[nagdu] Hold the med. community more accountable-- therapyandemotional support animals - leaping lizzards

Sun Feb 27 23:48:26 UTC 2011

Thanks for all of your words of wisdom and thoughtful remarks. As for the 
stinky dog, it passed away. The stinky dog; an emotional support dog 
accompanied its owner to a group for emotional support. It was facilitated 
by a mental health professional.  No one is the group, including me, spoke 
up- maybe out of apprehension, or perhaps out of not wanting to offend the 
owner.

Back to the issue of holding those to some standard of accountability for 
writing a medical  declaration in support of the individual's need for an 
emotional support dog, they ought to have some responsibility. Sorry for the 
rambling.

Lisa and Bernie
----- Original Message ----- 
From: "Tamara Smith-Kinney" <tamara.8024 at comcast.net>
To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Sunday, February 27, 2011 1:06 PM
Subject: Re: [nagdu] Hold the med. community more accountable--  
therapyandemotional support animals - leaping lizzards

> Lisa,
>
> Ugh!  No, thank you!
>
> I could be wrong here, but the problem with situations like the stinky
> weiner dog or the animals mentioned in the article is that they are not
> service animals as defined under the ADA and so are not granted the access
> to places of public accommodation in the first place.  An emotional 
> support
> animal (or whatever the name used to describe an animal performing that
> function) is covered under the FHA for housing purposes.
>
> Under the ADA, the animal in question must be specifically trained to
> perform tasks to help to mitigate the effects of a disability in order to
> fit the defnition.
>
> So, in the article about Skippy and Max, neither critter had anything at 
> all
> to do with ADA and their owners' supposed rights thereunder...
>
> Technically, last I heard, a therapy dog is one who visits ailing patients
> in a care facility, such as Lyn's Landon does in his spare time.  /smile/
> However, he cannot enter the grocery store on the way home in his capacity
> as therapy dog.  For that, he needs to be a guide dog or something. 
> /smile/
>
> Perhaps, then, it seems to me, a good way to clear things up and put a 
> brake
> on some of the abuses is for reporters to get their facts and their
> terminology straight and for those responsible for determining which
> critter/human pair has right to access and which doesn't to know the
> difference between a service animal, an emotional support animal, and a
> therapy animal.  It wouldn't hurt for them to be familiar with which
> questions they *can* ask and which they cannot, as well.
>
> For instance, the bouncer at the local bar can't legally ask me for 
> Mitzi's
> documentation.  S/He can, however, as me for proof of disability, along 
> with
> my ID as proof of legal age.  I think s/he may also ask me what tasks the
> dog is trained to perform...  With a guide dog, of course, a lot of those
> tasks are self-evident to anyone watching me approach to be asked about it
> in the first place.  /smile/
>
> So, in the case of Stinky Weiner Dog and his owner, the next line of 
> defense
> between his foul odor and ill manners would be whoever is responsible for
> maintaining order in that milieu and group in case people can't mind their
> own manners.   Whoever, then would be responsible for kicking my hick self
> up if I started belching and cussing and lighting up at the table, would
> also be the one to put the nix on the stinky dog on the table.  Or any dog
> on the table!  That would be the same person responsible for, I suppose,
> kicking out an otherwise well-behaved yet stinky guide dog lying under the
> table.
>
> A big help in clearing up a great deal of the confusion that exists and
> continues to become more confused would, in my opinion, be for reporters 
> to
> practice, you know, journalism.  /smile/
>
> Tami Smith-Kinney
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Lisa Irving
> Sent: Saturday, February 26, 2011 9:01 PM
> To: NAGDU Mailing List,the National Association of Guide Dog Users
> Subject: Re: [nagdu] Hold the med. community more accountable-- therapy
> andemotional support animals - leaping lizzards
>
> I'd really like to hear from Toni Eames on this one. I know it's far 
> easier
> to speculate the necessity to regulate therapy and emotional support dogs.
> I'm guessing it has been done because of reasons beyond my recognition.
>
> I participated in a support group a while back where a woman brought her
> very  ancient   and stinky wiener dog. It walked across the table and
> stopped to visit everyone. I dreaded the dog's visits because it stunk so
> much. Even a well behaved guide dog that reeks can be  denied access. From
> my perspective it's so arbitrary and random to prescribe an animal to make
> some one "FEEL" better, secure, calm etc. I'm guessing if there's any
> regulating to be done with therapy and emotional support dogs, it won't
> occur until the next time the ADA is re visited.
>
> From, Lisa and Bernie.
> ----- Original Message ----- 
> From: "Julie J" <julielj at neb.rr.com>
> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Saturday, February 26, 2011 6:59 AM
> Subject: Re: [nagdu] hold the medicalcommunity responsible- leaping 
> lizzards
>
>
>> Lisa,
>>
>> I have no clue what the answer is, but it is clear that way too many
>> people are either way confused about what is a service animal or they 
>> have
>
>> a clue and choose to do whatever it is they want to do anyway.
>>
>> A prescription for a dog does seem a bit foolhardy to me though.  A dog
>> isn't a prescription, I totally agree with you on that account.
>> Prescriptions are regulated and there are very strict standards.  No
>> matter what pharmacy you go to or which brand you purchase you are
>> guaranteed to get the exact dosage on your prescription.
>>
>> This isn't the case with a dog.  What happens if a mental health
>> practitioner prescribes a dog, the client goes to the pound, adopts one,
>> brings it home and the beast turns out to be cujo?  What happens if this
>> experience causes the client's mental health to decline?  What happens if
>> injuries occur, either physical or mental?  Is the practitioner
>> accountable?
>>
>> I am very interested to see how the recent changes to the ADA will play
>> out. It will be several years before we'll notice anything I think.
>> Hopefully limiting service animals to dogs and mini horses will reduce 
>> the
>
>> level of craziness.
>>
>> I still say that ultimately it is the behavior of the animal that needs 
>> to
>
>> be answered for.  And that is some seriously bad grammar! LOL
>>
>> Julie
>>
>>
>> ----- Original Message ----- 
>> From: "Lisa Irving" <lirving1234 at cox.net>
>> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
>> <nagdu at nfbnet.org>
>> Sent: Friday, February 25, 2011 4:14 PM
>> Subject: Re: [nagdu] hold the medicalcommunity responsible- leaping
>> lizzards
>>
>>
>>>
>>>
>>> It seems to me that part of the solution to limiting the plethora of
>>> therapy and emotional support dogs is to create accountability within 
>>> the
>
>>> medical community. Mental health professionals and doctors understand
>>> people not dogs. Some of the medical community can prescribe medication.
>>> Therapy and emotional support dogs do not constitute a prescription. For
>>> those of us who choose to go through formal training at a guide dog
>>> school we have jump through many hoops. Why not design similar hoops for
>>> patients and their mental health providers to work through?  I realize
>>> this is not the solution for everyone, especially for those who self
>>> train their dog.
>>>
>>>>From Lisa and Bernie al Message ----- 
>>> From: "Ginger Kutsch" <gingerKutsch at yahoo.com>
>>> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
>>> <nagdu at nfbnet.org>
>>> Sent: Friday, February 25, 2011 6:49 AM
>>> Subject: [nagdu] Leapin' Lizards! Service Animals Are Multiplying
>>> LikeDoggone Rabbits
>>>
>>>
>>>> Leapin' Lizards! Service Animals Are Multiplying Like Doggone
>>>> Rabbits
>>>> Skippy the Iguana Keeps His Owner Calm, But Therapy Dog Maxx Is
>>>> an Impostor.
>>>> By ANN ZIMMERMAN
>>>> Wall Street Journal
>>>> February 24, 2011
>>>>
>>>> Rhonda Kimmel's 11-year-old West Highland terrier, Maxx, goes
>>>> with her everywhere-to the mall, restaurants and even to the
>>>> bank.
>>>>
>>>> Cosmie Silfa relies on an unusual companion to help him stay
>>>> clean and sober: Skippy, a four-year-old iguana. But changes to
>>>> the Americans with Disabilities Act could decertify Skippy as an
>>>> official service animal. WSJ's Clare Major reports.
>>>>
>>>> What gives Maxx entree to places normally off-limits to canines
>>>> and other animals is the embroidered, purple vest he sports. It
>>>> says: "Therapy Dog Maxx."
>>>>
>>>> Maxx is a lot of things, including well-behaved, and he is a
>>>> faithful companion. What he is not, however, is a therapy dog or
>>>> a service dog, and Ms. Kimmel is not disabled.
>>>>
>>>> Still, Ms. Kimmel says the vest, which she purchased online, no
>>>> questions asked, makes people think otherwise, so they don't
>>>> object to Maxx. "They know they are not supposed to ask," Ms.
>>>> Kimmel says, alluding to the federal law that protects people
>>>> with service animals from inquiries about the nature of their
>>>> disability.
>>>>
>>>> The various uses for service animals, particularly dogs, have
>>>> expanded in recent years beyond the traditional tasks of helping
>>>> blind and deaf people get around safely. Dogs now are used to
>>>> help people detect the onset of seizures, alert diabetics when
>>>> their glucose levels drop too low, and remind psychiatric
>>>> patients to take their medicine.
>>>>
>>>> View Full Image
>>>>
>>>> Brian L. Frank for The Wall Street Journal
>>>>
>>>> Cosmie Silfa says his iguana, Skippy, is a bona-fide service
>>>> animal-and to buttress his point, he carries around a letter from
>>>> his psychiatrist.
>>>> .But the trend also means that there are many more ways to game
>>>> the system-so pet lovers need never be without their companions,
>>>> even if the rules say they should leave the shih tzu at home.
>>>>
>>>> Last summer, after Ocean Park, Md., resident Joseph Wayne Short
>>>> began walking Hillary, his four-foot-long iguana on the
>>>> boardwalk, the city council passed an ordinance prohibiting
>>>> undomesticated animals from mingling with the public, according
>>>> to City Solicitor Guy Ayres.
>>>>
>>>> Mr. Short fought back. He plunked down $64 to place Hillary on
>>>> the Internet-based National Service Animal Registry, a private
>>>> company that, among other things, sells service-animal
>>>> credentials.
>>>>
>>>>
>>>> Maxx
>>>> .On the company website, where Hillary's picture and registration
>>>> number is displayed, it says under service type: unspecified. But
>>>> Mr. Short, who couldn't be reached for comment, has told people
>>>> that Hillary keeps him calm.
>>>>
>>>> "The gentleman claimed that the iguana was his service animal, so
>>>> I am not sure the police looked into it further," Mr. Ayres says.
>>>>
>>>>
>>>> The registry didn't return repeated phone calls for comment.
>>>>
>>>> Cosmie Silfa, in San Francisco, also has a "service iguana." His
>>>> name is Skippy. Mr. Silfa takes him on the bus and walks him in a
>>>> local park.
>>>>
>>>> "He cradles him like a baby, a big scary baby," says Roy Mair,
>>>> who works the front desk of the subsidized housing unit where Mr.
>>>> Silfa lives. Mr. Silfa says what qualifies Skippy as a service
>>>> animal is a letter from the psychiatrist who has been treating
>>>> Mr. Silfa for depression. The letter says Skippy "helps him to
>>>> maintain a stable mood."
>>>>
>>>> Fearing a backlash, advocates for the disabled last fall
>>>> successfully lobbied the Department of Justice to narrow the
>>>> definition of service animals.
>>>>
>>>> Beginning March 15, the Americans With Disabilities Act will only
>>>> recognize dogs as service animals. The new regulations include a
>>>> provision that says the public must accommodate, where
>>>> reasonable, trained miniature horses as well.
>>>>
>>>> The new rules are an effort to "stop erosion of the public's
>>>> trust, which has resulted in reduced access for many individuals
>>>> with disabilities who use trained service animals that adhere to
>>>> high behavioral standards," according to a Justice Department
>>>> spokeswoman.
>>>>
>>>> The Department of Transportation, too, tried to crack down on
>>>> dubious service animals on planes, but that created more problems
>>>> than it solved.
>>>>
>>>> "It's a mess," says Toni Eames, president of the International
>>>> Association of Assistance Dog Partners.
>>>>
>>>> The DOT attempted to weed out passengers pretending their pets
>>>> were service animals in order to avoid having to ship them as
>>>> cargo or, in the case of smaller animals, to keep them in a
>>>> carrier at their feet.
>>>>
>>>> The new rules allow animals that aid people with physical
>>>> disabilities to board a plane freely. The only question airline
>>>> personnel are allowed to ask is how the animal assists the
>>>> person.
>>>>
>>>> But passengers who want to board with psychiatric or
>>>> emotional-support animals must contact the airline 48 hours
>>>> before departure and submit a letter from a licensed
>>>> mental-health professional that documents their mental or
>>>> emotional illness.
>>>>
>>>> Mental-health advocates are outraged and have petitioned the
>>>> Transportation Department to get rid of the new regulation.
>>>>
>>>> "We are forced to disclose we are mentally ill in order to fly.
>>>> It's un-American," says Joan Esnayra, president of the
>>>> Psychiatric Service Dog Society. "Everyone with a service dog
>>>> should be treated the same."
>>>>
>>>> What's more, the new rules do little to get rid of the fakers.
>>>> "If people are clever and they have a well-behaved dog, they know
>>>> just what to say to get their dog on board," says Ms. Eames. "Or
>>>> they can get a friendly psychologist to write a note."
>>>>
>>>> It's risky for businesses to deny access to people accompanied by
>>>> service dogs-even if they think they are pretending to be
>>>> disabled-because if suspicions prove to be unfounded, a business
>>>> could face civil penalties of up to $55,000 for violating a
>>>> person's civil rights.
>>>>
>>>> The new ADA rules might keep service iguanas Hillary and Skippy
>>>> off the streets, should the authorities choose to clamp down. Mr.
>>>> Silfa, Skippy's owner, says that would make him sad.
>>>>
>>>> "The natural sunlight is very good for him," Mr. Silfa says. "But
>>>> I guess I'll have to cross that bridge if I get to it."
>>>>
>>>> Rhonda Kimmel, owner of "Therapy dog Maxx," says she hates to
>>>> "take advantage." But she lives in such a hot climate, she argues
>>>> that the only place Maxx can get some decent summer exercise is
>>>> in the air-conditioned mall.
>>>>
>>>> Still, she says she knows when to draw the line. She recently was
>>>> to meet with her lawyer, whose building doesn't allow dogs. So
>>>> Ms. Kimmel, the lawyer and Maxx held their meeting outdoors.
>>>>
>>>> "I know I was pushing it and I didn't want to start a fight,"
>>>> says Ms. Kimmel. "It's not like I'm blind or something."
>>>>
>>>> Write to Ann Zimmerman at ann.zimmerman at wsj.com
>>>> URL:
>>>> http://online.wsj.com/article/SB100014240527487036521045761224611
>>>> 80284204.html?mod=WSJ_newsreel_ahed
>>>>
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>>>
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>>
>>
>>
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