Wired Magazine Article Encourages Service Dog Fraud

A reader brought to my attention this week  that Wired Magazine published an article, The Cheat Code to Life, encourage their readers to pass off their pets as service dogs to gain entry to places and avoid fees. 

BRING MR. FLUFFY ANYWHERE: SERVICE DOG VEST ($33) 
Make every day Take Your Dog to Work Day and go everywhere—the coffee shop, the grocery store! How? Simply dress him in a vest that just happens to be bright orange and slap on a “Service Dog” patch. VIP status: confirmed.

My response: "I can't believe Wired Magazine is so desperate for content that your editorial team has decided that encouraging people to commit federal fraud by claiming that they qualify as a person with a disability under the ADA and that their dog is a service dog under the definition found in the same law. As a person living with a disability who has worked service dogs for over 12 years and has to deal with aggressive dogs, unhousebroken dogs, and off leash dogs in public all being passed off as service dogs causing  the community of legitimate service dog experience additional requirements such as current letters of medical necessity for people experiencing psychiatric disabilities to fly, the necessity to add to the definition that a service dog must be unhousebroken, under control, not aggressive and more. I urge Wired readers and editorial staff to consider the damage passing off their dog as a service dog does to people who require the assistance of a service dog to live their life considering legitimate and legal ways they can ask for their dog to accompany them and avoid fees such as developing a pet resume for them, or simply asking permission from the business they wish to enter. For a more on how serious the effects of service dog fraud have on the service dog user community visit http://servicedogsawayoflife.blogspot.com/search/label/community%20issues.
Sincerely,
Melissa Mitchell
Service Dogs a Way of Life

Commentary: Certification- A Myth in The USA

When I read this "GOLIATH is a five pound black Chihuahua, Department of Animal Services certified Assistance dog with a Canine Good Citizen Award from the American Kennel Club in Washington D.C." (from Dastardly Landlord Evicts Five Pound Service Dog On Christmas Day) I decided that this topic was beyond ripe for commentary.
There is no requirement in the ADA that a service dog be certified and there is no such thing as a national certification in the USA- period. Meaning there is no:

• Nationally recognized, standardized test that dog and partner must pass in order to a service dog in the USA. 
• Agreed upon industry set of behaviors or cues beyond those of standard obedience that a service dog must know
• Standardized set of documentation that a person with a disability utilizing a service dog must have or be able to obtain before having a service dog
• Requirement that a service dog team be registered in any database (hint these are money making schemes)
• Requirement that a team have and or show any special ID, collar tags, leashes, harness or any other identifying articles

What does exist and always has since the term service animal found its way into our legal history in 1990 is a for an animal to be a service animal are requirement that the animal be trained(note the past tense here- service dog candidates, potentials or otherwise still in training hoping one day to be a service dog are not covered in the ADA definition of a service animal) to perform tasks to mitigate a person's disability and that the person meet the definition of a person with a disability as defined under the ADA also. What also exists are dog teams that are trained, placed and supported by programs staffed by people skilled in training and assessing both people with disabilities for the appropriateness of a service dog assistant and training/placing potential service dogs with the needed skills. So why does this myth of certification persist?


The United States has taken the procedural/ legal route to providing protections and rights to certain classes of people. People must go through (or be prepared to go through) certain processes to prove they meet the definition of a protected class or person entitle to certain rights. Service dogs are a tool utilized by some people with disabilities as a method of accommodating a disability allowing the person to better access public spaces and services. When the idea of service dogs first took hold in the U.S. following WWI with the introduction of dog guides for people who where blind all of these teams were trained and matched by the dog guide programs. These teams worked hard over the next decades to prove that they and their dogs were safe and non-disruptive in public while showing the general public what a capable person with a disability and a highly trained, well cared for dog can accomplish together. The program model with experienced trainers, veterinarians, and skilled disability service providers became what people associated with service dogs. As the industry expanded the types of disabilities a dog could be trained to assist with and the number of programs training them blossomed. Programs are only capable of training and placing dogs for people with disabilities meeting the skills that the trainers know how to train dogs for and have the time to train while trying to meet the needs of those already waiting. The demand for service dogs far exceeds the ability of the system to supply the with the average wait time somewhere between 2.5 and 5years. So some people with disabilities who could possibly benefit from the assistance of a service dog cannot  find a program with the time/resources to train a dog for them. Still others could get a dog from a program but can't fathom waiting for five years for help.

The assumption that certification exists extends from the procedural/ laws based cultural approach to providing accommodations/assistance to people with disabilities in the U.S. This approach says that only people who meet certain legal definitions and thresholds get accommodation and in order to get them they must prove (or be able to) that the meet the legal definition to request accommodations and that those accommodations are reasonable. This idea is contradicted by the idea that people should not have to prove who they are to have their civil rights. People with disabilities are allowed to use assistive equipment their need to mitigate their disabilities in the public sphere and are not required to have ID, papers, or be in some database to use them.  As with every other part of the ADA in order to enforce it or prove a violation one must file suit in a court of law. It is of course illegal to claim to be something you are not; it's called fraud. However, this is also something to be decided by the courts.
This does not mean we as a public and service dog teams are without any recourse. The DOJ has established Three questions that business owners and their staff may ask and supports a business owners right to ask that any service animal whose behavior presents a threat or whose behavior is not under proper control of the handler with a disability. Also, many places have ordinances meant to protect people from animals who are display dangerous behaviors or are not under control  of their owners. These laws apply to service dogs also. Just because a dog may be a service dog does not give it a free pass to bark, growl or bite people or other animals. Those of us who want to see the right of public access for people with disabilities maintained need to continue to work hard to show the public and businesses what a properly behaved and trained team behaves like and help them to understand that they too have rights. ID cards, vests, and patches are not what make a dog a service dog, anyone with a connection to the internet can get these. What makes a dog a service dog is health, the proper temperament, hundreds if not thousands of hours of training, and being partnered with a person with a disability protected under ADA who they assist.
Moral of the story anyone can buy and ID and a vest or pay for a piece of paper these are not your safeguards against poorly behaved animals, neither is trying to disallow every dog. Businesses and their staff must use common sense and speak up when a team is causing disturbances through more than just being there. A true handler will address their service dog's behavior. As we must ensure our service dog is as unobtrusive as possible... hearing the phrases:
"I didn't know a dog was here!"
"Did you see what that dog did to help him/her? It was wonderful/amazing!"
"I wish my dog was so [insert good, quiet, well behaved here]"
"Your dog is so well behaved!"
"Your dog is so well [insert cared for, clean, or well groomed here]"
Should make your day and tell you you've done it right! 

Commentary: Disagreement Over Service Dog

I saw this story today Disagreement Over Service Dogs and was so stuck by how uninformed the handler seemed to be about what the laws does and does not say about a person with disabilities right to be accompanied by a service dog that I would like to point out and discuss them one by one.

"During lunch one of the dogs started barking.  "He let out a big woof cause he had to go out and go potty," said Jonathan.  "The manager at that point came over and told us that we had to leave because Marriott had a no pet policy and it was disturbing the guests.  Buddy kind of looked at him and went grrrr."

First off, having your dog bark in public is disruptive. There are other more appropriate ways for handlers to communicate with their service dogs. If the dog barked to go out, why wasn't the handler on his way out the door before the manager even got to him. Why did the handler feel is was okay for the dog to "grrr" (which I took to mean growl at the manager? The DOJ Business Brief states:

"A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others." ( ADA Business BRIEF: Service Animals)

If this dog was having an off day, as can happen from time to time, why didn't the handler take the dog out to the car. As responsible partners of service dogs we need to recognize when our partners are overloaded, tired, bored, hungry, thirsty, or just feeling out of sorts and take steps to address each and every possible issue that may be causing our partners to behave in a fashion inappropriate for a service dog. A hotel lobby or restaurant is simply not an environment where a handler can afford to test the ignore it until they stop on their own training principle.

Secondly, having an ID card, vest, back pack, obvious disability or anything else to support that a person's claim a dog is a service dog as defined by the ADA (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.) does not mean the dog can behave however it will with no repercussions for the handler. Service dog teams working in public do have rights and with those rights come the responsibility to ensure that while you are exercising your rights, you are also aware of where your rights end and those of others including business owners begin. See the Minimum Standards for Assistance Dogs in Public. 

As someone who has been working dogs in public for over 10 years, I know it is possibly for even the best dog to have an off day. The best way to handle these occasional slip ups is to apologize and engage the dog's training to get them back in line. If you can't quickly get your service dog under control or if the nature of the problem is such that the dog is creating a disturbance or mess, you should leave in all do speed (all the while apologizing and expressing concern for the situation and your dog). If the dog is ill and you need to go out, handlers should alert staff and inform them of their intent to return and clean it up as soon as they get their dog out. Even people who may need help cleaning up can carry  the necessary tools for a quick clean up. Lodging a complaint because someone calls you on a dog's misbehavior is not the way to go.

Commentary: Controversy over "Fake" Service Dogs

So I open up my email tonight I find yet another article railing against "fake service dogs". Check your Faux Service Dog at the Door heralds trends we in the service dog community needs to pay attention to. First, the general public and business owner's are getting tired of having to guess is it a service dog or isn't it. The article quotes the owner of a Trader Joe's who hesitates to ask the questions the DOJ says businesses can ask because "people get huffy". To those huffy people I say what did you think was going to happen when you chose to take an animal in public spaces where animals are not allowed normally? Of course you are going to attract attention. I imagine these same huffy people are also the ones who complain the loudest when they spot what they believe to be a faker service animal spying on their dog their dog from the safety of a shopping cart. Or could it be that some of these people can't actually answer the questions because they are not a person with a disability, their dog is not task trained, and is not a service dog. I, for one, have no problem glowing about all the the great things my dog does for me. I am deeply proud of the work we put into training, grooming, and finding the right gear to ensure that we would be welcome no matter where in the world we went.

I also have never understood some people's aversion to outfitting their service dogs in a some sort of identifying gear. The argument that a person doesn't want people to know they have a disability has so many holes in it is not funny. These same people who don't want people to know they have disability should realize that dogs as a regular occurrence of dogs in public is still very uncommon, and this will continue to be the case as long as there are irresponsible dog owners who insist on bringing animals who can't handle the stress of being out in public out. No to mention the problem of stinky dog sydrome. Having a dog in public will always draw attention dressing one's service dog in clean, identifiable gear goes a long way in reducing the number of confrontation encounters with business owner's, store personnel, and the general public. Yes, the argument people can't afford to buy vest or other gear. I have known many crafty people who made their own gear, so it can be done!

The article also proposes that certain breeds of dog be banned from serving as service animals. As a dog lover find it extremely sad that entire breeds (that we humans asre responsible for making what they are) are suffering for the actions of a few. These individual dogs are the result of irresponsible human owners yet no one is talking about passing legistlation to ban these humans from making anymore dogs suffer. The Monthly National Legislation Report keeps tabs on all dog related legislation around the country.

Finally, the article pushes for certicification and registration of all service dogs. I think if owner trainers would train their dogs to adhear to the standards set by the professional service dog training community this seemingly inevitable event will be no problem. The U.S. is the only country that doesnot require certification. It is coming, it is only a matter of when. The proposed rule changes to the ADA foreshadow this, we as an owner training community must in sist on high standards within our own community if we wish to stave ofd this restriction.