ticketing agents that I never received a response regarding my service dog, the agents seemed to be confused as to why I was not showing approved in the system, so they called the special assistance department who asked that they email my forms over. I am unsure why this was needed considering I emailed the forms 3 different times myself and followed up on them multiple times.
If surveillance footage is pulled, you will see a ticketing agent in a pink Allegiant shirt who appeared to be in her 40s or 50s who was on the phone with the special assistance department. She stated that the person she was speaking to was “the highest up in the department and they were telling her my dog is not task trained so I won’t be able to board.” I asked why they were saying he isn’t task trained, and was told it was because he did not come from a service dog program and that the person I listed on the DOT form was only for obedience because they contacted him and that they also saw online that he only does obedience training.
The man listed on the DOT form is Gary Gilbert, whom I paid $6,000 for the purpose of task-training Leo. I later confirmed with Mr. Gilbert that Allegiant Airlines, in fact, did not contact him, which makes sense, because Mr. Gilbert would have informed Allegiant of the tasks he trained Leo to perform for me.
Additionally, when looking Mr. Gilbert up on Google, it does in fact show he does obedience training. He does not advertise that he also does task-training, as the majority of his clientele are looking for obedience training. This gives no validity to whether or not Mr. Gilbert task-trained Leo, as this is all speculation since he was never personally contacted.
At this time, surveillance footage will show that I am in tears, because I am realizing these agents aren’t going to let me board my flight. This flight, might I add, was with my partner to travel to Iowa for a wedding. He was in the wedding and HAD to be there. He was BEGGING the agents to let me board, because he couldn’t leave me, and they seemed to have cared less that he was also distraught in this situation.
My partner eventually had to go, because he could not miss this flight. I had hopes that I would be able to convince them that Leo is in fact, task-trained and that I would be able to board the flight too. I BEGGED with this woman in the pink shirt multiple times to let me speak to the person she was on the phone with so that I could explain what tasks he is trained to perform for me, so that they could understand that he in fact, was not just trained in obedience. I recall asking and begging 3 different times, all attempts were ignored and were not acknowledged. At some point, the agent in the pink shirt was asked something along the lines of how is the dog acting, because she leaned over the counter to look at my service dog, who was laying against the counter at my feet just as he always does. She stated to the person on the phone, “Nope, he’s just laying there.” This can be confirmed by viewing surveillance footage.
After the woman in the pink shirt hung up the phone, she explained yet again that Leo is not task-trained because he didn’t come from a service dog program and Mr. Gilbert is not a licensed service dog trainer per the person she spoke with on the phone. I was a bit shocked by this, because the person she spoke with in special assistance is supposed to know the regulations, and should know that licensed service dog trainers aren’t a thing, and that service dogs don’t have to come from a program, as federal law allows owner-training. We as service dog handlers are not required to have a specific individual task-train our dogs. The ticketing agent was given false information by someone who is supposed to know these things.
At this point I am crying so hard because I was so upset, angry, and defeated that no one was listening to me. I asked if I could please have some tissue because my hands were disgusting from wiping my face. I was told I needed to go to the bathroom if I wanted tissue and was not provided any. If you pull surveillance footage, at this time, you will see a woman who had been standing in line apparently watching all of this unfold, come up to me and tap me on the shoulder. As I turned around, she too, was crying. She told me “I am so sorry they are doing this to you. I am so sorry. My heart hurts for you.” She asked if I wanted a hug, and I fell in to her. I was not the only person to know that what Allegiant’s ticketing agents said and did to me was completely out of line and a violation of their company policy, as well as a violation of federal law.
After explaining the concept of service dog training to the woman in the pink shirt, she looked at me and said, “Federal law may allow owner-training, but we here at Allegiant do not, so if you cannot comply with that, do not fly with us again.” I recall my mouth literally dropping open, in shock that she even just said this to me. Clearly unable to get through to her, and clearly unable to be taken seriously, I gathered my things and walked away without saying another word, because there was no point.
I was never informed of my right to speak with a Complaints Resolution Officer (CRO) and one was not made available to me. I did not know this was a resource for individuals with disabilities while at the airport, so I did not know to ask to speak to one. I only learned of CRO’s following this incident during my research. I, instead, was told I would be given a refund for my ticket and was told “they’re going to refund 100% of your ticket, which is awesome!”, As I am still in tears begging her to let me go through security and board my flight. Allegiant Airlines sent me an email showing they were going to refund me, but the amount was never put back on my card, so I in fact, was not refunded as promised.
I have NEVER been treated this way by Allegiant Airlines. In fact, I used to tell people Allegiant was my favorite airline to fly with because of how accommodating they were when Leo and I would fly with them. Because of this incident, I will never be flying with Allegiant again, and I feel as though there should be consequences for the employees involved who clearly need to be refreshed on the new regulation. I understand that the hopes with this new regulation was to crack down on the ESAs and pets being passed as fake service dogs, but the proper steps were not taken to verify whether or not my dog was a pet or a service dog.
On October 11th in response to the denial, I received an email from Allegiant stating the following: “Our records indicate that your request to travel with a dog as a fully task trained service dog was denied due to non-compliance with Allegiant’s Service Animal policy. Allegiant welcomes passengers traveling with a service animal who provide credible and verifiable information. The U.S. Department of Transportation created one (1) service animal form for all air carriers to utilize, which requires the passenger using a task trained service dog to provide details on the dog and Allegiant verifies all information provided on the USDOT form, review travel history and previous correspondence prior to providing the required approval.
As a result of the review and verification process Allegiant did not accept the animal as a service animal. The Department of Transportation (DOT) requires air carriers to notify a passenger, in writing, when their request for disability accommodations have been denied and either admit or deny a violation of Title 14 CFR Part 382. Allegiant denies a violation, as the form was not credible or verifiable. In addition, we are required to inform you of your right to pursue enforcement action, if you wish.
For any future travel, please refer to our website under Travel Info/FAQs for Traveling with Pets for pertinent information on bringing a small dog as a pet in cabin. Allegiant understands the importance and comfort our pets provide during air travel. For this reason, we have lowered the cost of our pet rate to $50.00 per flight.”
I was compliant with Allegiant’s service animal policy. My information was credible and verifiable, but the proper steps to ensure this were not taken. Therefore, it is incorrect to state my information that was provided was not verifiable. Allegiant’s service dog policy is clear, and I was not in violation of it. Cited directly from Allegiant’s website regarding passengers with special needs: “Allegiant only accepts for transport domestic dogs as a service animal. All animals are expected to be fully task trained to behave in a public setting. Per the Code of Federal Regulations, Title 14, Part 382 (administered by the U.S. Department of Transportation), Allegiant reserves the right to deny transport to any animal displaying disruptive behavior, such as, but not limited to:
Growling, snarling, biting, attempting to bite or acting in an aggressive manner
Running around or jumping on other passengers
Relieving themselves in the airport terminal or in the aircraft cabin
Barking excessively (other than alerting passenger as trained)
If a passenger or a fully trained service animal does not meet the above requirements, Allegiant reserves the right to deny transport to the animal. Please contact us at acaa@allegiantair.com if you have questions or concerns about traveling with your fully trained service animal.”
My dog is fully task-trained and trained to behave in a public setting (see attached photo that was taken while the woman in the pink shirt was on the phone with special assistance as an example). My dog did not display any disruptive behavior included in the examples provided by Allegiant Airlines. I met the above requirements, and yet, was still denied transport of my service dog, which in turn, denies me the transport by air, as I am not able to fly if he is checked as a pet. This is because my medical condition and safety relies on his alerts and responses, which cannot be performed if he is not in the cabin with me. He is NOT a pet.
Not only was I treated unfairly, but I was also discriminated against.
Per ACAA § 382.3: Assistive device means any piece of equipment that assists a passenger with a disability to cope with the effects of his or her disability. Such devices are intended to assist a passenger with a disability to hear, see, communicate, maneuver, or perform other functions of daily life, and may include medical devices and medications.
Service animal means a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Animal species other than dogs, emotional support animals, comfort animals, companionship animals, and service animals in training are not service animals for the purposes of this part.
A Service animal handler is a passenger in air transportation who is a qualified individual with a disability who receives assistance from a service animal(s) that does work or performs tasks that are directly related to the individual's disability, or a third party who accompanies the individual with a disability traveling with a service animal such as a parent of a minor child or a caretaker. The service animal handler is responsible for keeping the animal under control at all times, and caring for and supervising the service animal, which includes toileting and feeding.
Allegiant failed to ask and verify what tasks my dog is trained to perform to help mitigate my disability. There was no basis for their assumption that my dog is not task-trained, other than their misinterpretation of federal regulations.
Allegiant Airlines violated federal regulations under the basis of: § 382.73 How do carriers determine if an animal is a service animal that must be accepted for transport? May a carrier require that a service animal be under the control of the service animal user or handler?
(a) You may rely on one or more of the factors set forth in paragraphs (a)(1) through)(3) of this section to determine if an animal is a service animal that must be accepted for transport.
(1) You may make two inquiries to determine whether an animal qualifies as a service animal. You may ask if the animal is required to accompany the passenger because of a disability and what work or task the animal has been trained to perform. You must not ask about the nature or extent of a person's disability or ask that the service animal demonstrate its work or task.
(2) You may observe the behavior of an animal. A trained service animal will remain under the control of its handler. It does not run freely around an aircraft or an airport gate area, bark or growl repeatedly at other persons or other animals on the aircraft or in the airport gate area, bite, jump on, or cause injury to people, or urinate or defecate in the cabin or gate area. An animal that engages in such disruptive behavior demonstrates that it has not been successfully trained to behave properly in a public setting and carriers are not required to treat it as a service animal without a carrier in the cabin, even if the animal performs an assistive function for a passenger with a disability.
(3) You may look for physical indicators, such as a harness or vest on the animal, to determine if the animal is a service animal.
(b) You may require that a service animal be harnessed, leashed, or otherwise tethered at all times by the service animal user or service animal handler while in areas of the airport that you own, lease or control, or on an aircraft. [Doc. No. DOT-OST-2018-0068, 85 FR 79774, Dec. 10, 2020]
The questions airlines are permitted to ask to help determine whether or not a service dog is a service dog, were not asked. In fact, I begged to answer them and my requests and pleads went unheard and ignored.
Allegiant Airlines violated federal regulations under the basis of: § 382.75 May a carrier require documentation from passengers with disabilities seeking to travel with a service animal?
(a) If a passenger with a disability seeks to travel with a service animal, you may require the passenger to provide you, as a condition of permitting the service animal to travel in the cabin, a current completed U.S. Department of Transportation Service Animal Air Transportation Form. Current means the form was completed on or after the date the passenger purchased his or her airline ticket.
(b) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger with a disability traveling with the service animal to confirm that the animal will not need to relieve itself on the flight, or that the animal can relieve itself in a way that does not create a health or sanitation issue on the flight by providing a current DOT Service Animal Relief Attestation Form. Current means the form was completed on or after the date the passenger purchased his or her airline ticket.
(c) You are not permitted to require documentation from passengers with disabilities traveling with service animals beyond the completion of the forms identified in paragraphs (a) and (b) of this section except to comply with requirements on transport of animals by a Federal agency, a U.S. territory or a foreign jurisdiction.
(d) As a U.S. air carrier, if you require service animal users to submit the forms identified in paragraphs (a) and (b) of this section, you must have copies of these forms available for passengers at each airport you serve. As a foreign air carrier, if you require service animal users to submit the forms identified in paragraphs (a) and (b) of this section, you must have copies of the forms available for passengers at each airport serving a flight you operate that begins or ends at a U.S. airport.
(e) If you have a website, you must have the forms identified in paragraphs (a) and (b) available to passengers in an accessible format. You must mail copies of the forms identified in paragraphs (a) and (b) to passengers upon request.
(f) If you require a passenger with a disability traveling with a service animal to submit the forms identified in paragraphs (a) and (b) of this section in advance of the passenger's date of travel, you must provide the passenger the option of submitting the completed form(s) to you electronically or by hardcopy.
(g) (1) If a passenger's reservation was made more than 48 hours in advance of the first originally scheduled departure time on the passenger's itinerary, you may require that passenger provide up to 48 hours advance notice by submitting the form identified in paragraph (a) of this section.
(2) If a passenger's reservation was made more than 48 hours in advance of the first originally scheduled departure time on the passenger's itinerary and a flight segment on the passenger's itinerary is scheduled to take 8 hours or more, you may require that the passenger provide up to 48 hours advance notice by submitting the form identified in paragraph (b) of this section.
(3) If a passenger's reservation was made less than 48 hours in advance of the first originally scheduled departure time on the passenger's itinerary, you may not require that passenger provide advance notice of his or her intent to travel with a service animal. You may require that the passenger complete the forms identified in paragraphs (a) and (b) of this section and submit a copy of the form to you at the passenger's departure gate on the date of travel.
(h) If the passenger does not meet the advance notice requirements you establish consistent with this section, you must still provide the accommodation if you can do so by making reasonable efforts, without delaying the flight. [Doc. No. DOT-OST-2018-0068, 85 FR 79774, Dec. 10, 2020]
This particular flight was booked June 3, 2021 with a departure date of October 8, 2021. Emails with the proper DOT forms and follow ups were emailed to acaa@allegiantair.com on the following dates:
June 3, 2021, original documentation sent
Follow up - August 12, 2021. To which I received a response with additional questions the same day, which were answered August 12, 2021
What work or task was the service dog trained to perform?
He is trained to alert to my increased heart rate and performs grounding tasks in response of deep and/or light pressure therapy and licking of my hands and face
When did the dog complete service training?
Training was complete August 2019
The breed and age of the dog:
Border collie/lab mix, 5 years old
Has your service dog previously traveled with Allegiant before?
Yes, he has previously flown with me on Allegiant flights many times
Will the dog be transported in an enclosed carrier?
He will not be transported in a carrier
August 31, 2021 - Follow up
Resent original email with DOT forms attached a second time September 28, 2021
Resent original email with DOT forms attached a third time October 1, 2021
Allegiant Airlines failed to inform me they felt I was non-compliant with their policy prior to the date of departure. As a result, instead of notifying me of this so that I could book another flight well in advance, I was forced to travel without my partner and scramble to find a flight to Des Moines that got me there before 12pm October 9, 2021. Several hundred dollars were spent on last minute flights to ensure I arrived in time for the wedding. This was money I was not expecting to have to spend and it could have all been avoided if Allegiant Airlines would have communicated to me that they felt I was non-compliant well in advance from my arriving at the airport. They were given numerous chances to inform me of this, but still failed to do so.
Allegiant Airlines violated federal regulations under the basis of: § 382.79 Under what other circumstances may carriers refuse to provide transportation to a service animal traveling with a passenger with a disability?
(a) You may deny transport to a service animal under the following circumstances:
(1) The animal poses a direct threat to the health or safety of others (see definition in § 382.3);
(2) The animal causes a significant disruption in the cabin or at an airport gate area, or its behavior on the aircraft or at an airport gate area indicates that it has not been trained to behave properly in public (e.g., running freely, barking or growling repeatedly at other persons on the aircraft, biting or jumping on people, or urinating or defecating in the cabin or gate area);
(3) The animal's carriage would violate applicable safety or health requirements of any U.S. federal agency, U.S. territory or foreign government; or
(4) The passenger with a disability seeking to travel with a service animal in the cabin of the aircraft does not provide completed current forms as set forth in § 382.75 (a) and (b) to the carrier when requested to do so.
(b) In determining whether to deny transport to a service animal on the basis that the animal poses a direct threat under paragraph (a)(1) of this section, you must make an individualized assessment, independent of the dog's breed or type, based on reasonable judgment that relies on the best available objective evidence to ascertain the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedure will mitigate the risk. A current completed U.S. Department of Transportation Service Animal Air Transportation Form may be used in making this determination.
(c) In determining whether to deny transport to a service animal on the basis that the animal has misbehaved and/or has caused a significant disruption in the cabin under paragraph (a)(2) of this section, you must make an individualized assessment, independent of the dog's breed or type, based on reasonable judgment that relies on the best available objective evidence to ascertain the probability that the misbehavior and/or disruption will continue to occur; and whether reasonable modifications of policies, practices, or procedure will mitigate the misbehavior and/or the disruption. A current completed U.S. Department of Transportation Service Animal Air Transportation Form and a current completed U.S. Department of Transportation Service Animal Relief Attestation Form may be used in making this determination.
(d) In conducting the analysis required under paragraphs (a)(1) and (2) of this section, you must not deny transportation to the service animal if there are means available short of refusal that would mitigate the problem (e.g., muzzling a barking service dog or taking other steps to comply with animal health regulations needed to permit entry of the service animal into a domestic territory or a foreign country).
(e) If you refuse to provide transportation to a service animal based on any provision in this part, you must provide the individual with a disability accompanied by the service animal a written statement of the reason for the refusal. This statement must include the specific basis for the carrier's opinion that the refusal meets the standards of paragraphs (a) through (c) of this section or is otherwise specifically permitted by this part. You must provide this written statement to the individual with a disability accompanied by the service animal either at the airport, or within 10 calendar days of the refusal of transportation. [Doc. No. DOT-OST-2018-0068, 85 FR 79774, Dec. 10, 2020]
The email I received from Allegiant Airlines that the DOT requires to be sent within 10 calendar days to the individual with a disability, stated “Allegiant verifies all information provided on the USDOT form, reviews travel history and previous correspondence prior to providing the required approval.” This is incorrect, as the information regarding Mr. Gilbert was not verified. My travel history would show I have flown with my service dog onboard Allegiant Airlines flights many times in the past with no problems.
The Department of Transportation outlines how airlines should determine whether or not the dog is a service dog:
Airlines can determine whether an animal is a service animal or pet by:
Asking an individual with a disability if the animal is required to accompany the passenger because of a disability and what work or task the animal has been trained to perform;
Looking for physical indicators such as the presence of a harness or vests;
Looking to see if the animal is harnessed, leashed, or otherwise tethered; and
Observing the behavior of the animal.
Allegiant Airlines failed to ask me if my service dog is required because of a disability, and they failed to allow me to state what tasks he is trained to perform. My service dog was properly vested and leashed with a traffic lead for identification purposes. They observed the behavior of my service dog, but I was told this only proved that he was obedience trained.
I am so very disappointed that this new regulation was made to help us, and instead it hurt us. I am requesting that Allegiant Airlines refund my ticket amount just as they stated they would. I am requesting that Allegiant Airlines hold training for the employees involved to ensure they are up to date and educated on the new regulation. I am requesting that Allegiant Airlines reimburse me for the flight costs with another airline that I had to spend in order to make it to Iowa. The first American Airlines flight that was booked out of Phoenix got delayed, and I therefore had to book a different flight out of Tucson in order to ensure I arrived in Iowa in time for the wedding. I am requesting The Department of Transportation take the proper steps to hold Allegiant Airlines accountable in this situation, to ensure it does not occur to another handler. I am requesting that all parties involved receive the proper disciplinary actions.