North Carolina protects those in need of emotional and physical assistance from discrimination, particularly those who rely upon an emotional support animal for disability support. There are federal and state laws in place that ensure those with emotional support animals recommended by a licensed mental health provider are allowed to have their companion with them in various areas, including in their home and in most public accommodations.

However, there are certain restrictions that North Carolina residents who own an emotional support animal should be aware of, along with important distinctions between those with service animals and those with emotional support animals.

The following is an overview of the rights provided to those who have an emotional support animal and their faithful companion in the state of North Carolina. 

The Air Carrier Access Act (ACAA) previously used to allow all ESAs in the cabin of a plane for free. However, the ACAA has since been updated and unfortunately ESAs are treated as regular pets on airplanes now. This means that airlines can charge a pet fee, and can make your ESA ride in the cargo if it’s too large or there are too many other pet reservations.

If planes trigger your anxiety (or other mental conditions) and you need support from your furry friend during takeoff and landing, it may be beneficial to see if registering your ESA as a psychiatric service animal is right for you. Service animals have more legal protections than ESAs, and you won’t have to worry about leaving your emotional support in cargo.

Many public venues are not required to allow emotional support animals, although many do make accommodations to assist visitors. While emotional support animals are not protected under North Carolina Law, service animals are. Service animals provide an important role to their owner as it relates to a physical condition, rather than an emotional one in which emotional support animals assist.

Those who rely upon a service animal are more strongly protected by law and allowed into most public places without discrimination, including restaurants, hotels, gyms, parks, libraries, museums, public gatherings and numerous other areas. Many locations are not, however, obligated to allow emotional support animals in North Carolina, including hotels, parks, and other common facilities.

If you own a service animal protected in public accommodations, then the establishment is not allowed to question you about your service animal. If you own an emotional support animal that you want to bring with you into a public place, then be sure to contact the place beforehand and make sure it is okay. Many places are understanding and willing to allow your emotional support animal as long as it does not cause a disturbance of any kind.

However, if you do not provide proper notice, then they are typically more likely to deny your emotional support animal. The key to traveling to places that are not required to allow your emotional support animal is to properly communicate beforehand.

Among the many types of specialized service dogs, you’ll find the psychiatric service dog (PSD). A psychiatric service dog is trained to help people who struggle with mental health conditions or disabilities. They’re trained to help someone with a specific task and may also provide someone with emotional support. Psychiatric service dogs are often trained to help people remember their medication or to provide relief for panic attacks.

Psychiatric service dogs are also trained to recognize their owner’s emotions. Therefore, they can recognize when someone is dealing with social anxiety or if they’re about to have a panic attack. This helps PSDs prevent these attacks from happening in the first place.

North Carolina has several laws that pertain to service dogs. Examples include the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). These laws protect service dogs in rental housing and public spaces. North Carolina state law follows these guidelines.

In North Carolina, PTSD service dogs are trained to help someone manage post-traumatic stress disorder. PTSD is a mental health condition that may result in panic attacks, anxiety, and depression. Service dogs trained to manage PTSD help people who are diagnosed with PTSD live more independent lives.

PTSD service dogs can help in a few ways. They’re trained to learn their owner’s triggers, which helps them guide their owner’s away from them. PTSD service dogs can also get help for people having panic attacks and provide comfort that reduces symptoms. According to federal laws and North Carolina state law, PTSD service dogs have protection under the Fair Housing Act (FHA), Air Carrier Access Act (ACAA), and the Americans with Disabilities Act (ADA).

An ESA letter is the required official documentation that states the individual was evaluated by a licensed mental health professional and recommended an emotional support animal to deal with their emotional complications or disability. It essentially means the emotional support animal provides a benefit to the owner. As discussed, emotional support animals are protected in North Carolina by various housing laws.

The essential component of an ESA letter is an evaluation by a licensed mental health professional (LMHP). During the interview, they will ask a series of questions about your medical history, diagnosis and why you feel you can benefit from an emotional support animal before making a recommendation.

The ESA letter ensures the person is protected by the Federal Fair Housing Act and other federal and North Carolina laws. People in a position of power such as landlords are not allowed to discriminate against owners or their emotional support animal if there is an applicable law in place that protects the emotional support animal.

You can register your emotional support animal through the U.S. Service Animal website. The process can essentially be broken down into three steps, which include the following:

• Fill out the registration form
• Have an interview with an LMHP
• Finish the review and approval process

The first step is to fill out the registration form on our website. Once you complete the registration, we will review your information and schedule a consultation between you and a licensed mental health professional, during which they will evaluate you to see if you qualify. Upon approval, you will be sent a copy of your ESA letter, which protects the owner from discrimination in areas covered by state and federal law.

By:  Dominic Lotrino, Esq.