[nagdu] Family Upset After Dog Removed From Eatery

Sat Aug 24 19:23:53 UTC 2013

OK, that makes sense. I really wasn't completely sure what tasks specifically were performed. Vets have been having a lot of trouble with this. I had read about this in books more than anything else and thought that this was pretty much what they do, but I really just needed to be clear about it.

CL

On Aug 24, 2013, at 2:19 PM, "National Association of Guide Dog Users" <blind411 at verizon.net> wrote:

> 	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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> 
> 
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