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

Mon Nov 26 00:56:42 UTC 2012

Jenine,

Thanks for adding that. I always try to emphasize that in my own 
attempts at educating, because it really is key. I honestly don't care 
if it's a real service dog or not, so long as it behaves in public as we 
all expect our dogs to behave. Conversely, if our real service dogs 
decide to misbehave, and for some reason we can't get things under 
control, it is our responsibility to take our low down scurvy curs out 
the nearest door as quickly as possible. Or be thrown out on our ears.

That's actually the gist of my current spiel, since it seems to get the 
point across more effectively than more delicate approaches I've tried, 
especially if I'm speaking to a business owner or someone on "the other 
side" of the service dog equation. "Oh. That makes sense," is a good 
response in my book. /smile/

Ah, well. The debate will go on and it will be good for us. As an 
owner-trainer, I just get extra snarky sometimes because of how 
requiring me to pay a bunch o' money to get a nice piece of laminated 
paper will solve the problem of frauds... I can pass that off about 9 
times running, then just go nuts at repeat #10. On the local list scene, 
I'm kinda at #10 plus before I have a chance to get the nuts out of my 
system, so... Probably someone should check to ensure I'm safe to be out 
in public or something in case of bad behavior. /lol/

Tami

On 11/25/2012 04:42 PM, Jenine Stanley wrote:
> Julie is correct. The only thing this article did leave out was the
> requirement for any service animal to be under control of the handler at all
> times. This means any service animal regardless of its training origins.
> It's the controlled behavior that earns us the right to have our animals
> working with us in public, not the mere presence of the animal or presence
> of task training for such an animal. That's a point that is often
> overlooked.
>
> Jenine Stanley
> jeninems at wowway.com
> http://www.twitter.com/jeninems
>
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie J.
> Sent: Sunday, November 25, 2012 7:14 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Fake service dogs provoke resentment, possible rule
> changes
>
> 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-p
>>> rovoke-
>>>
>>> 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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