[nagdu] Fake service dog gear creates problems for Americans withdisabilities

Fri Aug 9 17:31:25 UTC 2013

Tami et al,
	Perhaps one thing we can do is strike a little paranoia in the minds
of the fraudsters! Many of them are likely ignorant of the service animal
laws to begin with, so asking them, "Do you know what will happen to you
when you get caught committing this fraud?" Even though the answer is
"Nothing!" do they know that? Probably not! Remember the lines from "For
What It's Worth".

Paranoia strikes deep!
Into your life it will creep!
It starts when you're barely alive!
Step out of line and the man will come and take you away!

Fraternally yours,
Marion Gwizdala

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tami Jarvis
Sent: Friday, August 09, 2013 11:56 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Fake service dog gear creates problems for Americans
withdisabilities

Julie,

Thank you! Couldn't have said it better myself. Hold the frauds responsible
and penalize them for breaking the law. What a novel idea!

I noted the article mentioned that there is no penalty for such fraud in
Florida, and that seems largely true elsewhere. That seems worthy of
hangwringing and moaning and, well, maybe even something to activate about.
It's also danged inconvenient in the public education process... 
"You're committing fraud, you know!" I might say. It would be nice to add,
"And do you know what will happen if you get caught?" Since the answer to
that last one is, well, zilch, I am denied a very nice gotcha, and that is
no fun for me. Also, it is kinda depressing because I know that I am going
to have to keep hearing about how the problem is everything but the frauds
themselves and trying to educate people about the law which can be broken
with impunity. Sigh.

I'll admit, I get pretty grumpy these days when I do an internet search
involving the phrase "service dog" because I get a zillion links to
companies peddling service dog gear and id and all that specifically for
pets. Grrr! But in the end, it's the people who buy the gear and use it to
commit fraud who are at fault for committing fraud. They seem to be the only
ones popular opinion does not hold at fault, though.

I'm with you on the behavior issue. If the dog is not a problem, then I
can't bring myself to be upset about its presence or worry about whether
it's a real service dog or whatever. If the person with the dog announces
cheerfully that it isn't, loud enough for everyone to hear, I just mention
the "F" word -- the 5-letter one with legal implications -- and that the
business has the legal right to refuse the dog now that everyone knows the
truth. A lot of the time, someone responsible in the business is standing
right there, so I can figure they know now. I might even make a point of
telling them directly that they can have the dog removed. Nothing happens as
a result of this, but it is the business's decision whether to allow the dog
to remain there. So I can't get uptight, since if I'm talking to the person
it's because their dog is not a problem for my dog, so not a problem for me.
Whaddaya do?

Tami

On 08/09/2013 07:45 AM, Julie J. wrote:
> You know, it's not the gear that's fake and it's not the dogs that are 
> fake. It's the people who are faking a disability.  Why is the focus 
> in these stories always on the dogs and the gear?  The dog isn't the 
> problem, the people are.  The dog's don't decide to put on a vest, go 
> in the grocery and act a mess.  It's the people taking the dog that 
> need to be held responsible.
>
> And if the dog is well behaved why is it a problem?  Perhaps the 
> person has a disability that isn't readily apparent.  If the dog is 
> behaved, it isn't any of my business what type of service the dog 
> provides.  Sure there are going to be a few, a very small few, people 
> who don't have disabilities who take the time to train their dogs 
> appropriately to be in public.  Mostly though, it's obvious that the dog
isn't trained.
> That's what needs to be used as an indicator for removal.  Honestly it 
> doesn't matter to me if the person has a dog from a program, owner 
> trained or a well behaved pet, if it's not creating a bother to me, 
> then it's simply not a problem.  To me the problem is the ill behaved 
> dogs no matter where they came from.  People need to be responsible 
> for the behavior of their dogs in public.
>
> Perhaps if there were legal penalties for your dog disturbing the 
> peace in public, people would think twice about parading their ill 
> behaved pets in public. The owners would be held responsible for their 
> actions and that is how I see the situation being resolved without 
> infringing on the rights of people with disabilities.
>
> Anyway that's how I see the issue,
> Julie
>
>
>
> -----Original Message----- From: Ginger Kutsch
> Sent: Friday, August 09, 2013 8:52 AM
> To: NAGDU Mailing List,the National Association of Guide Dog Users ; 
> New Jersey Association of Guide Dog Users
> Subject: [nagdu] Fake service dog gear creates problems for Americans 
> withdisabilities
>
> Fake service dog gear creates problems for Americans with disabilities
>
> August 7, 2013
>
> By Kate Santich, Orlando Sentinel
>
> http://articles.orlandosentinel.com/2013-08-07/features/os-fake-servic
> e-dogs
>
> -20130807_1_service-dog-dog-walk-service-animal
>
>
>
> Public confusion, legal loopholes and shady Internet businesses have 
> led to an "epidemic" of fake service-dog certificates, vests and 
> harnesses for use on ordinary pets. And advocates for the disabled say 
> the issue is creating big headaches for those who truly need the canines'
assistance.
>
>
>
> The problem has gotten so bad that Canine Companions for Independence 
> - the nation's largest breeding and training service-dog program - 
> launched an online petition this week asking the U.S. Department of 
> Justice to take action.
>
>
>
>
>
> "Unfortunately, people are trading on the fact these harnesses and 
> vests have become distinguishing marks of service dogs, so now you 
> find unscrupulous businesses who sell these things to people who want 
> to take their dogs into the store or restaurant or in the passenger 
> cabin of the plane," said Paul Mundell, national director of canine
programs for CCI.
> "It
> happens all the time."
>
>
>
> On a recent flight to Orlando, where CCI has its regional 
> headquarters, Mundell said he watched a man with a toy breed of dog 
> walk off their flight to the baggage area, remove the dog's "service 
> animal" vest and leave the airport. "It was quite clear that he was 
> simply using the vest to get cabin privileges," Mundell said.
>
>
>
> Under the federal Americans with Disabilities Act, state and local 
> governments, businesses and nonprofit organizations that serve the 
> public generally must allow service animals to accompany those with 
> disabilities in all areas of the facility where the public is normally 
> allowed to go. And inquiries are limited. When it's not obvious what 
> service an animal provides, workers may only ask if the service animal 
> is required because of a disability and what tasks the dog has been 
> trained to perform.
>
>
>
> Legally, they can't ask for documentation. And some say that fact is 
> being exploited.
>
>
>
> "There's no penalty for people in Florida who fraudulently claim their 
> dog is a service animal," said Paul Edwards of Miami, president of the 
> Florida Council of the Blind. "There are some of us who feel it isn't 
> unreasonable to ask folks to carry identification for dogs that shows 
> them to be a trained service animal - and most legitimate service-dog 
> organizations do issue those. The danger is that you may throw the 
> baby out with the bathwater."
>
>
>
> Some advocates, for instance, are concerned that doing so may put an 
> unreasonable burden on those with disabilities to "prove" their dog is 
> legitimate. But others say that, because of the fraud, humans are 
> already facing more hassles.
>
>
>
> "It has become an epidemic," said Kris Baker, 63, who lives in Orlando.
> "And
> what we're getting is the aftermath. Somebody will take Fluffy with 
> them into a restaurant, and the dog will bark or snap at someone or 
> poop on the floor. So when we come in with a legitimate dog, we get 
> the questions and the resentment. It's harder for us."
>
>
>
> Baker, who had polio as a child and has used a wheelchair for 30 
> years, needs her CCI dog to help pull her along when she gets 
> fatigued. The dog also opens and shuts doors, retrieves the phone, 
> picks up objects she drops and helps open the refrigerator and 
> cabinets. So when people ask her in ignorance, "Hey, where can I get 
> one of those vests for my dog?" she educates them.
>
>
>
>
>
> "This is not something that is for pets," she said. "This is an 
> indication of training that my dog and I have been through. These dogs 
> are the brain surgeons of the canine world."
>
>
>
> Luke McGregor, a 48-year-old Delray Beach resident, also has to do his 
> share of educating. On a flight home from New York this week, McGregor 
> witnessed a woman who claimed to have an "emotional-support dog" that 
> whined and scratched at its cage throughout the trip - behavior 
> considered unacceptable in a legitimately trained service dog.
>
>
>
> Though he could do little more than roll his eyes at the scene, McGregor,
> who uses a wheelchair and CCI dog, knows he'll be left to deal with the
> fallout.
>
>
>
> "I'm already stopped in restaurants and grocery stores sometimes by
workers
> who say [wrongly], 'You can't bring that dog in here,'" McGregor said.
> "There will be a time when the public is going to reach critical mass
> regarding all of the alleged service dogs out there, and we will suffer
for
> it."
>
>
>
> Already, in 2011, the Department of Justice issued revisions to its ADA
> regulations singling out dogs as the only legally protected assistance
> animals. Before that, some people were claiming monkeys, snakes and other
> creatures were helping them cope with disabilities. The department also
> clarified the definition of a service dog as one that is "individually
> trained to do work or perform tasks for a person with a disability."
>
>
>
> But while some states have laws against residents pretending to have a
> legally protected disability in order to gain access for their dog, most
do
> not. And there is no law against the sale of merchandise emblazoned with
> phony "service dog" logos.
>
>
>
> A search of eBay under "service dog patches," for instance, reveals more
> than 22,000 sellers.
>
>
>
> While some can certainly be used for legitimate purposes, advocates for
the
> disabled say many are not.
>
>
>
> CCI.org is seeking to get 10,000 signers in the next week to say the
> problem
> needs to be stopped.
>
>
>
> "That's the exact purpose of our petition," said Martha Johnson, a CCI
> spokeswoman for the Southeast region. "We want to go to the Department of
> Justice and say: 'Look at how many people agree this is a problem, and
> something needs to be done.'"
>
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