[nagdu] Family Upset After Dog Removed From Eatery

Sat Aug 24 19:19:25 UTC 2013

	Some of the tasks service dogs that assist with PTSD are trained to
perform include intentionally making physical contact with the person,
alerting a person to the presence of someone else the individual may not be
aware of, and standing between a person, object, or sound that triggers the
stress response. As mentioned, these are actual tasks the dog has been
trained to perform that mitigates the disability.

	On the other hand, it is rather rare that a person with depression
or an anxiety disorder would be considered disabled under the definition of
the ADA. Only disabled individuals are protected by the provisions of the
Act; therefore, the prime factor necessary for such protections is missing,
invalidating any other claim for protection. Should a person bring a claim
of disdcrimination under the ADA, the first element that would need to be
proven is that the individual is a person with a disability. If this cannot
be proven, the individual is not protected by the provisions of the Act.

Fraternally yours,
Marion

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Michael Hingson
Sent: Saturday, August 24, 2013 2:11 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Family Upset After Dog Removed From Eatery

The difference is that Vet Dogs are specially trained to perform a service
and "emotional support dogs" are not. 

Best,

Michael Hingson

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray
Sent: Saturday, August 24, 2013 10:50 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Family Upset After Dog Removed From Eatery

How are emotional support dogs different from dogs who help vets with post
traumatic stress syndrome? Is it because the dog can help such a person
refocus if they get into an episode. I am sure I am using all wrong
terminology here.

CL

On Aug 24, 2013, at 8:35 AM, "Ginger Kutsch" <GingerKutsch at yahoo.com> wrote:

> Family Upset After Dog Removed From Eatery
> 
> by Jeff Rusack,
> 
> August 23, 2013 8:13 PM
> 
> Source:
> http://www.kdlt.com/index.php?option=com_content&task=view&id=29327&It
> emid=5
> 7
> 
> 
> 
> One Sioux Falls' family is crying foul after they say they were 
> discriminated against for having an emotional support dog at a fast 
> food restaurant, Thursday.
> 
> 
> 
> Mocha may have brown fur but she seems to be in a grey area. 
> 
> 
> 
> Thursday afternoon when Alan Steele and his mother Edwina decided to 
> dine in at a Sioux Falls Taco Bell, they were told to do something 
> that surprised them.
> 
> 
> 
> "We were asked if we were going to eat in. I said, 'yes, we are.' And 
> he goes, 'I'm sorry. I can't allow you to do that,'" said Alan Steele.
> 
> 
> 
> The Americans with Disabilities Act allows any service animal into 
> just about any business.
> 
> 
> 
> "On the back it says that she is a part of the American Disabled Act 
> of 1990," pointed out Steele.
> 
> 
> 
> Mocha is titled as an emotional support dog. Mocha's owner, Edwina 
> Steele suffers from depression and anxiety and can't take 
> prescriptions due to a heart condition, as they tried to explain to 
> the
Taco Bell staff.
> 
> 
> 
> "She is a service animal, emotional support. And he goes, 'that 
> doesn't matter,'" added Steele.
> 
> 
> 
> "Just because a dog has a vest on doesn't mean the dog is protected," 
> said Steve Slavik, the CEO of Big Paws Canine, a company that trains 
> dogs for Veterans dealing with post-traumatic stress disorder.
> 
> 
> 
> "What a service dog is and how it is defined, is a dog that is trained 
> to perform work or perform a task for an individual with a 
> disability," quoted Slavik from the American with Disabilities Act.
> 
> 
> 
> And the Steele's may be out of luck when trying to bring Mocha with 
> them
to
> businesses with pet policies.    
> 
> 
> 
> "Dogs that wouldn't be protected are emotional support dogs and 
> companion dogs. They are still considered pets and they are not 
> defined in the protection of the ADA," added Slavik.
> 
> 
> 
> But, asking someone about their dog, when it comes to determining if 
> they are indeed a service animal, can be tricky.
> 
> 
> 
> Businesses are only allowed to ask two questions when it comes to 
> service dogs.
> 
> 
> 
> Is the service animal required? And what work has the dog been trained 
> to perform?
> 
> 
> 
> Businesses cannot ask what the owners disability is or for the owner 
> to provide documentation.
> 
> 
> 
> "If the dog is barking or being destructive to merchandise or going to 
> the restroom on the floor, those types of things, even if it's a 
> full-fledged
> 1,000 of hours training service dog, a service dog can be denied access,"
> added Slavik.
> 
> 
> 
> The Steeles say there was no indication of any misbehavior at the Taco 
> Bell, Thursday and they still hope for an apology from the restaurant.
> 
> 
> 
> "I would like for people to ask and understand before they criticize 
> or discriminate against her," added Steele.
> 
> 
> 
> There's no doubt Mocha is a lovable pup. But, service dog experts say 
> an emotional support dog has no protection when it comes to the 
> Americans with Disabilities Act.
> 
> 
> 
> 
> 
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