[nagdu] Fake Service Dog Legislation

Danielle Sykora dsykora29 at gmail.com
Mon Mar 2 17:48:33 UTC 2015


I'm thinking that if businesses exercise their right to ask that a
misbehaved dog be removed, most people are not going to take their
misbehaving pet into a place of public accommodation and those with
misbehaving service dogs will be more proactive about training them to
behave. Of course, there are always going to be a few people who don't
think the rules apply to them and disregard the law; however, these
scenarios would most likely be greatly reduced. If there is some
dispute over whether the dog is truly misbehaving, it should be
handled in civil court like any other dispute.

These are some interesting scenarios. I don't think restricting the
size of the dog is relevant. A small dog can perform alerting tasks
just as well as a larger one and may be advantageous to those with
limited strength or other physical limitations. If the diabetic alert
dog in the first scenario was able to perform his job while in the
bottom of the cart, I don't see why this would be objectionable. The
bottom of the caart may be dirty, but so is the ground the dog would
have to walk on.

As for the second scenario... If the behavior continues to occur time
and time again, the handler is not taking effective action.
Considering the amount of times the behavior should be allowed to
occur is not susuch an easy answer. I'm thinking maybe two or three
times at the most. I don't think it should matter who witnesses the
behavior though.

Just my thoughts
Danielle and Thai

On 3/2/15, Julie J. via nagdu <nagdu at nfbnet.org> wrote:
> A couple of  examples for discussion:
>
> A person who states she has diabetes to the level of a disability has a
> small diabetic alert service dog.  While shopping in her local grocery
> store, she places the dog on the lower basket area of the cart.  Her
> reasoning is that she doesn't want the dog to be stepped on because he is so
> small.  The store owner tells her this is inappropriate and she has to
> remove the dog.  she refuses.
>
> Who's right? Can the dog do his job from the cart?  Who gets to decide this?
> Is it unsanitary to allow the dog on the part of the cart that is probably
> dirty with mud and slush from the parking lot?  Should other people be help
> accountable if they step on the dog and injure him, even if it's an
> accident?  should service dogs only be big dogs?
>
> another example for discussion:
>
> A woman who uses a wheelchair and is accompanied by her service dog
> regularly eat lunch in a deli in a grocery store.  Every day when she enters
> the store her service dog jumps up on the service counter.  The dog is not
> directed to do so.  The employees are not encouraging this behavior in any
> way.  The woman corrects the dog and continues on her way, only to repeat
> the whole scene the next day when she comes in for lunch.
>
> So is it taking effective action to correct the situation if it happens the
> next time you go in the store?  How many times can a dog goof up before it's
> a regular thing?  What exactly counts as effective action to address the
> situation?  Does the same employee have to witness all the incidents?  If
> not, how would the store keep track?
>
> These are both real examples.  The first is from a news story I read a few
> days ago.  The second is from Sidney who works in the particular grocery
> store where this occurs.
>
> Julie
> Courage to Dare: A Blind Woman's Quest to Train her Own Guide Dog is now
> available! Get the book here:
> http://www.amazon.com/dp/B00QXZSMOC
> Visit my new website on developing courage and living authentically:
> http://www.falling-up.com
> -----Original Message-----
> From: Marion Gwizdala via nagdu
> Sent: Monday, March 02, 2015 8:20 AM
> To: 'Buddy Brannan' ; 'NAGDU Mailing List, the National Association of Guide
> Dog Users'
> Subject: [nagdu] Fake Service Dog Legislation
>
> Buddy,
>
> There are several states that either have or are proposing such legislation,
> Florida being one. The challenge I foresee, though, is enforcing the law. I
> believe the real solution is training law enforcement and entities about
> their rights when it comes to out of control dogs, service dog or not. When
> this happens without fear of repercussion and those who claim their pets are
> service dogs are asked to leave because their dog is out of control, the
> problem will cease to be a problem! JMHO!
>
> Marion
>
>
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy Brannan via
> nagdu
> Sent: Sunday, March 01, 2015 6:46 PM
> To: Julie J.; NAGDU Mailing List, the National Association of Guide Dog
> Users
> Subject: Re: [nagdu] Fw: Proposed Act Regarding Service Dogs from the
> stateof Maine.
>
> I really wish someone would attack this problem at the other end. That is,
> to address the "fakers", put in some penalties with teeth for
> misrepresenting yourself as a person with a disability, since that's what
> you're doing by saying your dog is a service dog when it isn't. Also, it'd
> be great if businesses started exercising *their* rights in this regard.
> Once those things happen, and if there's still a problem, then I'll be ready
> to entertain some further certification of my dog.
>
> --
> Buddy Brannan, KB5ELV - Erie, PA
> Phone: 814-860-3194
> Mobile: 814-431-0962
> Email: buddy at brannan.name
>
>
>
>> On Mar 1, 2015, at 3:45 PM, Julie J. via nagdu <nagdu at nfbnet.org> wrote:
>>
>> Bridget,
>>
>> I never thought you were attacking in what you said.  Also if I used the
>> word, "you" in my message, I meant it in the plural as in you all or yawl
>> as people say out here! It is an honest question that needs to be
>> addressed.  I don't want to have my rights go away any more than anyone
>> else does and I don't want people to abuse the system the way it is right
>> now.  It is clear to me that something needs to be done, or it will be
>> done for us and I fear that will end badly.
>>
>> Regarding your thought about mentioning owner training to the
>> programs...ummm...I'm trying to word this very carefully, but I still
>> might mess it up.  Jenine from GDF is really a great person and has never
>> had any problem with owner training. She is the exception.  Some of the
>> program trainers will just ignore it, like it doesn't exist.  Some give
>> you the cold shoulder, like you are beneath them.  And some will be
>> outright hostile.
>>
>> Meghan, who trained Jetta, did train a guide who then went through class
>> at Guide Dogs of the Desert.  I think that went well, but the arrangement
>> was not with her personally, but rather the program she volunteers for.
>> It was a rather unique arrangement.
>>
>> The programs guard their training methods fairly closely.  They certainly
>> are not going to tell me, an owner trainer, how to train a specific task
>> or even give me a hint.   I'd compare it to asking Colonel Sanders for
>> just one of the secret 17 herbs or spices. It isn't going to happen.  And
>> of course the program trainers have a lot of experience and each other as
>> a check and balance system of sorts, but they are no more certified than I
>>
>> am...excepting California.
>>
>> An aspect of owner training that is important to me is the independent
>> nature of it.  I can choose the breed, the training methods, the specific
>> skills etc.  If the programs were the authority would I still be able to
>> use treats in my training?  Would I still be able to work a Doberman?
>> Would I still be able to use my nylon Sport style harness?  If I went to a
>>
>> program for validation or training help or whatever, it would feel not so
>> much like owner training anymore.  I don't feel like I'm explaining that
>> very well.
>>
>> I wish I had more answers.  I really do.
>>
>> Julie
>> Courage to Dare: A Blind Woman's Quest to Train her Own Guide Dog is now
>> available! Get the book here:
>> http://www.amazon.com/dp/B00QXZSMOC
>> Visit my new website on developing courage and living authentically:
>> http://www.falling-up.com
>> -----Original Message----- From: Bridget Walker
>> Sent: Sunday, March 01, 2015 1:59 PM
>> To: Julie J.
>> Subject: Re: [nagdu] Fw: Proposed Act Regarding Service Dogs from the
>> stateof Maine.
>>
>> I understand your points and I was not attacking you. Julie though I do
>> know my message was all over strong in questions and opinions.
>> I think there needs to be a combination of people assessing what a
>> disability is for a person. It's true some people can get a doctor to sign
>>
>> off on anything but, will a rehab person understand an MRI of the brain
>> that a neurologist could explain? I think we need both doctors and rehab
>> to work together. Your idea is great. It's really hard to know for sure
>> what a disability is and how it will effect someone every day. I have CP
>> but, my guide dog is not a combo dog because I manage my mobility
>> impairment with medication. This came from a combination of doctors.
>> Sometimes you have to see more then one specialist to really specify the
>> specifics of your disability.
>> I'm not taking a stab toward you but, I am going to point out that my dog
>> received several evaluations coming from a program. The point is not that
>> he is better trained. The point is there were people evaluating my dog who
>>
>> train guide dogs every day all day. You know, why don't you work with one
>> of the training programs? I mean this really. If you have ideas about
>> training talk to them about them.
>> About that bit on the store thing. I can't agree more with you. I wish
>> people could see they need to change aspects to their life to manage. It's
>>
>> like me saying "I need my professor to excuse me from class every Day at
>> 12:00 because the light from the window gives me a headache. When really
>> all I need to do is go sit on the other side of the room. Of course I have
>>
>> never and will never do such a thing.
>> I never saw my disability as a good thing but, something that I just live
>> with. It doesn't really make to much of a difference to me. I do not know
>> why the idea of being disabled is a peeling to so many people these days.
>> Bridget
>>
>> Sent from my iPad
>>
>>> On Mar 1, 27 Heisei, at 2:33 PM, Julie J. <julielj at neb.rr.com> wrote:
>>>
>>> No one evaluates my dog, but me, at least with the last ones.  Jetta was
>>> trained by someone else, so we have her opinion and mine.
>>>
>>> I do a lot of work at blindness events, with my state agency, attend NFB
>>> state conventions, sometimes the ACB state convention and I have a very
>>> good friend who is a certified O&M teacher.   There have been a lot of
>>> people, people who know about how guide dogs work and what they do, see
>>> me work my dogs.   I am quite often the one they go to with guide dog
>>> questions.
>>>
>>> Regarding the bigger picture...I have known for some time, or have felt,
>>> that we are getting to a place where some sort of regulation is eminent.
>>> There are too many people, making too many claims of questionable facts
>>> and way too many ill behaved dogs. I don't think it is the outright
>>> fakers that are the problem.  I think those are actually a very small
>>> number and are pretty obvious.  What I think is the real problem is folks
>>>
>>> who don't understand what a disability is and claim to have one, when
>>> what they really have is poor self management, poor decision making
>>> skills and an inflated sense of what the word impairment means.  Please
>>> don't go off on me about how there are lots of people with legitimate
>>> service dogs in this category. I am in no way saying that psychiatric
>>> conditions cannot be disabilities, absolutely they can.  What I see a lot
>>>
>>> of is things like, "My Pooky makes grocery shopping more pleasant and
>>> less stressful."   To me, that doesn't sound like a disability.  It
>>> sounds normal.  Seriously I just got home from the grocery store and less
>>>
>>> stress is a wonderful thing, but if that were my disability, I'd make it
>>> a point to go on Wednesday at 10 p.m. when I'd be the only person in the
>>> store.
>>>
>>> It's the people with only the mildest of unpleasant life circumstances
>>> that choose to haul their half trained dog into public because of their
>>> perception that the dog helps them that is the real problem. These people
>>>
>>> really believe they have a disability and they really believe their dog
>>> is trained.  That is their reality and there is no education that will
>>> ever change that perception.
>>>
>>> As I see it there are only really two ways to go to address this whole
>>> issue.
>>> 1. We can have the government come up with some sort of elaborate system
>>> of determining disability.  Medical doctors are not in a position to do
>>> this. They are good at diagnosing medical conditions, but disability is
>>> how that condition affects you on a daily basis.  A doctor can diagnose
>>> that a person has arthritis, but as we all know most people who have
>>> arthritis are not disabled.  There are some who could be considered
>>> disabled because of arthritis though.  Doctors are not trained in this
>>> area.  Occupational therapists or rehabilitation counselors are in a
>>> better position to make this determination.  The social security
>>> determination is a close, but not perfect determination, because it only
>>> addresses disability as it relates to paid employment.  There are
>>> disabled people who do not qualify for social security.
>>>
>>> 2. We can regulate the dogs.  This one has so many problems.  I'm not
>>> even sure where to begin.  This seems to be the route everyone wants to
>>> take though.  Any test is only going to evaluate the dog on that day in
>>> those particular conditions and no test is going to be 100%.  There's
>>> also the cost factor.  Who is going to do the test?  Who is going to pay
>>> for it? What happens if the dog later misbehaves, is the tester held
>>> liable? How long is the approval good for?
>>>
>>> or perhaps there needs to be some sort of combination of the two
>>> approaches. I don't know.  I do know that if we, as disabled people with
>>> legitimate service dogs, don't proactively work on something fair to
>>> everyone, enforceable and feasible, we are going to get the short end of
>>> the stick.
>>>
>>> Julie
>>> Courage to Dare: A Blind Woman's Quest to Train her Own Guide Dog is now
>>> available! Get the book here:
>>> http://www.amazon.com/dp/B00QXZSMOC
>>> Visit my new website on developing courage and living authentically:
>>> http://www.falling-up.com
>>> -----Original Message----- From: Bridget Walker via nagdu
>>> Sent: Sunday, March 01, 2015 1:02 PM
>>> To: Sherry Gomes ; NAGDU Mailing List,the National Association of Guide
>>> Dog Users
>>> Subject: Re: [nagdu] Fw: Proposed Act Regarding Service Dogs from the
>>> stateof Maine.
>>>
>>> I don't see it as someone trying to diminish our rights. I do recognize
>>> the owner training question and I just do not know the answer. I asked
>>> this question time and time again let's see if I can get some feedback
>>> this time.
>>> I do not want to set anyone off on the list so please understand this is
>>> just to better understand everyone's side. We all know how a guide dog is
>>>
>>> evaluated at a training program so I will not get in to it. I want to
>>> know who determines when and at what point an owner trained guide dog is
>>> ready? How is this dog evaluated? Multiple people evaluate a program dog,
>>>
>>> is it a here say from one person, or do multiple people with a background
>>>
>>> in the work of guide dog training see the team?
>>> I'm taking a huge dive here but, I hope someone can see the Devils
>>> advocate and educate. I know there are some very great individuals who
>>> owner train. Please apply this to all areas not just guide work. How does
>>>
>>> anyone decide between fake and real service dogs? Anyone can get a dog to
>>>
>>> follow a few commands. Anyone can go buy some equipment off of eBay.
>>> Anyone can get a doctors note. How is the public to know?
>>> I always thought people would get it that a harness is used with a guide
>>> dog. This is not the case anymore. There is to much between fake and real
>>>
>>> dogs.
>>> Another point I want to bring up is why doesn't anyone do anything about
>>> those people who go overboard. Those people who constantly through
>>> documentation and have every vest and patch ever made to "prove they have
>>>
>>> a service dog." When you have to go that far everyone knows it's an act.
>>> We need a balance.
>>> I am sure tired of people in New York and New Jersey abusing the ADA.
>>> Some people may say we choose to use guide dogs as if we don't need them.
>>>
>>> You know what, my guide dog has made my life 1,000,000 times better.
>>> Having my guide dog should always be a right and NEVER a privilege.
>>> Bridget
>>>
>>>
>>>
>>>
>>> Sent from my iPad
>>>
>>>> On Mar 1, 27 Heisei, at 11:36 AM, Sherry Gomes via nagdu
>>>> <nagdu at nfbnet.org> wrote:
>>>>
>>>> Hi all,
>>>>
>>>> I got this off another list. Another state trying to diminish our
>>>> rights.
>>>>
>>>> Below is the text of a bill that is being presented to the state of
>>>> Maine legislature in the near future.  Again, this is very concerning,
>>>> much like the recent Arizona bill that failed.  If states keep
>>>> presenting bill's such as these, I'm afraid one will get passed and
>>>> negatively impact the rights of legitimate service dog teams.
>>>>
>>>>
>>>>
>>>> 127th MAINE LEGISLATURE
>>>>
>>>> FIRST REGULAR SESSION-2015
>>>>
>>>> Legislative Document No. 547
>>>>
>>>> H.P.
>>>>
>>>> 371 House of Representatives, February 26, 2015
>>>>
>>>> An Act Regarding Service Dogs
>>>>
>>>> Reference to the Committee on Agriculture, Conservation and Forestry
>>>> suggested and
>>>>
>>>> ordered printed.
>>>>
>>>> 49
>>>>
>>>> ROBERT B. HUNT
>>>>
>>>> Clerk
>>>>
>>>> Presented by Representative CAMPBELL of Orrington. (BY REQUEST)
>>>>
>>>> Cosponsored by Senator SAVIELLO of Franklin and
>>>>
>>>> Representatives: DOORE of Augusta, LAJOIE of Lewiston, MAKER of Calais,
>>>> NADEAU of
>>>>
>>>> Winslow, STANLEY of Medway, TUELL of East Machias.
>>>>
>>>> Printed on recycled paper
>>>>
>>>>
>>>>
>>>> table with 2 columns and 33 rows
>>>>
>>>> 1
>>>>
>>>> Be it enacted by the People of the State of Maine as follows:
>>>>
>>>> 2
>>>>
>>>> Sec. 1. 7 MRSA §3922, sub-§4, as amended by PL 2007, c. 664, §11, is
>>>> further
>>>>
>>>> 3
>>>>
>>>> amended to read:
>>>>
>>>> 4
>>>>
>>>> 4. Service dogs. If a service dog has not been previously registered or
>>>> licensed by
>>>>
>>>>
>>>>
>>>> the municipal clerk to whom the application is being made, the clerk may
>>>>
>>>> not register the
>>>>
>>>> 6
>>>>
>>>> dog nor issue to its owner or keeper a license and tag that identifies
>>>> the dog as a service
>>>>
>>>> 7
>>>>
>>>> dog unless the applicant presents written evidence to the municipal
>>>> clerk that the dog
>>>>
>>>> 8
>>>>
>>>> meets the definition of "service dog." For the purpose of this
>>>> subsection "written
>>>>
>>>> 9
>>>>
>>>> evidence" means a service dog certification form approved by the
>>>> department in
>>>>
>>>>
>>>>
>>>> consultation with the Maine Human Rights Commission. The service dog
>>>> certification
>>>>
>>>> 11
>>>>
>>>> form must include a letter signed by a physician, psychologist,
>>>> physician assistant or
>>>>
>>>> 12
>>>>
>>>> nurse practitioner indicating that the owner or keeper or a member of
>>>> the owner's or
>>>>
>>>> 13
>>>>
>>>> keeper's household requires the service dog and a certification or other
>>>>
>>>> document
>>>>
>>>> 14
>>>>
>>>> indicating that the service dog has completed training from an
>>>> established service animal
>>>>
>>>>
>>>>
>>>> training organization or has been evaluated by a certified animal
>>>> trainer and found to have
>>>>
>>>> 16
>>>>
>>>> a sound temperament suitable for a service dog.
>>>>
>>>> 17
>>>>
>>>> Sec. 2. 7 MRSA §3923-B, sub-§1-A is enacted to read:
>>>>
>>>> 18
>>>>
>>>> 1-A. Service dog registration tag. In accordance with subsection 1, the
>>>> department
>>>>
>>>> 19
>>>>
>>>> shall ensure that, with regard to the registration and licensing of a
>>>> service dog, the service
>>>>
>>>>
>>>>
>>>> dog's registration tag clearly indicates that the dog is a service
>>>> animal pursuant to Title 5,
>>>>
>>>> 21
>>>>
>>>> section 4553, subsection 9-E. The department shall devise a method of
>>>> ensuring that a
>>>>
>>>> 22
>>>>
>>>> service dog's registration tag is clearly visible to the public.
>>>>
>>>> 23
>>>>
>>>> SUMMARY
>>>>
>>>> 24
>>>>
>>>> This bill requires that an individual registering a service dog present
>>>> to the municipal
>>>>
>>>>
>>>>
>>>> clerk a letter signed by a physician, psychologist, physician assistant
>>>> or nurse practitioner
>>>>
>>>> 26
>>>>
>>>> indicating that the individual or a member of the individual's household
>>>>
>>>> requires the
>>>>
>>>> 27
>>>>
>>>> service dog and a certification or other document indicating that the
>>>> service dog has
>>>>
>>>> 28
>>>>
>>>> completed training from an established service animal training
>>>> organization or has been
>>>>
>>>> 29
>>>>
>>>> evaluated by a certified animal trainer and found to have a sound
>>>> temperament suitable
>>>>
>>>>
>>>>
>>>> for a service dog. It also requires the Department of Agriculture,
>>>> Conservation and
>>>>
>>>> 31
>>>>
>>>> Forestry to ensure that the registration tag of a service dog clearly
>>>> indicates that the dog is
>>>>
>>>> 32
>>>>
>>>> a service animal and to devise a method of ensuring that a service dog's
>>>>
>>>> registration tag is
>>>>
>>>> 33
>>>>
>>>> visible to the public.
>>>>
>>>> table end
>>>>
>>>>
>>>>
>>>> Page 1 -127LR0304(01)-1
>>>>
>>>>
>>>>
>>>>
>>>>
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