Canine Companions for Independence Spearheads Campaign to Stop Service Dog Fraud

Over the years I have published many articles highlighting the damage done by people passing off dogs as service dogs when they are not. Last year Canine Companions for Independence introduced their  pledge to stop service dog fraud and got 17, 500 people to take the pledge; this year their goal is to get 50, 000 people to sign on. I have signed on as someone who has personally experienced access denials and additional scrutiny because people fraudulently passed a non-service dog off as one.It is my sincere hope that as a person reading this blog you will educate yourself and take the pledge protecting the hard fought access right for legitimate service dog teams Take the Pledge

Learn More About The Problem of Service Dog Fraud

Petition Seeks to Stop the Sale of Service Dogs Products for Fraudulent Use

One of the biggest and oldest providers of service dogs for people with disabilities other than blindness, Canine Companion s for Independence, posted a petition urging Congress to take action against the Sale of fake service dog products.They need 10,000 signatures.
Read & Sign Petition

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

News: Oregon Bill Defines Service Animal as Dogs

ORTLAND, Ore. – A proposed change in Oregon law would make it clearer what's a service dog and what's not.

If the Oregon bill becomes law, it would more closely match the changes in federal law when it comes to service animals. It would narrow the types of dogs allowed in places like grocery stores, boutiques and even apartments.

For someone like Patricia Kepler, who has been blind since she was 17 years old, a dog's not just a pet but a necessity. The increasing popularity of allowing dogs in stores and on MAX trains and buses, she says, puts her and her working guide dog, Nisha, at risk.

"My dog has been lunged at, especially in the MAX is the biggest problem," she said. "People bring their pet dogs on the MAX because there is no train operators in each of the cars and she's been lunged at and barked at. It's been an issue."Read More/Watch video

News: My Master Made Me Do It- Service dog Fraud

News: Justice Department settles Veterasn's ESA Discrimination Suit

Justice Department Settles Disability Discrimination Case Involving Disabled Veteran in Utah

WASHINGTON - The Justice Department today announced a $20,000 consent decree that resolves a lawsuit alleging that a Park City, Utah, condominium association and its management company violated the Fair Housing Act by refusing to grant a resident’s request for a reasonable accommodation.
The lawsuit, filed on Nov. 21, 2011, in U.S. District Court for the District of Utah, alleges that the Fox Point at Redstone Association, Property Management Systems and on-site property manager Derek Peterson refused to grant a reasonable accommodation so that Thomas Burton, a disabled combat veteran of the first Gulf War, could keep a small dog in the condominium he rented to help him cope with the effects of depression and anxiety disorder. The lawsuit further alleges that the defendants refused to waive their pet fees and insurance requirements and issued multiple fines that eventually led to the non-renewal of Burton’s lease. Read More

News:m American Bar Association Urges Policies to Accommodate Disabled Persons Using Service Animals

The American Bar Association adopted a resolution in support of policies being developed in support of the accommodation of people with disabilities who utilize services as a reasonable accommodation/ means of mitigating the affects of their disabilities.

RESOLVED, That the American Bar Association urges all federal, state, territorial, and local legislative bodies to repeal or amend all laws or policies inconsistent with the regulations implementing the Americans with Disabilities Act and to implement policies to ensure that persons with disabilities utilizing service animals are provided access to services, programs and activities of public entities and public accommodations in compliance with the regulations implementing the Americans with Disabilities Act in a manner that:

1. Permits the use of a service animal for individuals with physical, sensory, psychiatric, intellectual, or other mental impairments;
2. Provides an individualized determination of whether an animal meets the definition of service animal, recognizing that service animals do a wide range of work or tasks for individuals with disabilities;
3. Provides for a size, weight and breed-neutral policy, utilizing a case-by-case analysis to determine whether a particular animal can be excluded from a public entity or public accommodation based on the particular’s animal’s actual behavior; and
4. Encourages the enforcement by the United States Department of Justice and other governmental authorities with responsibility for implementing the Americans with Disabilities Act, in situations where individuals with disabilities utilizing service animals are denied access to services, programs and activities of public entities and public accommodations.

The supporting document for the resolution provides very clear and concise picture of the legalities supporting and defining service dogs as a concept in the United States complete with relevant case law and examples in just 4 pages of text. I highly recommend everyone have this in your files and personal knowledge bank!

News: Guide Dogs to be given access to St. Peterburg Metro

Guide Dogs in Metro

ST. PETERBURG (SPT) — Visually impaired people will soon be able to enter city metro stations with guide dogs.

A decree on the issue was signed by Stanislav Popov, head of the city’s Transport Committee, but it has not yet been put into effect, Interfax reported last week.

According to the document, visually impaired people will be allowed to bring one guide dog into the metro free of charge. The dog will be required to be wearing a muzzle, a leash and a sign identifying it as a guide dog. The owner must also have a document confirming that the dog has completed a course on guiding its owner in the metro.

News: Enforcing the ADA Report Service Animal Issues Featured

Settlement Under Title II of ADA
 "Title II, subtitle A, of the ADA prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public by State and local governments, except public transportation services."

• An individual with a disability complained that he was asked by a police officer to leave a California municipal park because he was accompanied by his service animal. The police department adopted, implemented, and publicly posted a service animal policy, conducted training on service animal issues for its employees, and provided information to residents on how to file ADA complaints.

Settlements Under Title III of ADA 
" Title III of the ADA, which prohibits discrimination on the basis of disability in "places of public accommodation" (businesses and non-profit agencies that serve the public) and "commercial facilities" (other businesses)."

• An individual who uses a wheelchair complained that he, his wife and daughter, and friends were denied service at a South Carolina restaurant because he uses a service animal. The restaurant adopted and implemented a service animal policy, gave a copy of the policy to each employee, posted a notice welcoming service animals, and agreed to investigate and take steps to rectify any future complaints. They also compensated the complainant $500 and paid a $500 civil penalty. 
• An individual who has myasthenia gravis complained that the outpatient center of a Maryland hospital refused to provide her scheduled medical services because she uses a service animal. The hospital agreed to adopt and implement a policy permitting service animals in its facilities and, in instances when a service animal cannot be in the room during a procedure (such as an MRI), the hospital will provide, at no cost to the patient, a bonded pet sitting service if the patient is unable to bring a companion to look after the service animal. The hospital also agreed to train staff on ADA requirements and compensate the complainant $5,000.
• An individual who uses a service animal complained that a hotel in California refused to rent a room to her because of her service animal. The hotel agreed to adopt a service animal policy, post a disability nondiscrimination notice and a notice welcoming service animals in its reception area, in employee work areas, and on its website, train staff who have contact with guests and visitors on these policies, and pay the complainant $5,000.
• An individual with a disability complained that a Tennessee hotel charged her a $10 pet fee because she uses a service animal. Although ownership of the hotel had changed since the complaint was filed, the new owner agreed to adopt a service animal policy, post the policy and a disability nondiscrimination notice in employee work areas, maintain records documenting new employees' receipt and acknowledgment of the policy, conduct staff training on the policy for all employees who have contact with guests, and post a sign welcoming service animals in the reception area.
• An individual with a disability complained that a Florida resort attempted to charge him a pet fee because of his service animal. The resort adopted a policy welcoming service animals, modified its website and reservation materials to state that there is no charge for service animals, and posted signage regarding the new policy. 
• An individual with a disability complained that she was denied access to a Texas medical practice because she uses a service animal. The practice agreed to adopt, implement, and post a policy welcoming service animals and train its staff on the policy. 

Mediated Cases

• A couple complained that a California restaurant refused to serve them because one of them uses a service animal. The restaurant adopted a policy to serve customers who use service animals, developed employee training on the ADA's requirements for service animals, posted a sign indicating that service animals are welcome, and donated $3,200 to an advocacy organization.
• In California, an individual with epilepsy complained that a Mexican restaurant refused her access because she uses a service animal. The restaurant agreed to serve customers with service animals at both of its locations, trained its staff on the ADA's requirements for service animals, posted signs welcoming service animals at the entrance of both restaurants, and gave the complainant two complimentary lunches.

Read Entire Report

Taylor & Francis Online :: “Not just a dog”: an attachment perspective on relationships with assistance dogs - Attachment & Human Development - Volume 13, Issue 5

Taylor & Francis Online :: “Not just a dog”: an attachment perspective on relationships with assistance dogs - Attachment & Human Development - Volume 13, Issue 5

 We explored individuals' relationships with an assistance dog from an attachment-theory perspective. We used both inductive and deductive thematic methods to analyze semi-structured interviews with 25 participants who had lost an assistance dog to retirement or death. Analyses revealed attachment processes of safe haven, secure base, and separation anxiety. Although attachment dynamics were an important feature of these relationships, caregiving was equally important. When confronted with the loss of their dog, almost all participants experienced intense grief. Most grief responses were consistent with the loss of a caregiving relationship. Findings suggest that grief is a natural response to the loss of a beloved companion who fulfilled fundamental needs for attachment and caregiving.

News: St. Mercy Medical Center settles violation of Section 504 of the Rehabilitation Act

Following an investigation by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR), St. Edward Mercy Medical Center (Mercy), in Fort Smith, Arkansas has agreed to make changes to its policies and procedures to comply with Section 504 of the Rehabilitation Act of 1973 (Section 504).
The settlement resulted from a complaint filed with OCR by a person with a lumbar and spinal disability who requires a service animal to assist him in a number of daily functions, including carrying and picking up items and helping to stabilize his walking. While the complainant sought emergency medical treatment for his father, Mercy refused to allow the service animal to accompany the complainant into the hospital. The complainant was told his service animal was not a “seeing eye dog” and the animal would need to be removed from the hospital because he could not show vaccination records or tags verifying the health of the animal. After an investigation, OCR found that Mercy’s policies and procedures regarding access to service animals inappropriately excluded service animals already being used by qualified individuals with disabilities other than vision impairment. Read More

Motor Coaches (Bus) and The ADA

This is a respost because the answer to the question is so short and sweet:

	Ask Project ACTION “I am a motorcoach operator. I heard the Department of Justice (DOJ) has changed the definition of a service animal to include only dogs and in some cases, miniature horses. How does that change affect me?” Answer: You are referring to a Final Rule issued by the DOJ that made a number of changes to their ADA regulations and became effective on March 15, 2011. For motorcoach operators there is no change in how you define service animals because you operate under regulations of the Department of Transportation (DOT). The definition of service animal found in 49 CFR 37.3 of the DOT ADA regulations has not changed and is not limited to a particular kind of animal. Under 37.167(d) of the DOT ADA regulations, transit entities are required to permit service animals to accompany individuals with disabilities in vehicles and facilities. Service animals are individually trained to perform tasks for people with disabilities, such as guiding people who are blind or who have low vision, alerting people who are deaf, pulling wheelchairs, alerting a person who is having a seizure, or performing other special tasks. Service animals are working animals and not pets. An operator may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards or harnesses for the animal or ask about a person’s disability. Other passengers’ allergies and fear of animals are not valid reasons for denying access or refusing service to people with service animals. Refer to the Federal Transit Administration “Technical Assistance Note (Word),” which aims to clarify that DOT regulations apply to the provision of transportation by public and private operators. View related questions in our Frequently Asked Questions page. Have a question? Ask ProjectACTION by phone M-F 9:00 a.m. - 5:00 p.m. ET at 800-659-6428 or by email.

News: Chongqing (China) lets guide dogs for blind in public

CHONGQING - Blind residents will be able to take their guide dogs on public transportation in Chongqing as the municipal legislature revised a draft regulation on the protection of the disabled on Friday.
The regulation will take effect on Jan 1.
When a third draft of the regulation was delivered for discussion at the meeting of the municipal people's congress standing committee on Wednesday, a stipulation that "blind people can take their guide dogs to public venues and public transportation", which appeared in the second draft, had been removed.
The reason given for the removal was that it conflicted with the local regulations on the management of rail traffic, which say: "No pets and other animals are allowed to be brought on the rail transport system and violators will be fined 20 yuan to 100 yuan ($3 to $15.4)".Read More

News: Fair Housing Lawsuit Filed Against the University of Nebraska at Kearney for Discrimination Against Students with Psychological and Emotional Disabilities

WASHINGTON – The Justice Department today filed a lawsuit against the University of Nebraska at Kearney (UNK), the Board of Regents of the University of Nebraska and employees of UNK for violating the Fair Housing Act by discriminating against students with disabilities.

 

The lawsuit, filed in the U.S. District Court for Nebraska, charges that UNK and its employees engaged in a pattern or practice of violating the Fair Housing Act or denied rights protected by the act by denying reasonable accommodation requests by students with psychological or emotional disabilities seeking to live with emotional assistance animals in university housing. The suit also charges that UNK requires students with psychological disabilities to disclose sensitive medical and other information that is unnecessary to evaluate their accommodation requests.   This lawsuit arose as a result of a complaint filed with the Department of Housing and Urban Development (HUD) by a student enrolled at UNK who sought to live with an emotional assistance dog that had been prescribed.  Read More

Shilo and The Airport Relief Area-Seattle/Tacoma International

 Earlier this month Shilo and I flew for the first time in our partnership to attend the Association of University Centers on Disability Annual Conference in Washington D.C.as both self-advocates and staff of a university center for excellence on developmental disabilities. Shilo had traveled and flown before we were matched, so I was not worried about her ability to handle the unique environments and experiences. She was not happy about getting up at 3 a.m. or missing breakfast on the day we flew out, but she handled everything like the season professional that she is (with minimal griping perceptible only to her partner) impressing everyone with her calm, cool, quiet demeanor. Comments about Shilo throughout the trip included:
"Wow, I didn't even there was a dog on the plane!She's so quiet!"
"I wish children were that good, while flying!"
"My dog would never be that good!"
"We love to have these dogs fly!"
"She is so attentive to you."
On the way out to D.C. we barely had time to deplane, take me to the bathroom and run to our connecting flight, so Shilo had to hold it from 4:30 a.m.PST until 6:30 p.m. EST. Doing the math, that means that she had 11hours between potty breaks. That is why I follow the "high and dry" rule when flying with a service dog wherein the dog skips the meal closest to flight time and free access to water ends and hour before the last chance to empty themselves before entering the secured area of the airport. While on the plane she gets ice to keep her her from becoming desperately thirsty without having so much water that she needs to relieve herself.

On our return trip we had a layover in Seattle at Sea/Tac International Airport with two hours to wait, so I decided to see if we could find the pet relief area inside the "sterile" or secured area. I went right up to the Horizon service counter and asked how to get to it. To my great delight, they not only knew what I was talking about; they knew where it was. Sadly, that was the end of my delight.
While I able to find the  potty area. accessing it or using it would not have been possible If I had been traveling with someone we would not have been able to:
1. Get through the doors. It was a double door entry without much room for maneuvering a chair and manual, heavy doors.
2. Clean up after ourselves. The room had two pee pads on the floor, but no more provided for putting additional pads or clean ones after cleaning up. There was a poo-bag dispenser that was empty. No cleaning supplies for disinfecting, keeping the room clean and smelling fresh..
There were also two three foot deep boxes of litter that stunk to high heaven, hadn't been cleaned in who knows how long, and had no tools available for cleaning up after your dog after they completed there business. The room smelled so much of ammonia; it took my breath away. So, while I was grateful Shilo could relief herself; I was trying not to pass out from the smell of the room, and worried that she was being exposed to germ and bacteria that might make her sick.

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News: Comments Needed on Service Animal Relief Areas in Airports

The Department of Transportation is seeking comment on service animal relief areas in airport by Nov. 28, 2011.

Service Animal Relief Areas

    The 2008 amendment to part 382 requires U.S. and foreign air 
carriers to work with airport operators to provide service animal 
relief areas at U.S. airports. Part 27 does not include a provision 
that mirrors this requirement. As such, the Department proposes to 
amend part 27 by inserting a provision that would require airport 
operators to work with carriers to establish relief areas for service 
animals that accompany passengers with disabilities departing, 
connecting, or arriving at U.S. airports.
    Part 382 does not provide specific directives regarding the design, 
number, or location of service animal relief areas an airport should 
have; it simply requires carriers to provide service animal relief 
areas in cooperation with the airports and in consultation with service 
animal training organizations concerning the design of service animal 
relief areas. However, in a Frequently Asked Questions document issued 
by the Department's Aviation Enforcement Office on May 13, 2009, 
examples of factors airlines and airports should consider in 
designating and constructing areas for service animal relief at U.S. 
airports are provided.\1\ Factors to consider in establishing relief 
areas include the size and surface material of the area, maintenance, 
and distance to relief area which could vary based on the size and 
configuration of the airport. The Department seeks comment about 
whether it should adopt requirements regarding the design of service 
animal relief areas and what, if any, provisions the rule should 
include concerning the dimensions, materials used, and maintenance for 
relief areas.Read More

 People can submit their comments online http://www.regulations.gov/#!documentDetail;D=DOT-OST-2011-0182-0001

News: HUD Charges Washington Property Owner with Disability Discrimination

 WASHINGTON (Source: HUD) – The U.S. Department of Housing and Urban Development (HUD) today announced that it has charged the owner and manager of a Lakewood, Washington trailer park with discriminating on the basis of disability. HUD brings the charge on behalf of the Fair Housing Center of Washington, alleging that Deidra Miller, the owner of Terrace Trailers, and property manager Claudia Welch refused to make a reasonable accommodation to their “no pets” policy for testers posing as applicants with disabilities who needed service dogs.
Read More: HUD Charges Washington Property Owner with Disability Discrimination

Bark Magazine Covers Service Dog Fraud

Service Vest Controversy

EBay listing causes anger

Karen B. London, PhD | August 9, 2011

A listing on eBay for a vest similar to this one ignited a controversy.

No matter what you want to buy, eBay probably has it. Looking for an 1897 Pocket Kodak camera? What about a gold-plated mango fork? Or perhaps you seek a service dog vest about which the seller says, “Use this for your good puppy and take her shopping with you. May have to play blind or stupid, but you love your puppy.”
This listing, which is no longer up, angered many people. Those with disabilities or whose family members have disablities are offended by the suggestion that people should dishonestly claim that their pets are service dogs, when they are not specifically trained in that way. They are concerned about the harm this causes to people with disabilities. The legitimacy of all service animals comes into question when people try to pass off their dogs as service animals. Read More

Unethical or Responsible Pet Care?

Playing service dog to travel first class.

JoAnna Lou | October 29, 2009

The legitimacy and training of service dogs has come up a lot recently, and many of the cases do not have clear solutions. But what about when someone is consciously taking advantage of the privileges granted to service dogs?
With the USDAA Cynosport World Games coming up in Scottsdale, Ariz., I’ve been talking to many of the local competitors about how they’re traveling with their dogs. Some are caravanning in their RVs and others are reluctantly putting their pups in cargo. 
One of the more seasoned competitors mentioned that while she dutifully puts her dogs in cargo, she always sees fellow competitors passing their pups off as service dogs on the plane. Read More

News: Unleashed Dogs Hassle Service Dog

Summertime on the Idaho State University campus is very relaxing.

But many people who are relaxing with their animals on campus and see a service dog don't realize that they are stopping that dog from doing its job.

Mike Riley and his service dog, Annie, are on campus from seven in the morning to nine at night almost every day, researching thousands of pages as Mike works to get his PhD in Political Science. He frequently travels between buildings. Recently, this has become a very stressful journey.

"This is all she knows. And to have your pets come and interfere with that working relationship is unhelpful." – Mike Riley, Political Science Doctoral Student Read More

News: Guide Dogs Encounter Blind Spot

China Daily
There are 13 million blind people in China, but only 34 guide dogs. China Daily has a report today on how difficult it is for these guide dogs to do their job in China. The article mostly talks about a woman in Beijing named Chen Yan who has been barred six times from taking her dog on the subway near her house. She's also been shooed away from restaurants, airplanes, and restaurants, - even McDonalds. Apparently this is quite a common issue.
The problem is that guide dogs are so new in China that a lot of businesses and services just don't know how to deal with them.
China's Protection Law for Disabled Persons does say that dogs can work in public places �C as long as they abide by local regulations. And that little "local" stipulation means that lots of places CAN refuse entry to guide dogs.
There are some places where they can't. Shanghai, Shenzhen, and Zhejiang province all have regulations that say guide dogs must be allowed into any workplace, museum, cinema, hospital or other public facility. Read More