February 19, 2024

Adored Alligator: Emotional Support Animal or Eccentric Pet?

Last September, an apparent “emotional support alligator” took the nation by storm. A baseball fan and his alligator named Wally were barred from entering a Major League Baseball stadium to meet players of the Philadelphia Phillies. After being denied access to the stadium, Wally’s owner told CNN in an interview that he got the alligator licensed as an emotional support animal. You can read the whole story here.

While Emotional Support Animals (ESAs), therapy animals, and service animals all contribute significantly to the well-being of individuals, it is critical for decision-makers to recognize their distinct roles and the varying privileges they receive. The legal access of humans and their animals is essential to many individuals in their daily lives. 

Wally’s owner, Joie Henney, claimed that Citizens Bank Park “only allows service animals, such as dogs and horses, into the stadium, not ESA animals.” CNN, Emotional support alligator Wally barred from entering Phillies’ stadium, but owner still hopes to bring playoff luck. According to Citizens Bank Park guidelines: “Certified service dogs or service dogs in training for guests with special needs are welcome. All other animals are prohibited.” MLB, Citizens Bank Park Information Guide. While Wally is not a service animal, Henny did receive approval to use him as a support animal from his medical provider.

What is an Emotional Support Animal?

First and foremost, Emotional Support Animals are protected in properties subject to the Fair Housing Act, not protected for general public access. An ESA is any animal that provides emotional support alleviating one or more symptoms or effects of a person’s disability. US Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Service Animals and Assistance Animals for People with Disabilities in Housing and HUD- Funded Programs, FHEO-2020-01 at 17, 19 [Jan. 28, 2020]. Emotional support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias. In order to be considered an ESA, a mental health professional must prescribe the ESA for a patient with a diagnosed psychological or emotional disorder, such as anxiety disorder, major depression, or panic attacks. The U.S. Department of Housing and Urban Development (HUD), in its guidance, clarifies that any “small, domesticated animal that is traditionally kept in the home for pleasure rather than for commercial purposes” can be an ESA. Dogs, cats, small birds, rabbits, hamsters, gerbils, other rodents, fish, and turtles are given as specific examples of animals that fall into this category. This does not mean that other animals cannot serve as ESAs. The HUD notes that other “unique” animals, such as reptiles other than turtles, barnyard animals, monkeys, kangaroos, and other non-domesticated animals, will face a higher bar in order for landlords to accept them. 

HUD’s guidelines technically grant Wally his status as a legitimate emotional support animal under federal law, but not under the Americans with Disabilities Act where public access for Service Animals are protected. Hence, ESAs may not be allowed to accompany their owner in public places ie. restaurants, stores, hotels. Accordingly, Wally has no legal right to be in Citizens Bank Park.

HUD also states that a housing provider can refuse a reasonable accommodation request for a support or assistance animal if said animal poses a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others which cannot be reduced or eliminated. This means that if Joie had a housing provider that believed Wally to be a threat to the safety of others, the provider could refuse the ESA request. If Wally was classified as a therapy animal rather than an ESA, it is up to the MLB whether they want to allow him. Therapy animals provide people with healing contact, typically in an institutional or clinical setting, to improve their physical, social, emotional, or cognitive functioning. These locations typically include hospitals, mental health institutions, hospices, schools, and nursing homes. The American Disabilities Actdoes not consider ESAs or therapy animals to be service animals. If Wally was a service animal under Title II, he would have full public access rights and would be allowed to go places where animals are typically forbidden.  We wish Wally the best of luck in his dreams of visiting the big leagues.