[nagdu] How to Take Your Pet Everywhere

[Nicole Torcolini]

I think that both articles have their merit. For some people, it gets the
point across better by doing some kind of demonstration, no matter how
ridiculous it might be. The author of the former article may have been
breaking the law, but she was doing it to make a point, and she knew where
to draw the line and did not actually let anything happen.

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy Brannan via
nagdu
Sent: Tuesday, October 14, 2014 7:47 PM
To: Aleeha Dudley; NAGDU Mailing List,the National Association of Guide Dog
Users
Subject: Re: [nagdu] How to Take Your Pet Everywhere
 But, yes, perhaps she could have also included some more strictly
informational parts.

Nicole
Aleeha, I tell you what, you’re a better woman than I
well
umm, OK, so I’m
not a woman, and by default, you’re a better woman than I. Skip it. I
couldn’t get through the article when i saw it yesterday. In fact, I didn’t
get very far past the emotional support turtle. As someone on another list
rightly said, this “journalist”, by her “undercover investigation” is doing
as much harm as potential good (and I question the potential good myself).
Yes, education is key here, but this isn’t the way to do it. Especially
because so much of what I could suffer through was just wrong. Also as
someone else said, what’s journalism come to, even if this isn’t really
journalism and the New Yorker isn’t exactly that sort of magazine? 

Just to balance things out, this article got things exactly right, and i
felt a lot better about it. Unfortunately, because of this, it probably
won’t get nearly the play that that other thing will get:

http://www.anythingpawsable.com/things-service-dogs-public/

Posted below is the text, without permission. I think you’ll like reading
this much more.

Things Service Dogs in Public Should and Should Not Do

By Kea Grace - November 1, 2013 9:00 AM - When it comes to Service Dogs or
Service Dogs in Training with public access, there are definite things
Service Dogs in public should and should not do. Learn more about how
well-trained Service Dogs should appear and what U.S. Service Dog lawsays
about dogs who don’t quite possess the skills necessary to safely work in
public.

You’re sitting in a cafe, enjoying a nice cup of coffee with your
well-trained, well-mannered canine partner when someone waltzes in with a
dog in tow. The dog is lunging at everyone who walks past, jumps up on the
counter, gulps down a bagel and then whirls around to start barking at
people when they walk in. The manager rushes forward and politely states,
“We’re sorry, ma’am, but we’re going to have to ask you to take your dog
outside. We don’t allow pets.”
Breezily, the woman waves him off and announces, “He’s my Service Dog. He
gets to go with me anywhere I go.” The manager casts an appraising eye over
the natural disaster of the dog who is now walking around and around his
legs, tangling him in its leash, before hesitantly inquiring, “Do you have
any papers?” He knows the law doesn’t require ID for Service Dogs, but
surely, for THIS dog, she’s required to carry SOMETHING, right?

The woman scoffs at the idea while reaching down to rub her dog’s head. “I
don’t need any papers. Federal law doesn’t require me to carry any. He’s a
Service Dog; that’s all you need to know.”

The manager mumbles an apology and walks away. From the safety of the
counter, he eyeballs the dog and owner as the woman allows him to run up to
anyone, jump on their lap and even kiss them or sniff their food. Just
before leaving, the dog squats on the floor and urinates. The dog’s handler
walks away from the mess and he sends a staff member to quickly clean it up.
He considers calling the police, but is afraid of getting in trouble for
breaking ADA regulations and federal law. Finally, though, the woman leaves
with her unruly dog in tow and he breathes a sigh of relief. 


Service Dogs should not molest, jump on, lick or otherwise engage with
anyone but their handler.
What other options did this poor, frazzled manager possess? Since the woman
has produced the magic “Service Dog” words, it may have seemed he has no
recourse but to back off and leave this self-professed “Service Dog” team
be. Fortunately for him, though, (and the other patrons of the shop!) that’s
not the case. While federal Service Dog law is written to protect
individuals with disabilities and their complete, unfettered public access
with their (well-trained) canine partners, it also has provisions to protect
businesses and other members of the public from “Service Dogs” in public who
shouldn’t be there. Individuals with a disability have the right to have
their Service Dog accompany them anywhere members of the public are allowed
to be, but business owners and patrons have rights, too.

U.S. Code of Federal Regulations § 36.202(c)(2):

(2) Exceptions. A public accommodation may ask an individual with a
disability to remove a service animal from the premises if:
(i) The animal is out of control and the animal’s handler does not take
effective action to control it; or
(ii) The animal is not housebroken.

(3) If an animal is properly excluded. If a public accommodation properly
excludes a service animal under § 36.302(c)(2), it shall give the individual
with a disability the opportunity to obtain goods, services, and
accommodations without having the service animal on the premises.

As excerpted from U.S. Code of Federal Regulations § 36.202, there are two
instances cited in federal law where a business may exclude a Service Dog:

	• The Service Dog is out of control and the handler isn’t doing
anything about it
	• The Service Dog isn’t housebroken and urinates or defecates
inappropriately If a Service Dog team is asked to leave due to the dog’s
behavior, the business must provide the unaccompanied handler the
opportunity to obtain goods or services. Only the dog can be excluded from
the premises. If a dog’s behavior infringes on the ability of other patrons
to enjoy a safe, routine experience similar to one they would experience
without a Service Dog on-site, then a business may be perfectly within their
right legally to ask the team to leave. Before making that determination,
though, check out the lists below detailing what Service Dogs in public
should do and what Service Dogs in public shouldn’t do.

Service Dogs in Public Should:

	• Focus on their handler at all times unless doing trained task
work.
	• Possess a stable, even temperament without anxiety, reactivity or
aggression of any kind.
	• Walk nicely on a leash without pulling, straining, lunging,
lagging, circling or forging.
	• Remain quietly by their handler’s side when their handler stops
without wandering or losing focus.
	• Lay quietly under the table or beside their handler’s chair
without getting up or moving around excessively. Changing positions is fine;
outright breaking stays to respond or engage with distractions or to wander
off is not.
	• Ignore distractions.
	• Be quiet at all times unless performing specific, trained task
work. Outside of trained and necessary task work, there should be NO other
vocalization, including, but not limited to, whining, grumbling, wooing,
barking, growling, whimpering or other noise. Unless working, Service Dogs
should be seen by the public and not heard.
	• Appear professional, well-groomed and well-taken care of. Your
Service Dog is a representative of both you and the Service Dog community.
She should always leave everyone she comes in contact with with excellent
impressions.
	• Keep his or her nose to his or her self at all times, even if
there are food, products or other interesting things readily accessible.
Sniffing people, objects or food is not only rude, it’s a possible health
hazard. Exceptions to this rule include Allergen Alert Dogs or other Service
Dogswho rely on their nose to perform their work. However, the Service Dog’s
sniffing should be directly related to task work and not random or merely
“exploring.”
	• Respond quickly and readily to the handler’s commands, cues or
directions. Service Dogs should give off the appearance to anyone watching
that they are highly trained and that they completely understand what’s
being asked of them. Service Dogs should possess outstanding obedience
skills and above-average manners and both should be readily apparent. A
Service Dog’s demeanor, training and behavior should, without question,
differentiate them from  all but the best-trained pet dogs.
	• Be able to do pertinent task work to mitigate their handler’s
disability. In order to be considered a “Service Dog” under U.S. federal
law, a dog must be partnered with an individual with a disability AND
perform specific, trained task work to mitigate that disability. Task work
is not optional. If a dog doesn’t perform task work, she’s not a Service Dog
– she’s an Emotional Support Animal and she doesn’t belong in public.
Service Dogs in Public Should NOT:


Service Dogs should be well-behaved.
	• Urinate or defecate inappropriately. If a dog isn’t house trained,
she doesn’t belong in public, Service Dog or not. For younger Service Dogs
in Training, outings should be short enough to provide plenty of
opportunities to make trips outside. “Accidents” are one of the few reasons
a business can exclude a Service Dog team and there are no excuses for
having a Service Dog who isn’t house trained. On very, very, very, very rare
occasions, a Service Dog may truly be sick or have an upset belly and an
accident is unavoidable, but those occurrences are definitely an exception
and not to be expected from Service Dogs.
	• Whine, bark, grumble, growl or make other noises.
	• Pick food or objects up off the floor or steal (or even show much
interest in) food or items that are sitting out. Exceptions to the “picking
objects up off the floor” rule include dogs who retrieve dropped items for
their handlers or who are otherwise doing trained task work. In general,
though, Service Dogs should not interact with distractions or any kind
unless cued to or otherwise working.
	• Sniff staff members, patrons, floors, tables, counters, surfaces,
products, shelving or anything else unless the Service Dog is performing
specific, trained task work, such as detecting allergens or other substances
dangerous to their handler.
	• Drag or pull their handler for any reason, unless the dog is
performing specific mobility-related task work for their handler as
evidenced by the presence of a brace mobility support harness, other
task-related gear or wheelchair assistance harness. A Service Dog’s behavior
should never appear “out of control,” and there’s a huge difference between
a Service Dog providing counter-balance for their handler by leaning into a
harness and a dog who is simply dashing here and there and yanking their
handler towards distractions.
	• Wander or move widely out of heel position unless cued to by their
handler. While Service Dogs aren’t robots and can’t be expected to maintain
exact heel position at all times, neither should they range widely enough to
infringe on the space, movement or rights of other patrons or teams. Service
Dogs should be responsive to their handler’s movements and focused enough to
readily move with him/her without significant lags or delay. Service Dogs
should not be so engaged or engrossed with the surrounding environment or
distractions that they give the appearance of wandering, daydreaming,
ignoring or of just being generally untrained.
	• Break “stays,” “unders,” or other fixed-position behaviors to
investigate distractions, explore or other move around. Exceptions include
Service Dogs who must perform task work that requires them to take the
initiative to respond to their handler’s disability regardless of location
or position or to retrieve assistance/medication/help. The Service Dog’s
decision to break position or disobey a “stay” should be a DIRECT result of
specific, trained task work. Again, there’s a huge difference between a dog
who gets up because they’re bored or distracted and a Service Dog who’s
obviously responding to their handler’s disability.
	• Be anxious, antsy, agitated or aggressive in any way, shape, form
or fashion. A Service Dog should never make anyone interacting with her
nervous or afraid because of her direct behavior. Some people are afraid of
dogs or intimidated by large, dark or certain breeds of dogs, but a Service
Dog’s actions should NEVER contribute to that fear. Dogs who are anxious, on
edge, reactive, fearful or aggressive in ANY way do not belong in public and
especially not as a Service Dog representative.
	• Stink, smell or appear unkempt/ungroomed in any way.
	• Engage with other dogs, people, children or distractions unless
allowed to do so by their human partner. The key here is “allowed to do so
by their human.” There’s nothing wrong with allowing a Service Dog to greet
a friendly child or dog if the handler is comfortable with it, but it should
be the handler’s decision and choice, not the Service Dog’s. A Service Dog
should not appear overly excited, unfocused, distracted, overstimulated or
otherwise out of control. There’s no defined line in the sand on this one,
but it’s easy to know once you see it.
	• Jump, scratch, mouth or exhibit other “out of control” behavior. A
Service Dog should NEVER exhibit rude, ill-mannered, untrained, or behaviors
that are considered inappropriate or nuisances. They should NEVER infringe
on other patron’s personal space in a way that appears untrained or
impolite. This includes laying their head on stranger’s knees, licking hands
while passing by, or leaning against the legs of the person standing next in
line. It’s not “cute,” regardless of whether or not the other person
provides assurances they’re “ok with it.” A Service Dog should NEVER engage
in any behavior or activity that could potentially be hurtful, harmful,
leave a bad taste in someone’s mouth or cause the handler to have to
apologize to the recipient.
If you’re out in public and you see a “Service Dog” engaging in “should not”
behaviors and it’s readily obvious the dog in question is just generally
ill-mannered or not well-trained, ask to quietly speak to a manager. Let the
manager know that while federal law does require them to permit access for
all Service Dog teams, they’re not required to deal with dogs who aren’t
ready for public access yet, and that federal law allows them to quietly ask
the handler to remove the dog from the premise. Don’t challenge the team
directly, but by letting the manager know federal law protects their
business’ and patron’s rights to not be molested or subjected to poorly
behaved Service Dogs, you’ll be paving the way towards better access rights
for well-trained Service Dog teams.

When business owners know they have a recourse for dealing with Service Dogs
who, due to their temperament, manners or lack of training, obviously
shouldn’t be working in public, there’s less backlash from negative
encounters with dogs showcasing unacceptable behavior. Many business owners
fear excluding a poorly-behaved team due to the “must provide access,
period, or you’re breaking the law” statements touted by those who drag
their substandard dogs around with them in public, and with every instance
their business, clients or sense of control suffers due to a bad experience,
the more all teams, even well-trained and professional ones, will encounter
access challenges and issues. By providing the manager with the real facts
concerning Service Dog access rights, you’re empowering him or her to
respond appropriately to those individuals and dogs who negatively impact or
affect the Service Dog community as a whole and who cause major problems and
issues for any and all real teams to follow in their wake.

Help educate business and protect Service Dog access rights by sharing this
post. By giving businesses the tools to recognize what Service Dogs in
public should and should not be doing, you’ll be helping to lessen access
challenges overall for teams who have well-trained, well-mannered canine
halves and educated, informed human halves. Got something to add, an
experience to share or something you feel we should have considered? Tell us
with a comment!

—
Buddy Brannan, KB5ELV - Erie, PA
Phone: 814-860-3194
Mobile: 814-431-0962
Email: buddy at brannan.name

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