Service dog questions..?

The US Department Of Justice through the Americans With Disabilities Act defines both "disabled' and "service animal".

If a person has not been legally qualified as "disabled" and/or the dog has not been specifically and individually task or work trained to mitigate the life-limiting effects of the handlers qualifying disability, then the dog is not a "service dog", no matter what it is wearing or how well trained it is.

A simple "note" or "prescription" from a doctor or psychiatrist is not legal qualification of a disability. The task or work must be something that the disabled person cannot do for themselves (seeing, hearing, balancing/walking, among others); the simple presence of the animal ("I feel so much better if Fluffums is here with me") is not a legal task or work and does not allow public access with the animal.

The ADA also has certain standards that service dogs must adhere to, and specifies conditions where the dog may be ejected from places of business and the public venue.Some reasons a legitimate service dog may be ejected include, but are not limited to, excessive barking, urinating/defecating, growling/snapping, lunging on lead, being disruptive to other customers by sniffing/licking/mounting, and many other reasons.

There is no legal requirement for any type of "ID" that has to be presented, a vest that has to be worn, or any other type of "licensing".

There are three questions that can legally be asked of a person who is accompanied by what appears to be a "service dog":

1. Is that a service dog?

2. Is the dog required because of a disability?

3. What mitigating task(s) is the dog trained for?

www.ada.gov/svcanimb.htm

www.ada.gov/qasrvc.htm

If the person cannot satisfactorily answer any or all of the questions, the business may deny access for the animal only; the person may continue about their business without the animal.

Misrepresenting ones self as disabled and/or misrepresenting a dog as a service dog are Federal offenses, punishable by fines, jail time and/or confiscation of the animal. Many States also have laws which pertain to service animals, so a "faker" could be facing State as well as Federal charges.

I suggest the next time you see the idiots with the purse dogs, notify management and provide them with a copy of Federal law that can be found at the ADA websites listed above. Most businesses are terrified of a civil rights lawsuit, but are unaware of the laws that protect them and their customers from jerks like the ones you mentioned with their fake "service dogs". It makes access so much more difficult for those who truly need their legitimate service dogs to lead a more independent life.

It's not my job to judge whether the dog was truly a service dog or not. However, since there are no pinch collars allowed on show grounds, that could have been a problem. There is absolutely no reason a service dog can't be an intact conformation champion. One of our contributors has an awesome one. I've trained service dogs in the past, and I'm sure lots of people looked at me and thought the same thing you do while I had the dogs out for training. Like I said, it's not my place to judge, not for me to stick my nose into, and not for me to get worked up about. It's also not legal for you to "call her on it".

No that isn't true. You must by law have a disability under Federal laws or your state law. If they do not, they can be arrested & in big trouble. They usually have ID cards acknowledging that dog is a service animal. A note from a doctor is an emotional support dog & not the same & not afforded the same benefits. These girls are obvious fakes & I would be kicking their butts out of the stores. All service animals had to be trained to be behave in public & trained to do tasks that their owner needs help with doing or something like alerting them to seizures. Service animals if they misbehave in public can be removed also. Here is a good site for you to read.

http://servicedogcentral.org/content/

I have been informed that all you need is something from a therapist or doctor that you need a dog and any dog will do. Trained or not.

I work at an apartment complex and have had many problems with people having dogs that are not permitted stating that they are service animals. These dogs have harrassed my tenants and maintenance. Unfortunatley those grounds are the only way that I have been able to make the person get rid of them. Then I have the Terapist or doctor down my throat telling me that I violated the law and that person has to have that dog. What happens when the so called "service animal" attacks someone? I am not against anyone having a dog, or service animal but they should be properly trained.

Obviously people who abuse the law this way lack morals, ethics and mental stability. They should be hated... and pityed.

However, as someone who most of the time LOOKS healthy but isn't (I have MS) I can honestly say that judging someone on your criteria could make my life even harder. I already get hassled by ignorant shop and restaurant owners.

One thing I do want to point out to you ~~~

Asking this question HERE and giving details on how to run the scam COULD lead to some of the idiots here abusing the system. ~ Just a thought.

Edit: The issue with attempting to get rid of the scammers is that you risk a Civil Liberties lawsuit *if* you make a mistake (and you BETTER believe *I* will make someone evicting me from a public place a lesson - and I will call the police so they can serve as witnesses).

Edit: As far as breaking the law... Millions of people break the speed limit daily - risking people's lives. Millions of people drink and drive - risking people's lives. Millions of people take illicit drugs- risking their own lives. Millions of people jaywalk - risking their own life and the emotional stability of the driver who hits them. ~ I'm appalled and really hope that more people gain some morals and ethics - as well as concern for their fellow man.

I would rather have a few foolish people take advantage of the system here and there than for the people who truly need the services to be pestered or denied the rights they deserve.

Certainly, I don't WANT to see people taking advantage of it, and I do think there should be some ramifications for doing so.

I don't know what kinds of penalties are in place, but I know there are some people here who would - hopefully they will answer.

Legally, JOAN W is correct. The catch is that there is no federally set guide lines by what a dog must be trained to do, who is "certified" to train them, who is certified to "certify" them, and unless you're about to be arrested, you don't need to show proof of your disability. IT's a catch 22. And yes...the idiots with the dressed up Yorkies are gonna ruin it for people that have an actual need.

No, it's not true. A doctor's note does not make a dog a service dog. Training sufficient to meet the legal requirements and a qualifying disability do.

"Service Animals" are legally defined under federal law 28 CFR 36.104:

"Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling awheelchair, or fetching dropped items."

A move to further clarify this definition based on the department's existing position is underway. The new definition is expected to look something like this:

"Service animal means any dog or other common domestic animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing minimal protection or rescue work, pulling a wheelchair, fetching items, assisting an individual during a seizure, retrieving medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and assisting individuals, including those with cognitive disabilities, with navigation. The term service animal includes individually trained animals that do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities. The term service animal does not include wild animals (including nonhuman primates born in captivity), reptiles, rabbits, farm animals (including any breed of horse, miniature horse, pony, pig, or goat), ferrets, amphibians, and rodents. Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals."

Businesses are indeed permitted to ask you whether you require the dog because of a disability, and what the dog is trained to do to mitigate your disability.

Businesses can indeed throw them out if 1. they act inappropriately or 2. they fail to answer the questions appropriately. In most states, claiming a dog as a service dog when it isn't is a criminal offense that can result in fines and or jail time.

For more information on the legal aspects of service dogs, go to the source (the people who literally wrote the regulations for service dogs under the ADA): The U.S. Department of Justice. They maintain a toll-free ADA information line at:

800 - 514 - 0301 (voice)

800 - 514 - 0383 (TTY)

You should also review their business brief which answers some of your questions:

http://www.ada.gov/svcanimb.htm

theres a website (forgot the name) that you can go on and order an id card with your dogs pics and a vest. no training is even needed. Which is kind of messed up anyone can have a service dog no matter what their dogs temperament is or anything.

Good luck with the therapy dog, it is alot of fun and very rewarding my Pit Bull Ace is one and we went to Galicia hospital he was the first dog ever to accepted and step foot in that hospital people have been trying for years to get their therapy dog in there.

Yes agree with you. Of course they are not service dogs.

Hmmmmm........... have to try that with a rottweiler and see if I get away with it.