Okay I'm going to start this off with an incredibly important point:
I am NOT a lawyer.
The only "legal-ese" that I base my knowledge of service dog laws on is what comes from Title II and Title III of the Americans with Disabilities Act (ADA) which is:
"Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability."
Now, you may be asking yourself "Okay well what does that mean 'work or perform tasks'?" The ADA "Frequently Asked Questions" page has that covered as well:
"The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure."
These tasks can also include such things as going to get a juice box when the dog senses a lowering in blood sugar, opening doors for people who use wheelchairs, assisting in taking socks/shoes off for those of us that get lightheaded or dizzy when we bend over, or (like Zido and me) the dog is trained to tug while walking on harness so that the person's heart doesn't work as hard for them to walk. I also use Zido when I'm on the ground and I need to stand up. He is trained to plant his feet and I can place my hands in specific locations and put my full weight on him to help me stand up.
According to the ADA, simply providing comfort to their human does NOT qualify as performing a trained task in order to be recognized as a service dog. That is what's called an "Emotional Support Animal" (ESA). Rights for people with ESAs generally fall under the Fair Housing Act because GENERALLY, ESA rights do not extend outside of a house (airplanes are different but there are separate laws regarding air travel.)
There's another category of assistance animals known as "Therapy Animals." You have probably run into them at hospitals, nursing homes, libraries, special education classrooms, and a few other places. People with therapy dogs have VERY different rights as compared to service dogs under the ADA. According to the National Network website (look specifically at section III):
"Even though some states have laws defining therapy animals, these animals are not limited to working with people with disabilities and therefore are not covered by federal laws protecting the use of service animals. Therapy animals provide people with therapeutic contact, usually in a clinical setting, to improve their physical, social, emotional, and/or cognitive functioning."
This means that the rights for a person with a therapy animal extend only so far as to the place they are ASSIGNED to work. So if I have a dog that I have certified as a therapy dog and have an agreement with Children's Hospital to come on Wednesdays and Saturdays to the pediatric cancer ward between the hours of 10 a.m. and 3 p.m., that's as far as my rights extend. If on my drive to Children's I have to stop at Giant to pick up some candy for the children, I CANNOT bring my therapy dog into Giant with me, because that is not his assigned location of work. My only public access right is specifically where and when I have an agreement to work with him. I know that's a little redundant, but that's an incredibly common mistake that I run across very often so I want to be sure that the difference is understood.
Okay so now that I have all of that legal stuff out, I'm going to go to strictly my opinion. To put it as bluntly as I can, there is no excuse for someone to pass off their dog as a service dog when they are not. None. Zero excuses.
When Zido was born on April 10, 2012, he basically went straight into training. Of course, he spent many many weeks with his mother and siblings and was in no way, shape, or form taken from any of them before the right time. But as soon as Canine Partners for Life (CPL) breeds a litter of puppies, they start taking notes. They see behaviors: they look for the brave ones, they look for the timid ones, they look for the ones that show problem-solving skills. They see everything. When the proper time came, Zido was then placed with a Puppy Raiser. I stay in contact with this family to this day, and I cannot stress how important their job was for that first year of Zido's life. Not only did they have to deal with the naughty puppy stage (they told me they still have baby-safe products on their cabinets because of Zido), but they also taught many many many of his most basic and most important skills during the year they had him. Right away, he was learning sit, stay, down, heel, back, front, side, leave-it, etc. Each month, they had to fill out a review form on Zido's progress and had to attend training sessions at CPL twice a month (I believe it's that often).
Then, after that first year, the family gave him back to CPL so he could be trained for his future partner. AKA...me. I can't even imagine the pain they went through saying good bye to him, but every single puppy raiser I have ever spoken to has said that seeing the change their dogs make in the lives of their partners makes each tear, each pee-stain, each "Zido...NO!" worth it. Once Zido was back at CPL, he went through another year of intense training. Here, he learned how to pick things up, open doors, take off jackets, tug on harness, turn on/off light switches, open refrigerators, and the list goes on.
THEN after a year of that training, CPL went through all of their applicants to place their dogs with the right person. I was placed with Zido on August 8, 2014. On October 10, 2014 my mom and I packed everything and basically moved to Pennsylvania for 3 weeks of INTENSE training (see my blog posts from back then to begin to understand the intensity of those 3 weeks). It was ONLY after we had successfully completed those weeks of training that we were certified as a service dog team and I could take him home. But don't think for a moment that the training stopped there. Aside from the daily obedience training, there were SIX TIMES during the first year together that we had to travel 4 hours up to CPL, complete a 2 hour Graduate Support Class, and drive 4 hours back home. Then, at our 1 year anniversary, we had to be re-certified and now we will have to go up to be re-certified every 2 years for the rest of our partnership.
"Courtney, why are you telling us all of this? We get it...Zido is well trained. What does this have to do with fake service dogs?" It has EVERYTHING to do with fake service dogs, because you see, Zido had to go through 2 1/2 YEARS of training before we began our life together. I had to go through 10 YEARS of living with a disability that could put my life in danger at any moment of any day before I could have the security that Zido gives me. CPL has invested $30,000 into EACH DOG during their lives. Before I was even born, people with disabilities were fighting to have civil rights when the ADA was passed (July 26, 1990). And you know what? The moment someone chooses to go online, buy a "service dog vest" for $60, pay for a doctor's note from some online forum saying they "deserve" a service dog, put the vest on Fifi and walk into Target, they ruin it all.
Legally, I have the right to walk into any establishment with Zido and no one can tell me to leave because I can't have my dog there. For me, it's frustrating beyond belief when I am told to and I have to fight for my rights to be there. When I just want to go on a fun date with Zack and I have to instead pull out my law book from Zido's pouch and prove that I have every right to have my dog with me, I'm only thinking of the ones who ruined it for me. Because I have to think that maybe that business has had a horrible experience with people claiming their pet is a service dog in the past and their tainted view is now being applied to me and my dog. According to the ADA, a business is able to ask that the dog be removed from the premises when the dog becomes out of control (i.e. barking, growling, relieving itself, interrupting other customers, walking around unsupervised). From that moment on, that business most likely thinks that ALL service dogs are disruptive and should not be allowed in. However, that's illegal, but businesses DO have some rights when it comes to service dogs. The sad part is that many businesses are too scared to ask someone to leave because they don't know their rights as a business.
Legally, a business is allowed to ask TWO QUESTIONS of service dog partners (also on the "Frequently Asked Questions" ADA page):
"(1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform?"
They (and any other strangers) are NOT allowed to ask WHAT disability the person has.
If a person can't answer either of those questions, the business is allowed to ask the person to leave the dog outside. Note: the PERSON cannot be denied services, but the DOG can be denied access. Of course, people lie. That's the hard truth of humanity. So when they lie, and they keep their untrained, non-service dog in the public's eye, they become the example for the rest of us.
Too many times, I hear horror stories of "service dogs" and while it often times leads to a compliment on Zido's temperament and behavior, it still infuriates me knowing what people are doing. I've heard of a lady that let her "service dog" walk around during a yoga class and go up to people. I've seen "service dogs" with full-blown muzzles around their mouths to keep them from biting people. These are just two of the stories I can recall, but trust me there are plenty.
(Also, side note, there's a reason they are called service DOGS. The ADA covers dogs and miniature horses as service animals. No other animal is recognized as being an ADA-approved service animal. However, there are therapy ANIMALS because there are no restrictions on what can be a therapy animal. Fun Fact: during training, I had to read an article on a "service snake" that wrapped itself around the human's neck when it sensed an impending seizure. My analysis? The snake was sensing an impending weakness and was preparing to suffocate the human. But that's just my opinion...)
Through all of this, what I'm trying to say is this: when a person chooses to take their pet out in public because they "just can't stand the thought of leaving her at home" or they "think this would be therapeutic for him" or whatever else they tell themselves, I want them to think of two things:
(1) It is a SCARY world out there. There are a lot of sounds, smells, people, quick-moving small children, and sights that little Spot has never encountered during his day-to-day life at home or on a walk around the neighborhood. And he loves it. When his owner takes him to Target because they want to, he is TERRIFIED of everything he is being exposed to. I'm sorry, but if they care SO much about their dog that they just can't stand the thought of leaving him at home where he is comfortable and happy, and instead choose to throw him in a situation he has never experienced, I'm thinking they're actually being pretty selfish and thoughtless. I don't care how "well trained" they think he is. He is a dog, and when a dog gets scared or threatened, he's going to do what he knows he needs to do to protect himself. They're just asking for trouble.
(2) They are ruining the day-to-day life of those of us who NEED our dogs. How would you like if you walked into a store, and you notice five separate employees eyeing you during your trip just WAITING for you to do something. One of them finally has the courage to come up and say "Excuse me, ma'am. We have a strict 'no blonde' policy so I'm going to have to ask you to leave." It sounds ridiculous right? Well you know what, Zido has become a part of me. I could just as successfully separate myself from him as I could cut my arm off and continue on my day. When a store only has poor experience with service dogs, as much as it hurts, it's no wonder they're going to ask. It doesn't make it legal and it doesn't make it right by any means, but it makes sense why they would ask. People passing off their dogs as service dogs are the reason for that.
If you can't tell, this is something that I'm incredibly passionate about. I dream of working in the Civil Rights Division of the Department of Justice so that I can help make the lives of all people with disabilities better. If you have any other questions, or if you have KIND comments, I would love to hear them. I will remind you that I am no expert in the law. I will either Google an answer for you or contact someone who can help, but I would love to talk about this more if anyone has any questions.
I know I normally say "Up next on Zee and Me" but to be perfectly honest, I have put so much thought and emotions into this post that I haven't even thought about what my next one will be. All I can say is stay tuned because another one is coming up.
Love and blessings,
Zee and Me
You are amazing - I love how much thought, emotion, and detail you have put into this! Thank you for being a voice for this incredibly frustrating situation that you and so many others have to deal with on a daily basis - it's beyond incredible that people would think that their animals would rather be stressed out in an unfamiliar environment than left in the comfort of their home space, simply to make the owners feel better about themselves and to show off their pet. Love you pretty girl, keep up the good work!
ReplyDeleteWhat are your thoughts about owner trained service dogs? Unfortunately there are not enough dogs from training facilities to go around to all those in need, especially quickly enough to handle the need. I wish there could be. But, some have no choice but to owner train their own service dog. Here in Arizona, dogs in training have the same rights to be in public as much as a trained service dog. After all, they do need to be trained in real world experiences. There needs to be more support for owner trained service dog people. Having said this, yes, I totally agree that 'fake' service dogs should not be allowed or taken or passed of in public as a service dog. But, just wanted to put it out there that there are 'service dogs in training' that will be out there, and not 100% perfectly trained as a facility trained dog, but they are working on it. I would love to see more facilities reach out and help those who do have to train their own service dog. I would also love to see the judgment against small dogs being service dogs come to an end. Not all service dogs are '4 on the floor' either, because of what they need to do. There is an 8 yr old little girl, with severe food and chemical allergies, who has a 12 lb little dog, who will sit on her lap or next to her in places in order to alert quickly enough. I have a very large service dog, because he is a mobility assistance dog. Without him, I would still be in a wheelchair or using a walker. But he is an owner trained service dog. I have just as much right to have him with me as a facility trained dog. I have a letter from my doctor, and he is being individually trained for my specific needs and has even saved my life twice in just three months. Hopefully the 'fake service dog' label does not cross over onto owner trained service dogs.
ReplyDelete(My reply was too long so I'll publish this in 2 parts!)
DeleteHi Nancy! Thank you for your comment and interest in my blog. So I want to remind you and anyone reading this that I'm only speaking on my personal opinions and not from the viewpoint of any organization. Also, that personal opinion is based on my experience with my dog from a certified organization, so I can't speak for any other organization or anyone else's experience.
So it looks like you're asking a couple of questions here. First, I agree that there are not enough reputable organization-trained service dogs to help all those who need it. Also, receiving a service dog is an very steep financial undertaking, and personally I wish more insurances would cover them as the medical equipment that they are.
So when I've said anything about "fake" service dogs, that was never aimed at service dogs in training. Obviously, ALL service dogs have to go through training before they can begin their work. Most of the time, that training takes place when they are puppies so of course they aren't going to be as consistently well-behaved as a fully trained dog. Their trainers, however, are expected to immediately correct the behavior and clean up after any unintended messes, but when a puppy is in training, they should definitely not be held to the same exact standards as a fully trained dog. That's why having them in a vest or harness that explicitly states "Service Dog IN TRAINING" is so important! It's like when people have "Driver-in training" stickers on their cars. It just adds a certain level of expectations for others :) As I said, I know that even during their puppy training days, the dogs at CPL are being constantly monitored and reported on back to CPL so the trainers will be properly advised. I'm not sure what the laws are for the puppies in training around the country, so I don't want to speak on anything I'm not too sure of so I encourage you to do some research and I'll do some myself to learn more!
Pt.2
DeleteSo the next thing you mentioned was owner trained service dogs! I think that owner trained service dogs are completely wonderful options and should not be looked at as different from organizational trained service dogs. I do think, however, that there should be some professional certification that takes place before a dog is called a "service dog," but obviously that's not legal. Legally, there are no certifications required to call a dog a service dog and personally, I wish there were stricter laws on this subject. Those laws, while adding an extra step for many who owner-train, will allow all of us who have service dogs to know that there aren't any (or at least less) fake ones that put a bad light on organizational- and owner-trained service dogs. There are also a sad number of organizations out there who take advantage of the fact that many people are completely desperate for the help a service dog offers, so the organizations will take advantage of that. I know of some that ask for a certain amount of money, send you a puppy and a book and say "good luck training!" and that's it. I always recommend that before anyone goes through the process of receiving a dog from an organization, that they make sure it is Assistance Dog International (ADI) certified so that there is at least a base-level of reputability to the organization. I would personally be cautious of any organization or trainer that isn't ADI certified because ADI has certain qualifications that must be met.
As for size limits on service dogs, there should definitely not be a limitation on it's size. As long as the dog can help its partner and is able to be in public without causing any issues, then there should be no stipulations on size!
I'm not sure if those answered your questions but it was just a basic overview of my thoughts on it! Thank you so much again and I hope you enjoy my blog! Give your little (big) guy a big hug from Zido and me!
Amen, owner trained service dogs are needed but they should have to pass the ADI (assistance dogs intetnational) public access test or some equivalent.
DeleteThank you for your post Courney. I am a service-connected disabled Veteran, and now going through the process of training my own Service Dog. I have worked with a Service Dog organization for the past 5 years to help others like yourself with the training and placement of these life enhancing animals. (We are ADI certified, and we do not charge for any training/placement fees of the Service Dog).
ReplyDeleteI too am extremely bothered by the "fakes" out there and have run into many situations as well. It is unfortunate and sad.
Because the VA doesn't recognize all types of Service Dogs (presently only Guide Dogs are fully recognized, Mobility dogs in certain capacities are also recognized if criteria is met), the recent change in policy to let anyone bring ANY type of Service Dog to a VA facility has caused an influx of the purchase of these fake vests and credentials. I witnessed a very small breed dog, vested, urinate on the wheelchair of a non-speaking veteran as he was being discharged with his wife to Hospice. That owner was infuriated when I contacted security to have it removed - it was loud, disruptive, and not in control - but he said he had the right to have it there. I pointed out the questions that you are allowed to ask - and Security followed through. The gentleman left and said he would lock the dog in his car since we were violating his rights. I always have my laptop with me - and my business card for the organization I work with. I pulled up the ADA website and information and provided it and several other resources to the Security staff so they knew what they could ask, and how they could handle situations. They have since been in contact (as well as several other stores locally that somehow found out about the situation) and asked for training for their staff to insure that legitimate working partners had no access issues.
Thank you for your blog, your honesty, and sharing your journey.
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