107 Iowa L. Rev. 2401 (2022)

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Abstract

In Cohen v. Clark, the Iowa Supreme Court identified that Iowa’s Emotional Support Animal (“ESA”) laws create a clash of rights between individuals entitled to an ESA accommodation under Iowa Code Section 216.8A and those individuals who have uncontrollable allergy attacks when an animal is present. As more and more legislatures seek to grant healthrelated rights to allow ESAs, it appears this clash between individuals’ respective rights may only be beginning. Thus, this Note seeks to determine whether Iowa’s ESA laws created a clash of rights under the pre-Cohen understanding of the law, identify the ramifications of Iowa’s ESA laws in a post-Cohen world, and offer suggestions for how Iowa’s legislature can justly alleviate these concerns for all stakeholders.