Service Dog Law May Be Exploited Due To Loopholes
When you see a dog wearing a bright vest that says “Service Dog”, it doesn’t always necessarily mean the dog is a certified service animal.
These service vests cost about $30 and can be easily purchased online. People can also buy patches that say “Medical Alert Service Dog” or “Hearing Alert Service Dog.”
Pam Albertson, a San Diego resident who owns a service dog named Cameo, said people that pretend to have service dogs don’t realize the damage that they are causing.
Kathy Maxfield, another disabled service dog owner, said she knows pet owners who put a vest on their dog, so they can simply take their dog with them anywhere. She said “it’s just pure wrong.” She added it makes it tough on people who have true disabilities and rely on trained service dogs.
Cracking down on people who pretend to have service dogs is almost impossible to stop. The Americans with Disabilities Act protects those who use service dogs from being harassed when they take their animals to public places.
It is against the law for a store owner to ask a person with a service dog what kind of disabilities he has. It also is against the law to ask for proof that the animal is a trained service dog. A service dog does not need to wear a vest or have professional training.
The only questions a business owner can ask is if the animal is a service animal and what tasks it can do.
Albertson has photo ID for Cameo, her service dog, when she is at work. In California, using a fake service dog is a misdemeanor, punishable by at least six months in jail and a $1,000 fine. But this is incredibly difficult to enforce.
Due to the privacy protections, it is uncertain how many dogs are not truly service dogs. Organizations that train service dogs, service dogs owners and officials at the San Diego County Department of Animal Services all said it is a growing problem.
“Like anything else, people take advantage,†said Carol Davis of Paws’itive Teams, which trains service dogs in San Diego. “There are dog owners who love their dogs and want them to go everywhere with them.â€
Dawn Danielson, director of the county Department of Animal Services, thinks that some of the pet owners who get assistance tags for their dogs are taking advantage of the safeguards that protect those with disabilities from uncomfortable questions.
The ADA prevents employees from asking if the person seeking the tag has a disability or if the dog has any specific training.
“We can’t say, ‘Hey, that poodle doesn’t look like it can do all that much,’ †she said. “Our hands are tied.â€
In 2000, 82 tags were issued. In 2006, that number increased to 265.
Companies that sell service dog vests online also cannot question people when they buy vests. Customers simply abide by the honor code.
Some people may also believe they have a valid reason to bring their pets with them to public places to provide emotional support. Some doctors sign notes that say the dog plays an important role to the patient’s well being.
But some service dog trainers question this and argue the dogs aren’t specifically trained to do anything.
Davis said these dogs haven’t gone through the extensive training required of a working service dog. If the dog behaves poorly, it leaves a bad public perception of service dogs. Business owners can ask a person with any dog, even legitimate service dogs, to leave if the animal is acting up.
A service’s dog accreditation isn’t mandated by any government agency. A person can self-train their dog, even if the owner may not have the expertise or proper background to train dogs.
Determining the legitimacy of service dogs is even more complicated by conflicts over emotional support dogs. According to the Americans with Disabilities Act, emotional support dogs are not trained service dogs.
The U.S. Department of Transportation ruled in 2003 that animals that provide emotional support are allowed on airline flights. Also some courts have ruled that people with emotional support animals can’t be denied apartments that prohibit pets.
The Coalition of Assistance Dog Organizations is lobbying the federal government to change the Americans With Disabilities Act’s definition of a service animal. To qualify, an animal would have to be trained to mitigate a person’s disability, according to the definition sought by the coalition. That definition states that an animal providing “comfort†would not qualify.
Finding a solution will be difficult because everyone agrees that people with disabilities shouldn’t have to answer demeaning and challenging questions, said Corey Hudson, director of Canine Companions for Independence.
Source: SignonSanDiego
September 5th, 2007 at 2:15 pm
This is a pet peeve of mine. I do not use a service animal. But the fact that people lie about their pets just so they can take them everywhere has always bugged me. When I worked retail we had people who would bring in their obviously not-service-trained lap dogs in purses and take advantage of the fact that we couldn’t ask any questions about it. These people lower the status of actual service animals in the public mind. People see these pets just being there, not really doing anything productive and the whole culture of service animals is diminished in their minds. And really, you’re dog doesn’t have the right to go everywhere you want it to go, live with it. There are also people out there who are allergic to dogs or afraid of dogs. Should they have to avoid the places where you are with your fake service animal?
Even if they change the definition to exclude “emotional support animals”, there will be no way to determine what is an actual trained service animal and what is just a pet since no one can question them or ask for credentials. I think service animals should be licensed and shopkeepers/airlines/taxi drivers/etc. as well as government orgs such as public transportation/schools should be able to check the status of the animal. Maybe they have to carry a card for them or have a special tag issued by a governing organization. The credentials would not list any type of information about the person’s disability, only that the dog is trained and certified for service work in public.
September 5th, 2007 at 3:19 pm
This article brings up a lot of good points! I am especially interested in how many people view dogs that help with emotional support as less helpful than other disabilities. Having seen animals assist people with depression or similar disabilities, sometimes better than medications or therapists, it makes me wonder why they are so easily looked down upon. I believe there should be something required of these dogs as it is service dogs, but please don’t discount how much they help people with mental disabilities that may otherwise be unable to function in public places.
In the very least, the dogs that help people with mental disorders should be required advance degree of obedience training. A misbehaving dog is really not going to help anyone - least of all the person with the disability. The shame of it all is the people that take advantage of the loophole for their own benefit. There will always be people like that, but we can’t make the people with disabilities suffer more because of them.
September 5th, 2007 at 5:10 pm
This would not be an issue if public places (stores, restaurants, etc.), as well as living facilities (condos, apartments) would adopt the European attitude that any well-behaved pet is just as welcome as any well-behaved child or adult in their establishment. As should be the case with ill-behaved pets, children, or adults, they should be removed or evicted from the establishment. An ill-behaved child will do far more damage and cause far more disruption to an establishment than a well-behaved pet. This is just another example of blatant discrimination against pet owners that is widespread in this country.
September 6th, 2007 at 1:48 pm
I have to agree with Bob, that if the laws were changed to permit well-behaved pets (like well-bahaved children) into stores, restaurants, hotels, and apartments, then there would be far less incentive for people to abuse Service Dog laws.
September 6th, 2007 at 4:50 pm
Gee, if I buy a small service animal vest and put it on my bichon “Snoopy,” I could take him everywhere and tell people that he provides “emotional support.”
How ridiculous is it that people tote their animals around with them everywhere! A living breathing creature is not an accessory (Paris Hilton)! While my little bichon is very friendly and pretty well behaved, I would not take him with me into a restaurant or retail establishment because he could just decide to pee somewhere and there is not way for me to stop that (not to mention it is unsanitary)! Also, it is way too hot to drive him around town in the middle of the day, everyday. Of course, leaving an animal in the car is not an option, so, I LEAVE him at home, where he can enjoy the air conditioning.! Taking him to the vet, pet store, and friend’s and family’s homes is enough for me and him.
I love animals, but when someone brings in a nonservice animal to my place of employment, we politely tell them that we only allow service animals inside our store.
If someone is rude enough to pass off a non-service animal as such, you can bet your bottom dollar that they would not clean up after them if they have an “accident.”
Service animals are an asset to society, they provide a much needed service to those in need and only ask of the basics in care in return. It is a slap in the face of those who NEED assistance, even only temporarily, that people would abuse such a concept! Obviously there is some disconnect in their sense of moral/ethical behavior.
October 18th, 2007 at 11:28 pm
I like what you said about anybody can buy vest and patches on line I heared people say if you know what a task mean and know were to buy vest and patches on-line you can put them on your dog. its not right people that really do need a service dog are having a hard time take them places because of people that just want to take their pet with them.
People also need to learn to read the patches on the service dogs and not just put their hand out to pet the dog when their on duty.
January 22nd, 2008 at 11:52 pm
As a SD handler I have a few different takes on this issue.
My dog is a Great Pyrenees, and is a very large dog. I use her for a few different disabilities. BOth physical and psychiatric disabilities. 7 years ago I was on 12 different psychiatric medications, and was essentially a zombie. I was having severe visual and auditory hallucinations, was at times unable to go in public due to these issues, and was seeing a therapist 3 times a week. My husband was my primary caretaker and was more like a parent then a husband. At the age of 25, this way not the way I wanted to spend the rest of my life.
I have been using a service dog for the last 2 years, and in that time I have gone off all psychiatric medications, and am in college. My dog accompanies me to school on a daily basis. WHen I enrolled the college tried to require that I give them documentation and I informed them of the law and the issue was settled quickly once they were provided with the laws. My dog does many tasks to mitigate my disability, both mobility issues and psych issues.
Before there can be any real attempt at even making a national standard the service dog organisations need to come to an agreement. There are a lot of different SD orgs that are very prejudiced toward those with psych issues, some of them even feeling that those with mental illness shouldnt even own animals let alone be a SD handler.
In the political spectrum right now, a SD registry is way way low on the list of our govts priorities. Service dogs do many tasks for many people. The things I need my dog to do are not the same things that another would need their dog to do. Who decides if what a specific dog does is a task? Where exactly is this money coming from (part of the ADA is that it is illegal to discriminate against any person, including those who may be poor) so the handler cannot be charged for this certification. This is why local animal control offices are not allowed to charge a SD handler for their dogs license, because this discriminates against those who may not have the money to get a license.
I have been in the situation where a dog that may have very well been a SD has lunged at my dog in a wal mart. We were walking down one sid eof an aisle and the other person with their dog was walking in the opposite direction. There were displays lining the aisle, with a space between each display. The dog lunged between 2 displays at my dog, my dog looked at the other dog, and kept walking, while the other dogs handler was pulled off her feet trying to get the dog to stop dragging her, if it wasnt for the fact that the woman was with someone else who grabbed the dogs leash and started hitting the dog. I have no doubt that the dog would have attacked my dog.
When I go into a store I no more expect to have to stop and show ID then I would expect anyone else to. The ADA considers Service Dogs to be a “durable piece of medical equiptment” and that they are to be treated as such. Asking someone to verify that their dog is a SD is equivelent of asking a person in a wheelchair to try and stand to see if that person really needs that chair in the eyes of the law.
I sympathise with businessowners, they are stuck, they do not have the right to question a person with a dog too extensively, and many do not realise that if a dog poses a problem in a business (through innapropriate behavior, such as barking or growling) that they can ask that the dog be taken out of the store. THey have to allow the customer to return to the store without their dog, but many storeowners do not know they have that right.
Feel fre eto ask any questions that you may have, I try my best to be a advocate for well trained, legitimate service dogs, and have no problems answering any questions that may be asked.
January 23rd, 2008 at 1:08 pm
Just because a service dog is on the small size doesn’t mean that it can’t do tasks or is a fake.
Medical alert dogs and hearing dogs are often but not always smaller sized dogs.
My service dog, a 19 lb Boston Terrier, alerts to my medical condition so that I can take medication. She also helps me out in other ways, such as picking up dropped items when i am out of the house, including handing me my cane if I drop it, hunting for and bringing me my purse when I need the medication in it. She also prefroms tasks in the house to help me out!
I think it would be a disaster to have to present “proof” of my service dogs status just to go into a store. Imagine having to present your “papers” just to go some where! it is already a bit embaressing to have to answer the questions at the door as it is. Imagine yourself being questioned every time you go somewhere! I do try to be polite and make sure that my dog is wearing a vest marking her as a service dog.
Busines owners are not “stuck” accepting any so called service dog that comes their way. They can even have a service dog removed if it is ill behaved no matter where it was trained.
January 23rd, 2008 at 5:21 pm
Emotional support to a person with a psychiatric disability, is the same as guiding is to a person with a visual disability.
Let’s not discount the importance of the tasks that Service Dogs can do for a variety of people who have a variety of disabilities, because of our own ignorance.
January 23rd, 2008 at 5:38 pm
It’s disgraceful that owners would try to pass their pets off as Service Dogs, it gives a bad name to legitimate Service Dogs and Service Dog users.
However, I would hate for people to read this article and then suspect that every Service Dog who is accompanying somebody with an invisible disability is a fake.
March 5th, 2008 at 11:03 pm
Hi, I just want to let people know why Pup’parel online made the Emotional Support Dog patch she not say you can take the dog out in public like a service dog.
she made this patch so when you go on airplane people will not keep trying to pet your dog or when you are renting a place they will know they have to rent to you. Sometimes a doctor note is not good enough.
If they use the patch the way it was made for then there should be no problem with the patch.
People that have ESD can’t fake their disability because they need a doctor note. But some people are saying they have a service dog when real it just a pet. I think all SD should have to have a doctor note then nobody can fake having a SD I have a ID tag that my doctor sign and I’m not afraid to show people it, They are going to know you have a handicap when they see you with a SD. What are you trying to hide that you don’t want a doctor note do you real have a SD
I hope I did not make anybody mad at what I said it just my thought on this subject.
My dog is a true SD
March 7th, 2008 at 2:57 am
Ignorance is NOT bliss! Those whom consider themselves only noticeably physically disabled worthy of A “service dog”,is nothing short of arrogance! Who is to say that your disability affects your life more so than someone else?
As A nurse for 33 years,it has always been an issue for people with disabilities that seemly look healthy. Not everyone are willing to tell you they are acrophobia,have A mental illness such as depression,or A hearing problem.The law states,and I concur that A service dog is one that provides A service to the well being,physically or mentally to the owner. Please let’s not get “hung up” on only visible disabilities! A person that suffers from severe depression,A service dog might be their life line,in lieu of suicide.Education to the term “disabled”,and in need of A service dog,deserves A more educated public awareness! Otherwise,it is pure discrimination,and could result in A law suit,and rightfully so! If we are not in the other persons’s “shoes”, we should not be judgmental!
March 17th, 2008 at 7:04 pm
I have a service dog and I’m tired of people faking having SD and their dog is not trained right. I think all SD should have to take the Good Canine Citizen test. They should do the test right only one dog plus yours is to be at the test. I seen test given before were there was over ten dogs at the test. When you are out in public places you don’t see 10 dog in a store. Pet Store don’t count. I hope someday they pass this law so if you don’t take this test your SD could not go out in public places.
I would like to hear what other people think!
April 1st, 2008 at 3:22 am
I have a list of physical problems. I am also a sufferer of mental illness.
I want to have my little chihuahua mix (8lbs.) as my service dog but don’t know how to go about it.
I have heart problems, blood pressure problems, chronic pain and several more health issues and then the mh issues.
my little guy gives me great comfort and helps to keep me calmed down.
he is very well behaved…not a snapper..I am more likely to bite than he is !
I certainly think I qualify to have a service dog and family and friends agree.
I just don’t know how to do it…any advice ? We are in Texas..
April 11th, 2008 at 1:30 pm
This is for Annie that want to take her dog out as a service dog. It best to have a vest and patches on. Even if the law says you don’t need anything on your SD it helps a lot.
You need to teach your dog to do three task for you and also the dog must know how to ring a bell on the doorknob so you know it wants to go outside to do it job.
Does your dog have all basic down and does it know what watch me is when you say it. What ever you need the dog to do for you that is your task make sure dog has all shots up to date before taking out in public.
When your dog is just learning to go out in public for the first time please wear service dog in training patches or puppy in training patches.
The brighter the vest is more people will leave your SD to do it work then buging you. Go online and look for Rainbow cloud service dog patches or Assistance Dog flame patches.
You should have one patches on each side of vest.
And some type of Please Don’t Pet Me Patch on top of vest.
I hope this will help you out!!
look up the ADA law on line for SD!!!
April 11th, 2008 at 1:39 pm
People should make their SD wear some type of uniform when they are out in public. And have patches on.
So people will know its a working dog not a pet!
April 15th, 2008 at 12:29 pm
If you are a baseball fan that has a service dog I know a website that will be coming out with Service Dog baseball patch the patch will look like a baseball. Your SD can wear any style of patch you like there is NO law that says your SD can’t wear a patch like this. Go online to Pup’ Parel and ask her when this patch will be out!
April 16th, 2008 at 8:01 pm
What do you mean! Baseball service dog Patches! Is it a Pet or a Service dog. What next Baseball Caps that say Service dog working.
Get round patches or square patch on the dog vest!!!
April 22nd, 2008 at 1:48 pm
I wish I could take my Emotional Support Dog out in public just like you would if you had a service dog. I need my ESD just as much as someone with a Service Dog does. Please understand people with ESD can’t fake it we have doctor note. People with SD have no doctor note so lot of these people really don’t need a SD they just want to take a pet with them!
It time they had same rule as a ESD does!
June 7th, 2008 at 2:50 pm
There has to be some way to test for minimum behavior skills and to license all service dogs including emotional support dogs in order to thwart those whose self-serving behavior is at play when they pass off their pet as “a registered, certified service dog.” I can go on-line right now and fill out a form, write a check, and voila–I have a registered, certified service dog. Allowing people to get away with this is both demeaning to all service animals and to all with true disabilities. It is of paramount importance that this issue receive recognition and steps taken to protect the rights of those with true disabilities as well as the rights of the service animal. Fake service dogs are a gross diservice and can only lead to problems for those with true disabilities and true service dogs. The public at large, knowing not to ask too many questions, is now at a loss. How do they distinguish the real from the fake. Badges, certifications, registrations, vests, harnesses can all be purchased by anyone. Don’t you think they would think twice about asking someone to remove their disruptive service dog when they are aware of the difficulties they could start for themselves? Americans with disabilities need to band together and get working on this. I don’t know what it should be–federal govt sponsored, state sponsored, or what but service dogs should have to pass a minimum standards test and have some kind of license. This is not to create more hardship for the disabled but to make their rights and status secure. It would be much easier to weed out those who are dishonest about their disabilities and their “service dogs”. It should be a crime to have a fake service dog.
June 12th, 2008 at 1:07 pm
It sounds to me that many of you wish to punish legitimate service dog teams for the mistakes of many others. I resent the idea that I would have to show an id for my service dog whenever I go into public, and I have a legitimate service animal for an non-apparent life threatening disability. Would you ask a member of another minority (a black man for example, I thought the days of the Jim Crow laws were gone)to show papers? I will voluntarily show my service dog’s id when it is a requirement for a person with a cane or wheelchair to show proof that they need that medically necessary equipment too. The only exception I have made to this stance was when I needed an ambulance transport after an auto wreck and had blood gushing from my head. That is the only time I have shown her id, because I did not have time to argue. I guess that many of you feel that the service dog handler that needs to make an unplanned stop without proper gear and id should just be out of luck.
Businesses are allowed to ask certain question regarding service dogs and the handler must give creditable responses. A business owner can take classes or talk to advocates that will help them understand what to look for in a response and how to successful and without facing the prospect of litigation weed out the fakes.
Nobody has a right to know what my medical condition is, that is personal information. I have a pat answer when I am asked this question, “Sure, I will tell you, if you tell me when you last has sex, with whom, and how you performed” or some other request for highly sensitive information. I can choose to share this information with those that I want to know. It is often freely given information at the health and safety classes and disaster responder classes I teach for Red Cross. It is shared with my county ems, police, and fire departments, because their knowing is in my best interest (and because during a disaster I work closely with them). But telling is and always should be my choice.
My questions about national or state certifications include:
1. How do we ensure that the cost makes this requirement obtainable for all? If you do not think that this is a serious problem, try living on social security disability.
2. Who sets the standards and who decided what tasks the dog has to perform for each of the multitude of disabilities? And at the same time, enure that each dog is individual trained to perform work or tasks suited to my needs. Not everyone with the same disability needs the same help. Lets not sterotype a disabiity!
3. Who quantitatively defines significately limits a major life function? And then how do you apply the answer to a subjective disability like chronic pain? Trust me as a chronic pain suffer (for spinal cord injuries) while pain can be subjective in its impact on your life it can be very dibilitating.
4. Who ensures that organizations that can self certify follow the rules? Look at the Heaven Scent Paws fiasco and people paid upward of $17,000 for those “service” dogs.
5. Who enures that owner trained service dogs have equal non-discrimatory testing opportunities?
Even with a standard certifying agency, service dog fakes will still exist. Some pet owners will just train their dogs to pass the test. Meanwhile, it just turns disabled individuals with service animals into second class citizens, comparable to Hilter’s requiring Jews and other non-desirables to where the star of David in Nazi Germany.
June 14th, 2008 at 10:24 pm
Ern - Second class citizen? Hitler? Nazi? “…it just turns disabled individuals with service animals into second class citizens, …”. SPEAK FOR YOURSELF!!! How did we go from owner-trained service dogs to Hitler? I trained my own service dog and I feel no one else could have really known my own, unique, particular needs. His job also includes alerting me. I have my own certain scent prior to passing out. Another trainer could not duplicate that.
Anyway, my main point is: over reacting and throwing those awful, alarming words around does absolutely no good at all. Nothing positive can come of it. Instead of listening to you, makes me want to run the other way.
June 18th, 2008 at 1:57 pm
I think people that have a service dog and are renting should not have to have a credit check to rent a place to live, why I think this is when a place says no pets, the manger and owner know by law they have to rent to you if you have a service dog. They get around this just by saying you have bad credit, how many disablity people will know if this is true or not and then the manger and owner wins. I think the United States should pass a law were people with service dog can not be ask to have a credit check when renting.
I knowing people that had this happen to them and they had good credit report it very hard to show that they did this because you have a service dog, how many disablity people have the money to take these people to court for not letting them have their service dog live in the place they want to rent.
June 18th, 2008 at 2:02 pm
If you think people with service dog should not have credit checks when renting a place pleace email your state governer or sentor ect. To get this law pass in every state. Also if the place says we still need a credit check they should be fine big time and two weeks in jail.
Please help get this law pass soon!!!
June 18th, 2008 at 2:07 pm
Service Dog should all have to learn 10 task to make it as a service dog and if they don’t then they should not be able to be out in public as a true service dog!
Now day all a service dog needs to know is 1 to 3 task to be able to be called a service dog.
What do you think? Should they learn more Task!
June 24th, 2008 at 1:03 pm
obviously ADA doesn’t care about other people and since the regular people don’t get the attention of an disable person, they would try to pretend that they are disable, such as the service animal issue. I am very upset. I have to deal with people who lie about their dog being a service dog every day. this is to the point that I’ve got emotional distress and I want to quit my job. I work at a hotel that charges people a small fee for having their dog with them in the room. God, you won’t believe how these people act when it come to pay the $50.00 fee for that. They never bring certificate or anything to proof their dog is an service animal and when I look at the dog I tell you, the dog needs assistant more that the dog owner. Some times they are a little Chuwawa dogs with pink ribbon tighten to their ears and it just kills me when I see these people trashing the LAW and the government doesn’t care to protect the real victim. Trust me I have seen people who came to our hotel and in fact their dog was service animal. they had every thing with them. the dog certificate from ADA, special vest and the actual person was on a WHEELCHAIR. the people who are really disable are very polite and they always have what is needed to proof for their dog. I give you one tip, the people who are rude and disrespectful are the one who are lying about their dog. One another thing. I get people who are allergic to dogs and cats and ADA don’t care and government supports that. One time this lady came to our hotel and checked in to our hotel and two min later we had to rush her to hospital because she couldn’t breath. she was allergic to pets but you know what are we gonna do. now you may thing she might lied. well, how come people can lie about their dog being a service animal,but allergic people can’t?? trust me her face and hands were deep red with dots. I almost wanted to cry. Also one of my co-worker is extremely afraid of dogs to the point that one time she turned around and saw the dog behind her and she was getting an heart attach. She was shaking so bad that we had to take her home. I wish ADA could have some heart for such people too. you shouldn’t loose your leg or eye to be protected with law. We can’t stop people who say their dog is service dog to check in to hotels. And it’s all because of the thoughtless law of ADA. I think the ADA needs to get their act together or we need to do some thing. We all have rights in this country. this country doesn’t belong to disable people only. I am a real supporter for providing every thing to Disable people as much as we do to a regular person, but come on let us know who are we helping. ADA: DON’T SUPPORT FRAUDS
June 24th, 2008 at 1:04 pm
Done
June 26th, 2008 at 3:09 pm
This is for Perry Under ADA you can’t ask for certificate all you can as is it a service animal and 1 task it does for you. Also you can’t ask a person with a a service dog to pay a pet deposite either. If you see a very small dog with a person it 95% of the time its a Hearing Dog or Emotional support dog to have a ESD in a hotel you need a doctor note saying this is your medican and you can’t make them pay for having the dog with them. ESD are not covered under ADA and you can make them have a vest and patches on ESD before letting them stay in hotel. You could also sell ESD patches in Hotel as well if you want ro go online to Pup’parel it would be best to have a scarf with this patch on it already when you sell it. I would charge $29.50 for it and you would make money from this, Just order 12 scarf and see how it sells.
July 8th, 2008 at 5:06 pm
I am a social worker,a dog trainer and a person with a disability.I watch my clients experiance all kinds of discrimintory behavior from poeple who think they are exposing frauds.The ADA is a good law, it protects businesses from misbehaved service dogs by allowing them to ask the dog (not the handler,trainer or person with a disability) to leave if they are a direct threat. A vetran may have any number of nonvisable disabilities ranging from traumatic brain injuries,hearing loss,depression,anxiety,post traumatic stress disorder,seizures,chemical sensitivity,claustraphobia,agoraphobia,soft tissue injuries,connective tissue injuries,nuerological disorders,visual impairment in many degrees,mobility issues,chronic fatigue ect.A crime victim or a first responder may have ptsd just as a police officer,abuse survivor,firefighter,survivor of a natural disaster or violent attack(9/11).A fluffy poodle with a pink collar may prevent someone from having anxity attacks,low or high blood sugar,seek help,retrieve medication,alert to the phone or someone at the door.many people use small to medium sized dogs for space considerations if they live in a small apartment or travel by plane or bus frequently.
Larger dogs may be used for mobility assistance,pulling a wheelchair or scooter,bracing to help some one up from the floor or a seated position, or detering threats and protecting the handler from unwanted touch or crowding that may trigger a seizure, anxiety attack or flashback,or physical pain.
There are thousands of people living with disablities that are in need of assistance animals that they can’t afford or can’t or don’t know how to train themselves.It doesn’t matter the breed or who the trainer is as long as the animal can meet the needs of the handler.When people come to me seeking a sevice animal or wanting to train one for themself I tell them all the organizations I can think of that can help them.I also ask them if they have ever trained a dog before,owned a dog before and what tasks that they have difficulty with so we can determine what behaviors to train the animal to do.All service dogs should have the ability to walk with their handler and not tug to chase, sniff, or greet.All service dogs should have been socialized well enough that they can walk easily by another dog no matter how distracting that other dog may be,that means no lunging,barking,winding the leash around their handler.A service dog may be trained to be friendly, aloof or protective. the work of a service dog is stressful( physically and mentally) for the animal and takes up to two and a half to three years to be trained and ready for the correct handler. Please know that not every dog has the physical or psychological makeup to be a canidate for training.All service dogs should be able to sit,lay down,and get along with other dogs and nonthreatning strangers.wheather you are a buisness owner,employee,or observer educate yourself and others about nonvisable disabilities.Someone may not need your help crossing the street but might like a well informed advocate to back them up and protect their right to privacy.
If your are a person with a disability learn your rights and how to advocate for yourself or others appropriatly.You are not required to identify your animal and if they are well socialized and trained it will be less of an issue.If your service animal is aggressive to other dogs or people get them to a service dog professional trainer for a tune up ASAP! If you want to avoid hassels or encourage education opportunities carry an ADA card,ID patches,tags,vests,neck bandanas or other identifyers.If a dog is not aggressive,destructive it should not be an issue.Some people want to help but think that attacking fraud and regulating ,certifying, liscencing is the answer.If that is your belief remember to keep in mind the disabled people that will have to pay fees navigate red tape and put up with the uninformed and self appointed. If you really want to help volunteer to do community education and advocacey.If you want to really really help, examine your control issues and biases.If you want to really really really help, learn to train service dogs (this should take you 3-5 years and thousands of dollars)and then teach people how to help themselves.If you want to sponsor a service animal there is plenty of need and plenty of excellent organizations and trainers.
July 11th, 2008 at 9:49 pm
[…] Itchmo: News For …These people lower the status of actual service animals in the public mind.http://www.itchmo.com/service-dog-law-may-be-exploited-due-to-loopholes-2644Response for Peter Pfeifer County Commission - The Citizen.comYou??ll have to ask washington DC […]
July 19th, 2008 at 4:18 am
Annie from Texas said on 4/1/2008
“my little guy gives me great comfort and helps to keep me calmed down.
he is very well behaved…not a snapper..I am more likely to bite than he is !
I certainly think I qualify to have a service dog and family and friends agree.
I just don’t know how to do it…any advice ? We are in Texas..”
Annie… See the folks at Top Dog Service Dog Training
http://www.topdogusa.org/
And for so many of the folks who said that the poor business owners out there have no way to (or at least don’t) know how to determine whether a dog should be allowed Public Access, see http://www.ada.gov/svcabrpt.pdf for a useful brochure that can either be printed out and handed to under-informed biz owners or just referred to (so they can look it up for themselves).
I have often referred biz owners to this DOJ publication. In fact, prior to making a trip of any length away from home, I go to Kinko’s and print out about 20 of them and keep them in the car to hand out. Although I _will_ win the argument for SD public access (since the law is on my side) the ADA Business Brief can shorten that argument from 20 minutes (or longer) down to 2…
July 19th, 2008 at 7:11 pm
The issue is not about service dogs in stores,planes etc.. It’s allowed by law. the problem is that there is no law preventing pets in stores, or eating establishments.
Service animals need to be respected and official ( i know more paper work). Store mgr’s and or greeters should be allowed to ask nicely or make a very visible tag for the animal ( I must show my my ID when asked).( By the way I am hearing impaired due to an industrial accident)
People faking disabilities and pretending to have service animals should be prosecuted with huge fines. It would only take a couple well publicized court cases to stop the abuse.
Stores need to replace the signs that say service dogs welcomed and replace them with no pets allowed as per store policy
and make the “NO Pet policy” a law and enforce it.
I am so tired of dogs and cats in the food section of my grocery store and store managers too afraid to do anything. All they really need to do is ask is that your pet? if they answer yes, then it’s not a service animal! Then ask the person to leave.
We the disabled need to be less sensitive about being asked about a service animal. Because there are so many inconsiderate people in todays society are wrongfully taking advantage of the ADA rights the people with service animals are suffering.
We need stress NO PETS! make it a standard law for stores. Right now I can bring a pony in walmart and no one could stop me. Just today I saw a dog in a stroller and a 3-4 month old Lab being carried while the toddler walked…NO PETS Allowed
July 21st, 2008 at 9:07 am
Reading this article and the comments left everybody is debating emontional support vs. visual disablity service dogs but what nobody seems to have mentioned is seizure dogs. My mother has eplisey and she has a trained seizure dog. I think it’s wrong for people to abuse the ADA laws but you cant enforce them without all service dogs being suspect
July 21st, 2008 at 7:13 pm
I think these comments and discussions are valid, but would remind everyone that probably the numbers of individuals “faking” the label of “service animal” are probably much lower than our hysteria might lead us to believe. I also believe that emotional support animals should be an accepable category, as long as some kind of licensing/training process is involved. As always, it seems it is the sheer “unmeasurable” quality of emotional suffering that is really motivating resistance, but, after all, how measurable are most forms of human disease and suffering? It reminds me of the still-continuing debate regarding physical pain that has led to humans/animals being under-medicated and under-treated for pain for so long. It was not until the mid-nineties that we began to properly inquire about and treat physical pain, but this huge change only came about because the Federal Government discovered that untreated physical pain is the single most expensive aspect of medical care in America today. It was only after massive studies done to determine how to save money in health care, that treating for pain has become accepted: now being called the “fifth major sign”, pain level is measured along with blood pressure, heartrate, temp, and respirations. As always, we are afraid to admit to what can’t be quantitatively measured. So, too, are we reticent to admit to mental suffering. The point is not to deny ED animals, but to figure out their role and provide for it. In summary, I believe that discussions about those abusing the role are misplaced, that those abusing the Service Animal role are probably far smaller than we fear. The whole discussion smacks more of “urban legend” than sound reality. However, we have an extremely effective weapon against these people, in the form of public shame associated with exposure. And finally, let’s admit that what we are really afraid of with regard to emotional health and service animals is the unmeasurable quality of this pain. But is it really that hard to validate and measure? Do you really know anyone rushing out to get certified as “under the care of a mental health professional” just to carry a dog around in their purse? The label is so shaming and destructive to one’s future employment and relationships that we have to pass laws to protect people so-labeled from discrimination! Thanks for thinking and listening….KB
July 30th, 2008 at 11:21 pm
wow I am really surprised how stupid some people are and i am not sure why people in this forum thinks it is about people using a emotional support animal but i wanna put a few ideas out there to think about 1st one is what would make you think someone blind has more of a disability than someone that has ptsd and can not leave his home due to extreme anxiety and if you do not believe that this exist read the news about the soldier that just overdosed on drugs to deal with his ptsd this soldier killed himself because he could not cope with what he has done and seen and this guy also was in a 6 month in patient program to get better which did not work so lets just say he could have had a dog that kept his mind busy and helped him cope in public he could possibly be living today my second point is people have said they could take there lapdog into a place and say it is a emotional support dog but it could pee on the floor and it would be unsanitary and there is nothing this person could do well lets be realistic if you can not potty train your dog there is no reason to train him for a support dog because they can still kick your dog out if he is not a well mannered obiedient dog and also these disabled people that need these dogs are on a fixed income so for them to take the 12 to 20 thousand dollars they make a year and buy a 6000 dollar dog is not only crazy but very unrealistic so they will have to train there own so maybe the public will see there dog is not perfect and maybe they will realize the problem and when they donate will support a service that trains dogs for the disabled so instead of complaining put your money where your mouth is just to let you folks know where I am coming from I am a disabled american vet and I am 100% disabled with ptsd and if I did not have a service dog I would not leave the house she makes me feel like someone is watching my back and she is a smaller dog a shiba inu but she is more aware than i am and thats hard to do and that is why i picked this breed because they are kinda like a fox very shy and timid and is aware of everything so just because it is not a shepard or lab does not mean it does not get the job done my dog is very well trained she reminds me to take meds if i am stressed she will take me out of the situation and if that is not possible she will start to try to lick me and show me attention so please realize there is not one disability that is worst than the other because that is in the eye of the beholder
brad biggs