[nagdu] Fake service dogs news story

Marion & Martin swampfox1833 at verizon.net
Thu Nov 26 00:32:39 UTC 2009


Albert,
    The problem with the tag might be the challenges it would cause for 
those of us from another jurisdiction who do not have such a tag. If I 
travel to this area with my guide dog and am questioned about such a tag, 
would I be denied access because they are imposing more restrictions upon me 
than the law allows? The ADA protects me no matter where I travel in the 
U.S. and its territories. If the ADA states there is no documentation 
required for access and a local jurisdiction imposes a restriction upon me, 
this jurisdiction is in violation of my rights under Federal law. Even if 
the tag is an option, some public accommodations may see it as a 
requirement; thus the local law/ordinance has the effect of creating 
discrimination against me by confusing the public on this issue.

Fraternally yours,
Marion


----- Original Message ----- 
From: "Albert J Rizzi" <albert at myblindspot.org>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Wednesday, November 25, 2009 12:58 PM
Subject: Re: [nagdu] Fake service dogs news story


> To tell you the truth I see the tag "option" more as a tool to protect our
> rights rather then one to be considered a problem. The code was most
> probably created and enforced due to individuals trying to get over on
> society in order to bring their pets wherever they please.  A service 
> animal
> in and of itself and their abilities are evident when one sees a service
> animal in action. If however a tag helps protect us from charlatans and 
> does
> not complicate a true handlers life or access then what is the big deal?
>
> Albert J. Rizzi, M.Ed.
> CEO/Founder
> My Blind Spot, Inc.
> 90 Broad Street - 18th Fl.
> New York, New York  10004
> www.myblindspot.org
> PH: 917-553-0347
> Fax: 212-858-5759
> "The person who says it cannot be done, shouldn't interrupt the one who is
> doing it."
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Linda Gwizdak
> Sent: Wednesday, November 25, 2009 12:34 PM
> To: NAGDU Mailing List,the National Association of Guide Dog Users
> Subject: Re: [nagdu] Fake service dogs news story
>
> Hi Ann,
> I was just as surprized to see in the story that the tags are mandatory -
> just like the law cited about busting people for fraudulent service 
> animals.
>
> The thing about the tags is NEVER enforced.  I know many guide dog users 
> who
>
> never got around to getting the tags when they started issuing them 
> several
> years ago. I got one so if by chance Landon got loose and was wearing only
> his collar, his finder would know right away that he was a service dog -
> that's the only reason I got it.
>
> When I got the tag, the Animal Control folks NEVER said that these tags 
> were
>
> mandatory as the officer in the article said.  I could very easily find 
> out
> since I go to their campus to volunteer with the adjoining Humane Society
> twice a month!
>
> I think the article was addressing that there is a definate problem with
> these "fake" service animals in the San Diego area - and I assume in other
> locales as well.  When Channel 10 did the story, they NEVER approached the
> San Diego guide dog using residents.  All they needed to do is call up the
> Blind Community Center or the San Diego Center for the Blind to find us.
>
> So, yeah, the story was contradictory, I can try to contact the writer of
> the story and find out more.  I've just been quite busy with other 
> pressing
> things.
>
> As to rabbits, I have never encountered one as a service animal and I 
> don't
> think it would be a problem to me as some of these untrained, unsocialized
> dogs people bring out and claim they are their service dogs.
>
> What I think needs to be done is to bust the offenders who cause problems. 
> I
>
> have encountered some "emotional support" dogs on the bus who were very 
> well
>
> behaved and socialized.  the dogs were suited for the work. I even had one
> that lay under the seat on the bus with Landon and it was Landon who tried
> to misbehave! (grin!)  I told these people that I appreciated that they 
> had
> nice dogs and I have no problem with these.  It is unfortunate that some
> people spoil it all for the people who are responsible whether it is a pet
> or a service dog.
>
> If people in this country trained their dogs and were responsible owners, 
> I
> think the bans on dogs would go away.  But, you know how it is - people 
> lump
>
> everyone into one group when it comes to dogs or other things.  I wish 
> that
> the OFFENDERS would be punished and leave the good folks alone.
>
> Have a Happy Thanksgiving everyone!
>
> Linda and Landon
> ----- Original Message ----- 
> From: "Ann Edie" <annedie at nycap.rr.com>
> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Tuesday, November 24, 2009 12:16 AM
> Subject: Re: [nagdu] Fake service dogs news story
>
>
>> Hi, Linda,
>>
>> The logic behind news stories such as this one never ceases to amaze me!
>> Can someone please explain to me how banning rabbits as service animals 
>> is
>
>> going to have any effect on the number of pit bulls, Yorkies, and
>> Chihuahuas being fraudulently claimed as service animals?
>>
>> And, while you say that "service dog" tags are not required by California
>> to gain public access with a service animal, the article clearly tells 
>> the
>
>> public--and managers of places of public accommodation--the exact
>> opposite, "Lt. Dan DeSousa of the San Diego County Animal Shelter told
>> 10News that California requires all service dogs wear a special tag, 
>> which
>
>> can be obtained at your local animal shelter by filling out a form."  Who
>> is John Q. Public going to believe, Linda G. who claims that she has the
>> right under the ADA to take her "service dog" into any public place on
>> just her say-so that the dog performs tasks to mitigate her disability, 
>> or
>
>> Lt. Dan DeSousa, (who sounds like an *official* law enforcement officer 
>> to
>
>> me), and who clearly states that California requires that a dog be 
>> wearing
>
>> "service dog" tags which can be obtained at your local animal shelter in
>> order for the person to be granted public access?
>>
>> What good does it do to state on an e-mail list populated by guide dog
>> users who already presumably know their rights under the ADA, that
>> "Service dog" tags are not required for public access, while Lt. Dan
>> DeSousa is quoted in the public media stating the exact opposite? 
>> Perhaps
>
>> you should try to interest the TV news organization in airing a debate on
>> the subject of public access by persons with disabilities accompanied by
>> service animals between Lt. Dan DeSousa and yourself or some other
>> representative of the disability community.  And perhaps they should also
>> include a user of a service rabbit and a non-disabled person who has
>> fraudulently obtained a "service dog" tag for his/her pet pit bull in the
>> debate as well.
>>
>> It is truly an Alice Through the Looking Glass World we live in!
>>
>> Best,
>> Ann
>>
>> ----- Original Message ----- 
>> From: "Linda Gwizdak" <linda.gwizdak at cox.net>
>> To: "NFBnet NAGDU Mailing List,the National Association of Guide Dog
>> Users" <nagdu at nfbnet.org>
>> Sent: Monday, November 23, 2009 10:23 PM
>> Subject: [nagdu] Fake service dogs news story
>>
>>
>>> Hi All,
>>> Here below is an article from a newsstory aired last night on San 
>>> Diego's
>
>>> KGTV Channel 10.  It was a good piece and I wanted to share it with you.
>>>
>>> The service animal tags issued by SD Animal Control is NOT required to
>>> have our guide dogs admitted into public places.  Some of us have them
>>> and some don't. Under ADA these tags can't be the determining factor in
>>> order to admit a service dog - it just lets the public know that the dog
>>> has been registered with the County of San Diego as a service dog.
>>>
>>> We experience the problem of these dogs mentioned in the story all the
>>> time. One of my friends was getting off the bus when a "service dog"
>>> lunged and growled not only at her guide dog, but at several passengers!
>>> The bus driver did nothing about this.  He was probably afraid of being
>>> sued under ADA.
>>>
>>> I personally have encountered these nasty dogs on the bus and in public
>>> buildings.  It sure is scary when all of a sudden you hear this menacing
>>> dog near you!
>>>
>>> I hope the new ADA regs will help get rid of this problem.
>>>
>>> Linda and Landon
>>>
>>> Loopholes Allow Pets to Be Taken Anywhere
>>> SAN DIEGO -- We all love our pets but some people are willing to break
>>> the law so they can take their dogs with them everywhere they go. 10News
>>> reporter Rachel Bianco investigated San Diego's canine companion
>>> controversy and how it threatens the rights of people who are truly
>>> disabled.
>>>
>>> Sady the miniature daschund doesn't look like your typical service dog
>>> nor -- with her jumping and barking -- does she act like one, but when
>>> she wore a service dog vest and badge she had no trouble getting into
>>> North County restaurants.
>>>
>>> Tami Michaels has a legitimate disability and a legitimate service dog.
>>> She said that when Fido is a fake it poses a real problem.
>>>
>>>
>>>
>>> "A lot of them don't have the right temperament to be out in public,"
>>> Michaels said. "So, when I go in with my dog to a grocery store or a
>>> restaurant, often times these kinds of dogs will lunge and growl and 
>>> snap
>
>>> at my dog."
>>>
>>> But snapping dogs aren't the only problem. "I've seen a lot more
>>> suspicion from people where they automatically assume you are trying to
>>> pull something over on them," Michaels added.
>>>
>>> Lt. Dan DeSousa of the San Diego County Animal Shelter told 10News that
>>> California requires all service dogs wear a special tag, which can be
>>> obtained at your local animal shelter by filling out a form. The only
>>> problem, DeSousa said, is that there is no way to follow up on the
>>> answers.
>>>
>>> DeSousa said that when someone applies for a service dog tag the only
>>> question they have to answer is if the animal is trained to perform a
>>> task for the person. There is no way to verify that what they're saying
>>> is true.
>>>
>>> "Doctors notes and disablities, that's off limits to us," DeSousa said,
>>> "we can't ask about that, so we have to take people at their word."
>>>
>>> So far this year, the county has issued the most service dog tags --
>>> 43 --  to labradors. Chihuahuas came in second with 37 tags, beating
>>> golden retrievers which had 25.
>>>
>>> Also curiously high on the list: yorkshire terriers, pit bulls, and 
>>> pugs.
>>>
>>> "There are people who want this tag just so they can take their dog
>>> wherever they want to, so they can take it into the stores, restaurants
>>> and things like that," said DeSousa.
>>>
>>> "A lot of people really just don't see anyting wrong with it I guess,"
>>> Michaels said. "They just really don't understand how much it hurts
>>> legitimate service dog teams."
>>>
>>> Having a fake service animal is a misdemeanor fraud punishable by six
>>> months in jail or a $1,000 fine but the San Diego Sheriff's Department
>>> told 10News that it has never been enforced.
>>>
>>> Right now it is simply too hard to tell whether the canine is a con.
>>>
>>> The U.S. Justice Department is currently looking to tighten the rules 
>>> for
>
>>> service animals. The new guidelines under review would exclude reptiles,
>>> amphibians, rodents, farm animals, ferrets and rabbits. A final decision
>>> is expected by the end of the year.
>>> Copyright 2009 by 10News.com. All rights reserved. This material may not
>>> be published, broadcast, rewritten or redistributed
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>>
>>
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