[nagdu] Fake service dogs news story

Sat Nov 28 21:02:17 UTC 2009

Hi, Albert,

The problem with the "service Dog" tags which are supposedly being required 
at least by San Diego County, if not all of the State of California, is 
that, as the officer stated in the article, no attempt is made to verify 
that the statements of the applicant for such tags is telling the truth 
about either his/her medical need for the service animal or the training or 
suitability of the animal for public access.  Therefore, neither the tags, 
nor the application process for obtaining them do anything to protect 
legitimate service animal users or any other members of the public from 
safety issues caused by ill-trained or ill-behaved pet dogs in public places 
which are claimed by their handlers as "service dogs".

Since even legitimate service dogs can, on occasion, pose a health or safety 
risk to members of the public, the ADA gives the operator of a public 
accommodation the right to disallow access to a person accompanied by a 
service animal if that animal's behavior causes a clear danger to the health 
or safety of others, or if the presence of the animal would substantially 
alter the nature of the service being offered.  I think that both police and 
managers of public accommodations need to be educated about this provision 
and empowered to exclude ill-behaved animals from public places whether or 
not these animals are claimed to be service animals.

Best,
Ann

----- 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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