[nagdu] Fake service dogs provoke resentment, possible rule changes
Lyn Gwizdak
linda.gwizdak at cox.net
Fri Nov 30 20:57:35 UTC 2012
Hahahahahahaha! Yeah, I've gotten a variation of that one with, "How can I
get one of those dogs?" (meaning a guide dog and not the breed of dog) I
say, "We can poke your eyes out! Then you can go to a school and get your
very own guide dog!" I wish I could see the look on their face - you could
then hear the sounds of crickets with the overwhelming silence! Hahaha!
Lyn and Landon
"Education creates tolerance towards diversity."
----- Original Message -----
From: "Buddy Brannan" <buddy at brannan.name>
To: "NAGDU Mailing List,the National Association of Guide Dog Users"
<nagdu at nfbnet.org>
Sent: Friday, November 30, 2012 11:25 AM
Subject: Re: [nagdu] Fake service dogs provoke resentment,possible rule
changes
> Yeah Lyn, you wanna talk about snarky answers? To the "I wish I could
> bring my dog everywhere with me" people, I say, "Oh, well, that can be
> arranged, but I'm pretty sure you won't like the arrangement." Usually,
> people get it and shut up, but there was this one time (there's always
> this one time, isn't there?) Anyway, there was this one time when this guy
> didn't. He said his thing, I said my thing, then he said, "Oh, no, my
> dog's stupid, blah blah blah", and so I said, "Oh, no. See, we could poke
> your eyes out, and then you could have a dog just like this one." Needless
> to say, he didn't really like that answer, but he left me alone
> thereafter.
> --
> Buddy Brannan, KB5ELV - Erie, PA
> Phone: (814) 860-3194 or 888-75-BUDDY
>
>
>
> On Nov 30, 2012, at 1:50 PM, "Lyn Gwizdak" <linda.gwizdak at cox.net> wrote:
>
>> Hi folks,
>> These quotes from that article were interesting:
>>
>> "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?"
>>
>>
>> I can see where you could read thesse as people being down on having a
>> disability but I think I know what they mean. Obviously, those of us
>> born with a disability see it as a part of ourselves - a charactoristic -
>> that we accept as part of ourselves. I think the writer of these quotes
>> was meaning that we wouldn't exactly go out of our way to create a
>> disability just so we could bring a service dog around with us.
>>
>> Let's face it - we live in a world that is made for the majority of
>> people who have no disability. We have to learn how to make a good life
>> work for us in that able-bodied world. Things like getting around,
>> driving, reading print, signs, etc. Having a disablilty is a royal pain
>> inn the butt but we do learn to embrace it just like we accept anything
>> else about ourselves. It is, after all, all we know. Those who lived a
>> good portion of their lives without a disability and then aquire one,
>> well, many have a different view of having a disability and people's
>> reaction to that disability. They feel a sense of loss of their old life
>> and must learn how to deal with a new life where we have to deal with
>> others and their incessant questions about our dogs, our disabilities and
>> invasions of our privacy. Hey, looking on the sunny side, at least we
>> aren't being asked about oour genitals like transsexual people have to
>> put up with! LOL! They and we need to be aware of our personal
>> boundaries and tell people that they are crossing that line and just say,
>> "None of your business." But that can be said pleasantly.
>>
>> People are curious animals and it is annoying to have strangers go up to
>> us at inopportune moments to ask us about our blindness or about ouor
>> dogs. It really amazes me that people feel that they can take the
>> liberty in asking us stuff they would never ask some other stranger.
>> I've even heard that pregnant women even experience this when a stranger
>> puts their hand on the belly.
>>
>> I think it is good if we can turn many of these times into a teaching
>> moment and I do that but I can also be annoyed when the person chooses to
>> say or ask stuff when it is obvious that it isn't the time or place for
>> it - like if I'm in the middle of a conversation or doing a transaction
>> at the bank or store.
>>
>> To the idiots who think we "fake" blindness, I have just one very snarky
>> answer for them. In a nice voice with a smile, I'll say, "Oh yes, you're
>> right. I'm actually faking blindness... (without a smile) just so I can
>> meet an AH like you!!!" Only I say the AH out clearly. Then I walk
>> away. I have patience to teach folks who are respectful and want to
>> learn. This helps us in the long run. But, I don't suffer idiots very
>> well. That is the people who don't really want to learn. After dealing
>> with these latter folks for 61 years, well, you get to know the
>> difference. And I respond accordingly. LOL!
>>
>> Lyn and Landon
>> "Education creates tolerance towards diversity."
>> ----- Original Message ----- From: "Cindy Ray" <cindyray at gmail.com>
>> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
>> <nagdu at nfbnet.org>
>> Sent: Thursday, November 29, 2012 7:19 AM
>> Subject: Re: [nagdu] Fake service dogs provoke resentment,possible rule
>> changes
>>
>>
>>> Julie, I am prety much in agreement with Tracy here. Don't you suffer
>>> some indignities from time to time? Aren't there incredible
>>> inconveniences that you would give anything to have if it were a perfect
>>> world. Transportation, for instance, is an ongoing struggle for blind
>>> guys. As Rebecca said, I'd like the perk of having it readily at my
>>> fingertips, so to speak. No, I don't long to get sight that I've never
>>> had because, realistically, that would have trama just as losing your
>>> sight would, but there are things, like transportation, that I covet.
>>> And I grow weary of the invasion of my privacy, too. What kind of dog?
>>> How long have you had him? What's his name? What kind is he? Those are
>>> innocent questions that are leveled at me, interrupting conversations
>>> that I am having with others about religion, politics, friends, family,
>>> the weather, books. And then, beyond that, the other day at the airport,
>>> a woman asked me the reason for my blindness. Was it illness or what?
>>> Really now, when you don't even know us, do you ask that kind of
>>> questions? It's OK to do that if the person has a disability, though
>>> manners would prevail if the person you encountered was "normal" and had
>>> no disability. So, though my blindness is mostly not an issue, I would
>>> trade it in for some kind of privacy. And the woman was just saying,
>>> "Why would I fake a disability just so my dog could be with me." Anyhow,
>>> nuf of me. *smile*
>>>
>>>
>>> CL
>>>
>>> On Nov 29, 2012, at 9:06 AM, Pickrell, Rebecca M (TASC) wrote:
>>>
>>>> I agree with Tracy.
>>>> I don't really want to be able to see, but I'd sure like the
>>>> convienence of being able to see.
>>>> I broke a Christmas dcoration yesterday and it was a pain in the butt
>>>> figuring out first if it was broken (it sounded like it might be but I
>>>> wasn't sure) and then cleaning it up.
>>>> Reading print would be nice not because its print but because that's
>>>> what most of the world uses, and they use it in real time, the ticker
>>>> on the tv, sports scores at a game, signs that get updated quickly,
>>>> that sort of thing.
>>>> So yes, I do get what the woman in the article is saying.
>>>>
>>>> -----Original Message-----
>>>> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tracy
>>>> Carcione
>>>> Sent: Thursday, November 29, 2012 9:59 AM
>>>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>>>> Subject: Re: [nagdu] Fake service dogs provoke resentment, possible
>>>> rule changes
>>>>
>>>> Julie M, I understand what you're saying. But I think I understand
>>>> what
>>>> the person quoted was saying, too. A friend of mine with low vision
>>>> tells
>>>> me that people often act as if he's just pretending to be blind, as if
>>>> there were so many privileges given to blind guys or something.
>>>> I'm OK with being blind, but it can be very annoying. I'm not bringing
>>>> my
>>>> Benny with me because he's a wonderful companion, which he is. But I'm
>>>> bringing him to help me get where I'm going more quickly and easily,
>>>> and
>>>> to keep me from getting run over by some idiot who's not paying
>>>> attention.
>>>> And, well, I think I would give up having a guide dog, if it meant I
>>>> could
>>>> drive and read print as easily as sighted people can.
>>>> Tracy
>>>>
>>>>
>>>>> It is a very good article, except...
>>>>>
>>>>> "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?"
>>>>>
>>>>> I don't blame this woman for her opinion, but she does not speak for
>>>>> the entire disability community. Using that quote like that just
>>>>> erked me because it was right at the end of the article--the final
>>>>> stamp, if you will. I don't want the world thinking I would trade in
>>>>> my dog to be able to see. I'm comfortable being a person with a
>>>>> disability and would not trade in my guide for something I've never
>>>>> had in the first place.
>>>>>
>>>>> Please, please don't think I'm judging her or hating... That was just
>>>>> my reaction to the use of that quote and the generalization.
>>>>>
>>>>> On 11/28/12, Tami Jarvis <tami at poodlemutt.com> wrote:
>>>>>> Lyn,
>>>>>>
>>>>>> Thanks for saying that so very well!
>>>>>>
>>>>>> I'll be honest. The nitpicky, legalistic, etc., etc., part of me is
>>>>>> offended as all get out by people taking their perfect pets where my
>>>>>> perfect (except for when she's not!) guide dog can go by law.
>>>>>> However,
>>>>>> realistically, where is the actual problem?
>>>>>>
>>>>>> Then I look at all the offered solutions to the actual non-problem,
>>>>>> and
>>>>>> my hair stands on end. Each and every one of them will cause me, and
>>>>>> not
>>>>>> only me, a problem. If not lots of problems! Thank you, but no! /lol/
>>>>>>
>>>>>> Oh, I haven't heard the latest on the sitch over in Portland where I
>>>>>> don't live anymore. But apparently, the solution to problems with
>>>>>> dogs
>>>>>> on the transit system who don't belong there is to check licenses and
>>>>>> vaccination records. Hm... They have, apparently, caught some
>>>>>> unlicensed/unvaccinated dogs, so yay them! The county gets more fees!
>>>>>> Yay! I'm still scratching my head wondering what effect either has on
>>>>>> ensuring a licensed, vaccinated pet doesn't chomp my poodle guide
>>>>>> next
>>>>>> time I"m over there riding a bus or train. Or that it doesn't just
>>>>>> harass my guide so we have to get off where we don't want to be while
>>>>>> she is so over-harassed she can't work for the next half hour. Or...
>>>>>> I'm
>>>>>> just saying. The transit company is certainly being *seen* to be
>>>>>> doing
>>>>>> something, and they are very impressed with themselves, or so it also
>>>>>> seems. I'm just not seeing the usefulness there.
>>>>>>
>>>>>> Then again, what do I know? I'm blind! /snide smirk/
>>>>>>
>>>>>> Well, I'm still feeling kinda snotty about the entire issue, since
>>>>>> within the last year, I did have to take my dog out because of her
>>>>>> reaction to a dog of some sort in a restaurant that appeared to be
>>>>>> not
>>>>>> in control... Only, once I got out and could take a deep breath, I
>>>>>> realized that my guide dog had settled down and ceased misbehavior...
>>>>>> The actual team member I had to remove for incipient aggression was,
>>>>>> you
>>>>>> know, me. /lol/ I was about to do someone, anyone, in however I
>>>>>> could.
>>>>>> It was that aggravating! Still, I would rather that someone who
>>>>>> brings
>>>>>> some small, floppy thing into a restaurant would notice that there
>>>>>> was
>>>>>> something doggish going on before she/he plops down nearby to chat
>>>>>> with
>>>>>> someone 3 feet from another dog while her party goes on to their
>>>>>> actual
>>>>>> table... And without noting that the dog has 4 feet of leash and is
>>>>>> still flopping and flouncing adorably... Next to a much larger dog
>>>>>> that
>>>>>> has stuck its nose out from under a table and snarked at it!
>>>>>>
>>>>>> Honestly! My dog should not have shot to her feet, stuck her nose out
>>>>>> and snarked decisively. But... If you had a 15 to 20 pound dog and a
>>>>>> 55
>>>>>> pound dog made noises at it, would you just, I dunno, plop down and
>>>>>> chat
>>>>>> without noticing anything was going on? I mean, it's like there was
>>>>>> an
>>>>>> Irish Wolfhound (want one!) or St. Bernard or something of uncertain
>>>>>> temperament 3 feet from one of our guide dogs... Would you just,
>>>>>> like,
>>>>>> not even wonder if maybe you should move on a bit to be further away?
>>>>>>
>>>>>> Okay. So it was 2 or 3 months ago, and I am clearly just not over it.
>>>>>> /lol/ I guess it's safe to say that I am no longer worried about the
>>>>>> legal status of any given dog but whether or not they come
>>>>>> accompanied
>>>>>> by a human that is stupid enough to not notice that their dog is not
>>>>>> following proper etiquette which causes another dog to not follow
>>>>>> proper
>>>>>> etiquette, however briefly, which sends that dog's handler into a
>>>>>> tizzy
>>>>>> so she has to leave the place to keep from biting anyone. Of course,
>>>>>> there was the spousal unit there, in the same state of
>>>>>> exhaustion/stress/exhaustion/stress as his female companions... He
>>>>>> was
>>>>>> the first one to be bitten by me! /lol/ Don't worry. He bites back,
>>>>>> then
>>>>>> we were over it. The guide dog was happy to jump in the truck, get
>>>>>> home
>>>>>> and collapse somewhere on her own away from her badly behaved,
>>>>>> ill-tempered humans. /lol/
>>>>>>
>>>>>> Tami
>>>>>>
>>>>>> On 11/28/2012 04:31 PM, Lyn Gwizdak wrote:
>>>>>>> Tami,
>>>>>>> I feel the same way - I don't care what the dog is there for as long
>>>>>>> as
>>>>>>> it is behaving properly and not causing negative feedback to come
>>>>>>> back
>>>>>>> on me. If the "fakes" keep on the low-down with their well behaved
>>>>>>> "fake" service dogs, who would be the wiser? I don't care if a well
>>>>>>> trained and behaved pet is in a store, on the bus, in a restaurant -
>>>>>>> just so long as it isn't creating a rukus or attacking my dog.
>>>>>>>
>>>>>>> So yeah, it's the behavior that irks people not the fact a person
>>>>>>> has a
>>>>>>> card or a vest that says "service dog". I really don't think the
>>>>>>> public
>>>>>>> gives a rat's behind about if a person has a disability or not and
>>>>>>> has
>>>>>>> a
>>>>>>> well behaved dog on the premesis.
>>>>>>>
>>>>>>> Just my two cents worth.
>>>>>>>
>>>>>>> Lyn and Landon
>>>>>>> "Education creates tolerance towards diversity."
>>>>>>> ----- Original Message ----- From: "Tami Jarvis"
>>>>>>> <tami at poodlemutt.com>
>>>>>>> To: "NAGDU Mailing List,the National Association of Guide Dog Users"
>>>>>>> <nagdu at nfbnet.org>
>>>>>>> Sent: Sunday, November 25, 2012 4:56 PM
>>>>>>> Subject: Re: [nagdu] Fake service dogs provoke resentment,possible
>>>>>>> rule
>>>>>>> changes
>>>>>>>
>>>>>>>
>>>>>>>> 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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>>>>>>>>>>
>>>>>>>>>> -----
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>>>>>>>>>> Version: 2012.0.2221 / Virus Database: 2629/5418 - Release Date:
>>>>>>>>>> 11/25/12
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>
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>>>>>
>>>>>
>>>>> --
>>>>> Julie McG
>>>>> Lindbergh High School class of 2009, National Federation of the Blind
>>>>> of Missouri recording secretary,
>>>>> Missouri Association of Guide dog Users President,
>>>>> and proud graduate of Guiding Eyes for the Blind
>>>>>
>>>>> "For God so loved the world that he gave his only Son, so that
>>>>> everyone who believes in him may not perish but may have eternal
>>>>> life."
>>>>> John 3:16
>>>>>
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