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

Mon Nov 26 00:49:55 UTC 2012

Thanks. I finally did that and saw the same things. There is hope after 
all! /smile/

Tami

On 11/25/2012 04:14 PM, Julie J. wrote:
> 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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>>
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>
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