[nagdu] Fake service dogs provoke resentment, possible rule changes

Sun Nov 25 23:41:31 UTC 2012

Okay... I should read the article before commenting. But my comment is 
that I just can't read another of these articles right now. Our local 
transit company made a decision about how to deal with "the dog problem" 
here... I'm reading what the locals have to say about this big move...

When I get over being too irritable on the subject to talk about any of 
it without cursing, I'll come here to ask some questions or something.

Mutter, mumble, grumble... /loll/

Tami

On 11/25/2012 01:31 PM, Ginger Kutsch wrote:
> Fake service dogs provoke resentment, possible rule changes
>
> By Christine Stapleton
>
> Palm Beach Post Staff Writer
>
> Source:
> http://www.palmbeachpost.com/news/lifestyles/pets/fake-service-dogs-provoke-
> resentment-possible-rule/nTD9C/
>
>
>
> Macy and Milo, blond Labs with constantly wagging tails, look and goof off
> like the other pooches at the dog park.
>
>
>
> Their owner, 20-year-old college student Shoshana Rappaport, looks like the
> other doting dog moms, telling her dogs to knock it off when they play too
> rough and smothering them with hugs when they are worn out.
>
>
>
> But Macy and Milo are not like the other dogs at the dog park. When
> Rappaport turns her head to the right and her neon orange hearing aid is
> visible, it is obvious that she also is not like the other dog moms at the
> park.
>
>
>
> Macy and Milo are service dogs. They have been trained to alert Rappaport,
> who is profoundly deaf and also has vertigo, to vital sounds that many of us
> take for granted - car horns, door bells or a stranger approaching from
> behind. Shoshana also uses the dogs to support, stabilize and right her
> during vertigo episodes.
>
>
>
> Because of the Americans with Disabilities Act, Macy and Milo can go
> wherever Rappaport goes - including restaurants, hotels, taxicabs and
> theaters. Also because of the ADA, Rappaport doesn't have to prove she is
> disabled - a provision in the law designed to protect the privacy of people
> with disabilities and to prevent discrimination.
>
>
>
> In fact, all any dog owner needs to do to be eligible for access privileges
> guaranteed under the ADA is to say that the dog is a service dog. And that
> has led some dog owners who do not have disabilities and whose dogs are not
> service dogs to use the ADA as a loophole to take their pets everywhere they
> go.
>
>
>
> As more dogs are being trained to assist people whose disabilities are not
> readily apparent, such as deafness, post-traumatic stress disorder and
> diabetes, fake service dogs are seen more in public places, said John
> Ensminger, a New York attorney and author of the books "Service Dogs in
> America" and "Police and Military Dogs."
>
>
>
> "I think it's definitely increasing," said Ensminger, who said he is
> receiving more requests for interviews and more reports of fake dogs on his
> blog, The Dog Law Reporter. Among the most recent reports, show dogs being
> passed off as emotional support dogs, he said.
>
>
>
> The phenomenon can infuriate people with real disabilities who rely on their
> highly trained dogs to lead as normal and active a life as possible.
>
>
>
> "For everybody that needs a service dog, it's a slap in their face for
> somebody to go on-line and get a service dog vest so they can go into a
> store or a restaurant with their dog," said Joe Rainey, a Marine who was
> wounded in Vietnam.
>
>
>
> Rainey, of Greenacres, relies on his service dog, Tanker, who has had
> mobility and stability training to assist Rainey when he is unsteady or
> cannot get up. "I am a Marine and it's like someone pretending to be a
> Marine who was wounded while serving their country."
>
>
>
> The problem stems in part from the protections for the disabled set up under
> ADA. Businesses can ask only two questions when a dog enters their
> establishment: Is your dog a service dog? What tasks has the dog been
> trained to perform?
>
>
>
> Businesses cannot require special identification for the dog or ask about
> the person's disability. It does not matter whether the dog is wearing a
> service-dog vest or the owner's disability is visible.
>
>
>
> "A business person is very limited in what they can do when someone declares
> they have a service animal," said Geoff Luebkemann, vice president of the
> Florida Restaurant and Lodging Association. "The average restaurant owner or
> hotelier just isn't versed in this and they are concerned they will be the
> subject of an ADA lawsuit."
>
>
>
> Other laws supersede the ADA when it comes to air travel and housing, but
> the service-dog issue is posing special problems for airlines, especially
> those that no longer allow pets in the cargo hold.
>
>
>
> Many passengers falsely believe that the ADA covers air travel and are
> surprised to learn they must abide by the stricter rules of the Air Carrier
> Access Act if they want to fly with their dog. Unlike the ADA, the Air
> Carrier Access Act allows airlines to require passengers with emotional
> support and psychiatric service dogs to prove they are disabled and that
> their dog is trained to assist them.
>
>
>
> Many airlines require a letter on the letterhead of a licensed psychiatrist,
> psychologist or clinical social worker stating that the passenger has a
> medically recognized mental or emotional disability and is under the
> professional's care. The letter must be dated within one year of the flight
> and also include the state in which the professional is licensed.
>
>
>
> "People are going to be hard pressed to get psychologists and psychiatrists
> to sign letters," Ensminger said. "I think this is an area where we are
> going to see a lot of friction."
>
>
>
> Nevertheless, there are enough passengers trying to board with emotional
> support and psychiatric service dogs - which fly in the cabin for free -
> that agents at ticket counters have been provided written guidelines on the
> law and the U.S. Department of Transportation has opened up rule-making for
> changes in rules on allowing such dogs on planes.
>
>
>
> Ensminger owns a therapy dog, which is trained to go to schools, hospitals,
> nursing homes and other institutions to comfort and offer companionship.
> Therapy dogs are not protected by the ADA or the Air Carriers Act and
> although he knows he could pass her off as a service dog and fly with her to
> his winter home in Arizona, he does not. Instead, he drives the 2,600 miles.
>
>
>
> "To be honest, I've been tempted," Ensminger said. "But she is a therapy
> dog, not a service dog."
>
>
>
> When it comes to allowing service animals in condos and apartments with
> no-pet or weight-limit rules, the ADA is again trumped by another federal
> law - the Fair Housing Act.
>
>
>
> Unlike the ADA, which defines dogs and occasionally miniature horses as
> service animals, the FHA is broader and protects other species, such as cats
> and birds.
>
>
>
> Just as restaurants and airlines are seeing more unqualified service dogs,
> landlords and condo associations say tenants are seeking exceptions for
> their pets under the FHA.
>
>
>
> "The trend has gone up and down since this service dog issue first arose,"
> said West Palm Beach attorney John Sheppard, who specializes in condominium
> and homeowner association litigation. "When it initially came up, there was
> a fairly high standard the owner had to meet to keep the dog."
>
>
>
> Those standards loosened and "if they could show a doctor's prescription
> saying they needed a dog for some reason, that was enough to pass muster,"
> Sheppard said. The pendulum is swinging back and now condominium
> associations can ask specific questions about the disability and how the
> animal assists, Sheppard said.
>
>
>
> Still, he said, "There are people who come in and have a dog and they say,
> 'It's my sister's dog. I'm just watching it.' Then they come out and say
> they have a disability."
>
>
>
> Is there a solution?
>
>
>
> Corey Hudson, secretary of Assistance Dogs International, which has a
> well-known accreditation program that sets minimum standards for behavior
> and training, suggests some form of government-sanctioned certification for
> service dogs.
>
>
>
> "We all get drivers' licenses after somebody impartially figures out that
> you are capable of driving," Hudson said.
>
>
>
> Ensminger sees problems with that approach. Who will set those standards and
> how much will credentials cost? Professionally trained service dogs can cost
> more than $20,000. Each dog is individually trained to meet the specific
> needs of its owner's disabilities. Many people with disabilities are on
> limited budgets and train their dogs themselves.
>
>
>
> "What I'm afraid of is that if the government doesn't want to get in the
> business and turns it over to private entities, that will mean people will
> essentially have to pay a significant amount of money to some organization
> that will bless their service dog," Ensminger said. "I see that as a big
> problem."
>
>
>
> Rappaport, who herself trained Macy and Milo, has her own solution:
> confronting pet owners and businesses when she encounters misbehaving dogs
> wearing service dog vests.
>
>
>
> "These people should be grateful they don't have a disability," Rappaport
> said. "Do they think we want to be disabled so we can take our dogs
> anywhere? Don't they realize we would trade our service dogs to get rid of
> our disabilities?"
>
>
>
>
>
> ----------------------------------------------------------------------------
> ----
>
>
>
> Service dog laws
>
>
>
> Three federal laws grant service dogs special privileges:
>
>
>
> Americans with Disabilities Act: Gives service dogs access to public places,
> such as restaurants, stores and offices. Owner may not be questioned about
> disability but may be asked about the tasks the dog performs. Harnesses or
> leashes must be worn at all times unless it interferes with the dog's work.
>
>
>
> Air Carrier Act: Enables service dogs to fly in cabin of airplane.
> Passengers with emotional support or psychiatric service dogs may be asked
> to provide proof of disability and treatment from mental health
> professional.
>
>
>
> Fair Housing Act: Allows people with disabilities to keep emotional-support
> animals, even when landlord's or association's policy prohibits pets. Allows
> limited questioning about disability and animal support.
>
>
>
> Types of support animals
>
>
>
> Federal laws give access privileges to service dogs, including guide and
> hearing dogs. Therapy dogs and emotional support animals can be denied
> access to public places, airplanes and housing.
>
>
>
> Guide dogs: Highly disciplined and trained service dogs. Assist blind and
> visually impaired people by avoiding obstacles, stopping at curbs and steps,
> and negotiating traffic.
>
>
>
> Hearing dogs: Service dogs trained to alert the deaf and hard of hearing to
> common sounds, such as a doorbell, telephone, baby crying or smoke alarm.
>
>
>
> Service dogs: Provide assistance unrelated to vision or hearing
> disabilities. Individually trained to meet unique physical, medical or
> psychiatric needs of owner.
>
>
>
> Therapy dogs: Provide comfort and companionship to people in hospitals,
> nursing homes and other institutions. To encourage petting and avoid
> confusion with service dogs, often do not wear vests seen on service dogs.
>
>
>
> Emotional support animal: Domesticated animals - not necessarily dogs - that
> provide therapeutic companionship and affection. No training required beyond
> that of a pet.
>
>
>
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