[Nfbf-l] Fake service dog gear creates problems for Americans withdisabilities

[Sherrill O'Brien]

Hello all,

As frustrating as the  increase in people passing off their dogs as service
animals is for those of us who legitimately need them, requiring ID would
seem a good solution at first. But the ADA makes it clear that no
identification is required, so Florida could not pass any law requiring
such, as state law does not trump the ADA. And don't think for a second that
folks wanting to bring their pets everywhere with them would roll over and
give up. A brisk business for Fake service dog ID's would quickly
proliferate on the Internet. How is some little clerk in a small business
supposed to know a valid ID from a fraudulent one? There are more and more
owner trained dogs out there, as you know if you subscribe to the national
Association of Guide Dog Users list, thus they don't have identification. I
think requiring ID would prove very difficult for all involved. What if you
changed purses and thus left your ID at home? Or lost it? While I certainly
don't condone people having fraudulent service dogs, really, if the dog
isn't posing a direct threat and is behaving, I don't see it as a huge
problem. I have more problems with pet dogs which are allowed these days on
restaurant patios and in pet stores. I often try to pass our neighborhood
restaurant Tijuana Flats, and little yappy creatures, even if on a leash,
come leaping out at Fallon while we're trying to weave our way through the
maze of tables and chairs on a  very narrow sidewalk.

The bottom line to me is that we need to be very careful about changing our
current system, as doing so could cause even more problems for those of us
who rely on our dogs. Folks wanting to bring their pooches with them would
still be able to do so. If they're serious enough to get fake service vests
and other gear for their pets, they certainly wouldn't hesitate to buy a
legitimate looking ID online.

Just my opinion,
Sherrill



-----Original Message-----
From: Nfbf-l [mailto:nfbf-l-bounces at nfbnet.org]On Behalf Of Patricia A.
Lipovsky
Sent: Sunday, August 11, 2013 9:23 AM
To: NFBF List
Subject: [Nfbf-l] Fake service dog gear creates problems for Americans
withdisabilities


This is happening way too much.  This is why the law needs to be changed to
allow business owners etc. to ask for some sort of ID.


Fake service dog gear creates problems for Americans with disabilities
August 7, 2013
By Kate Santich, Orlando Sentinel
http://articles.orlandosentinel.com/2013-08-07/features/os-fake-service-dogs
-20130807_1_service-dog-dog-walk-service-animal

Public confusion, legal loopholes and shady Internet businesses have led to
an "epidemic" of fake service-dog certificates, vests and harnesses for use
on ordinary pets. And advocates for the disabled say the issue is creating
big headaches for those who truly need the canines' assistance.

The problem has gotten so bad that Canine Companions for Independence - the
nation's largest breeding and training service-dog program - launched an
online
petition this week asking the U.S. Department of Justice to take action.

"Unfortunately, people are trading on the fact these harnesses and vests
have become distinguishing marks of service dogs, so now you find
unscrupulous
businesses who sell these things to people who want to take their dogs into
the store or restaurant or in the passenger cabin of the plane," said Paul
Mundell, national director of canine programs for CCI. "It happens all the
time."

On a recent flight to Orlando, where CCI has its regional headquarters,
Mundell said he watched a man with a toy breed of dog walk off their flight
to
the baggage area, remove the dog's "service animal" vest and leave the
airport. "It was quite clear that he was simply using the vest to get cabin
privileges,"
Mundell said.

Under the federal Americans with Disabilities Act, state and local
governments, businesses and nonprofit organizations that serve the public
generally
must allow service animals to accompany those with disabilities in all areas

of the facility where the public is normally allowed to go. And inquiries
are limited. When it's not obvious what service an animal provides, workers
may only ask if the service animal is required because of a disability and
what tasks the dog has been trained to perform.

Legally, they can't ask for documentation. And some say that fact is being
exploited.

"There's no penalty for people in Florida who fraudulently claim their dog
is a service animal," said Paul Edwards of Miami, president of the Florida
Council
of the Blind. "There are some of us who feel it isn't unreasonable to ask
folks to carry identification for dogs that shows them to be a trained
service
animal - and most legitimate service-dog organizations do issue those. The
danger is that you may throw the baby out with the bathwater."

Some advocates, for instance, are concerned that doing so may put an
unreasonable burden on those with disabilities to "prove" their dog is
legitimate.
But others say that, because of the fraud, humans are already facing more
hassles.

"It has become an epidemic," said Kris Baker, 63, who lives in Orlando. "And

what we're getting is the aftermath. Somebody will take Fluffy with them
into
a restaurant, and the dog will bark or snap at someone or poop on the floor.

So when we come in with a legitimate dog, we get the questions and the
resentment.
It's harder for us."

Baker, who had polio as a child and has used a wheelchair for 30 years,
needs her CCI dog to help pull her along when she gets fatigued. The dog
also opens
and shuts doors, retrieves the phone, picks up objects she drops and helps
open the refrigerator and cabinets. So when people ask her in ignorance,
"Hey,
where can I get one of those vests for my dog?" she educates them.

"This is not something that is for pets," she said. "This is an indication
of training that my dog and I have been through. These dogs are the brain
surgeons
of the canine world."

Luke McGregor, a 48-year-old Delray Beach resident, also has to do his share

of educating. On a flight home from New York this week, McGregor witnessed
a woman who claimed to have an "emotional-support dog" that whined and
scratched at its cage throughout the trip - behavior considered unacceptable

in
a legitimately trained service dog.

Though he could do little more than roll his eyes at the scene, McGregor,
who uses a wheelchair and CCI dog, knows he'll be left to deal with the
fallout.

"I'm already stopped in restaurants and grocery stores sometimes by workers
who say [wrongly], 'You can't bring that dog in here,'" McGregor said.
"There
will be a time when the public is going to reach critical mass regarding all

of the alleged service dogs out there, and we will suffer for it."

Already, in 2011, the Department of Justice issued revisions to its ADA
regulations singling out dogs as the only legally protected assistance
animals.
Before that, some people were claiming monkeys, snakes and other creatures
were helping them cope with disabilities. The department also clarified the
definition of a service dog as one that is "individually trained to do work
or perform tasks for a person with a disability."

But while some states have laws against residents pretending to have a
legally protected disability in order to gain access for their dog, most do
not.
And there is no law against the sale of merchandise emblazoned with phony
"service dog" logos.

A search of eBay under "service dog patches," for instance, reveals more
than 22,000 sellers.

While some can certainly be used for legitimate purposes, advocates for the
disabled say many are not.

CCI.org is seeking to get 10,000 signers in the next week to say the problem

needs to be stopped.

"That's the exact purpose of our petition," said Martha Johnson, a CCI
spokeswoman for the Southeast region. "We want to go to the Department of
Justice
and say: 'Look at how many people agree this is a problem, and something
needs to be done.'"
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