Yes, my office at the DOT reviews all complaints filed with the DOT (and FAA) that allege violations of the Air Carrier Access Act.

I am not sure how the appeal process works if someone is unhappy with our determination. Any rebuttals sent back to our office are handled by my supervisor. I know that some passenger's have used our determinations in private legal actions against the carriers.

I believe that we would permit a carrier to require a bird to be caged as a condition of carriage.

I thought someone might be interested in the pat-on-the-head (and slightly garbled - "MY pet"?) e-mail response from Delta. (I had actually sent the e-mail to Northwest - I guess they felt compelled to turn the knife by reminding me Delta's now in charge. Northwest would probably have at least coughed up a couple Frequent Flier miles...:rolleyes:) But hey, keep flyin' Delta!:

Thank you for writing about your recent travel experience on July 10.
On behalf of Delta Air Lines, I sincerely apologize for the inconvenience caused one when of our passengers brought a goose on the
plane.

I am truly sorry for your disappointment with our policy for carrying
your pet onboard a flight. I can only imagine how upsetting it must have
been to be seated by another passenger and her goose. Passenger comments like yours are critical in evaluating our service and our future course of action is based on feedback like you have provided. Be assured your concerns will be shared with the leadership team who oversees our pet programs.

I want to thank you, again, for taking the time to share your concerns
regarding our policies for carrying pets onboard a flight. As a WorldPerks member, your future business is important to us and I hope you will continue to choose Delta for your air travel needs.

Sincerely,

Jeff Everett
Customer Care
Northwest/KLM/Delta Air Lines

Northwest Airlines is now part of Delta Air Lines

Got a bit more from Delta/NW (after I crabbed about their boilerplate response): "For more information on our policies, please
visit our website at ... http://www.nwa.com/services/onboard/...spec.shtml#ser "

And I found some interesting comments at http://justonemorepet.wordpress.com/...anion-animals/ :

The question of when an animal goes from being a pet that provides love and companionship to an emotional-support animal, without which an owner cannot get through a day, is subjective....

One reason it is difficult to sort out the varying levels of dependency people have on their animals is that it is a violation of the disabilities act to inquire about someone’s disability, and although service animals are supposed to be trained, there is no definitive list of skills such animals must have.

“The A.D.A. started with the idea of the honor system.... The goal was to make sure that people with disabilities were not hassled. They didn’t list the services an animal should perform because they didn’t want to limit creativity, and they didn’t want to specify dogs because monkeys were being trained in helpful tasks.”

These days people rely on a veritable Noah’s Ark of support animals. Tami McLallen, a spokeswoman for American Airlines, said that although dogs are the most common service animals taken onto planes, the airline has had to accommodate monkeys, miniature horses, cats and even an emotional support duck. “Its owner dressed it up in clothes,” she recalled.

There have also been at least two instances (on American and Delta) in which airlines have been presented with emotional support goats. Ms. McLallen said the airline flies service animals every day; all owners need to do is show up with a letter from a mental health professional and the animal can fly free in the cabin.

There is no way to know how many of the pets now sitting in coach class or accompanying their owners to dinner at restaurants are trained in health-related tasks. But the fact that dog vests bearing the words “service animal” and wallet-size cards explaining the rights of a support-dog owner are available over the Internet, no questions asked, suggests there is wiggle room for those wishing to exploit it....

Bradley Silverbush, a partner at Borah, Goldstein, Altschuler, Schwartz & Nahins... said people are manipulating the law... “People send letters from doctors saying the person relies on the animal, or a person has just lost a parent and purchased a Pomeranian. Some doctors will write anything if asked by a patient.”

Jerri Cohen, the owner of a jewelry store in Manhattan, said she tried living without animals when she married a man who bought an apartment in a no-dog building.... An attorney suggested I get a letter from my psychiatrist. She wrote that I was emotionally needy and the lawyer said that was no good. So she wrote that I can barely function or run my store without them. I won the case. “They sleep with me,” she said. “They have a double stroller. They go to restaurants with me and fly with me.”

By BETH LANDMAN, originally published – New York Times: May 14, 2006

http://scienceblogs.com/culturedish/...nd_banning.php
http://scienceblogs.com/culturedish/...tionale_fo.php