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

[Julie J.]

Tami,

Definitely read the article.  It's good, accurate, addresses the big 
issues, mentions owner training as a viable option and explains the laws 
correctly.  I was very pleasantly surprised.

Julie

On 11/25/2012 5:41 PM, Tami Jarvis wrote:
> 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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