[nagdu] Service animal confusion causes conflicts

[Nicole Torcolini]

This is a good article. However, there are a few things that bother me about
it. I do not like the fact that they suggest that people should use
equipment , vests, or cards to identify their service dogs. As we have said
over and over again on this list, this is not legal. Also, they messed up a
tiny bit by not using the correct terminology for guide dogs. As a side note
that is not really affected by the article, I wish that "out of control" and
"not house broken" were a little better defined. Yes, there are those dogs
who are one or both of these, but there are also those dogs who have the
occasional accident or might go crazy from something that bothers them that
they cannot control, and, if someone in the business did not want to
understand, they could try to not let that person back. I mean, those
exceptions are a good thing, but I just think that they should be better
defined so that it is harder to misuse them.

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Ginger Kutsch
Sent: Wednesday, July 10, 2013 6:19 AM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: [nagdu] Service animal confusion causes conflicts

Service animal confusion causes conflicts

Posted: Tuesday, July 9, 2013 10:00 am

By CAMERON RASMUSSON Staff writer | 

http://www.bonnercountydailybee.com/news/local/article_ad462bde-e858-11e2-aa
c8-001a4bcf887a.html

SANDPOINT, IDAHO - Confusion over the privileges of service animals is
causing conflicts between business owners and people with disabilities.

 

According to a pair of individuals who rely on service dogs for medical
issues, they ran into trouble recently when attempting to enter businesses
along with their animals. While the individuals did not wish to be
identified, Sandpoint Police Chief Corey Coon said the department interceded
in one case to resolve the situation.

 

"We did have one complaint that came in, but it didn't take long to sort it
out," he said.

 

The conflicts usually arise from a lack of clarity regarding the special
rights of service animals compared to family pets, Coon said. While business
owners have full authority to keep pets out of their establishments, the
rules are much different regarding service animals.

 

In this case, the guiding rules fall under the Americans with Disabilities
Act. The federal law overrides state laws or local ordinances. Service
animals are the exception to the rule even in cases of health codes
prohibiting animals from restaurants, according to the U.S. Department of
Justice.

 

"They're basically allowed to go anywhere the owner goes," Coon said.

 

Under the ADA, service animals are allowed anywhere that serves the public
generally. That includes state and local government buildings, businesses,
schools and nonprofit organizations. A service animal must be trained to
address a specific need, but requesting proof of certification or the
owner's disability is not allowed per ADA regulations. However, it's a smart
idea for the owner to display the animal's credentials or dress it in a
special vest and collar to avoid confusion.

 

Business owners are allowed certain conditions to clarify the circumstances
or avoid a bad situation, according to the U.S. Department of Justice. Staff
members may ask two specific questions: is the animal required because of
disability, and what work has it been trained to perform? They can also
request the service animal be removed from the premises if it is out of
control or if it isn't housebroken.

 

However, those are the only two scenarios when a service animal can be
justifiably removed. Even situations regarding allergies or a fear of dogs
don't apply - in those cases, staff members or administrators should try to
keep the conflicting individuals in separate locations.

 

Another popular misconception is that special privileges apply only to
seeing eye dogs. In fact, ADA regulations apply to all service animals,
including those who alert the deaf, pull a wheelchair or assist with
seizures, PTSD or mental illness.

 

Under Idaho law, interfering with service animals is a misdemeanor offense.
However, when conflicts arise, Coon recommends alerting the authorities to
resolve the situation without incident.

 

"If there's ever any question, they can always give us a call," he said.

 

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