A friend of mine just returned from a trip to visit her grandchildren in Virginia Beach, Virginia. She was telling me that the public places were much more dog friendly there than here in Alaska. That's understandable. A little web surfing leads me to believe that more places in the US are more like Alaska than Virginia Beach. So, maybe there are a few people finding a way to bring their dogs along where they go. As long as the dogs and people are well behaved and courteous what is the problem?
Seriously. Here is the official US wording:
That's exactly right. You cannot tell if a person is disabled by looking at them.The Americans with Disabilities Act ( ADA) has a three-part definition of disability. Under ADA, an individual with a disability is a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; OR (2) has a record of such an impairment; OR (3) is regarded as having such an impairment. A physical impairment is defined by ADA as "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine."Neither ADA nor the regulations that implement it list all the diseases or conditions that are covered, because it would be impossible to provide a comprehensive list, given the variety of possible impairments.
So, is their dog really a service dog? Let's see what is a service dog?
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.Courtesy of http://www.ada.gov/service_animals_2010.htm
This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.
Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.
So, there is no real way to tell if the dog is "fake" why not ask? Well, be careful there too. Here is the law:
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (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. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.And, not ever service dog is perfectly behaved in every situation. While they are not human they have bad days. They have ultra sensitive sense of smell and hearing. Sometimes, their experience is very different from our perception. Some dogs do not regularly travel in public. My dog, for example, performs most of his service while I sleep. To make it possible for me to safely travel away from home he needs to accompany me on public transit, in restaurants, and shopping though it is not his normal routine when we are at home. He is very good at this though may appear somewhat uncomfortable with it. I'm sure he is. And, he is made further uncomfortable by people who question why he is present or how they can take their dog along too. He is is very real and very necessary. He has saved my life on several occasions. He is not FAKE.
I will tell you it is a lot of work to have your service dog with you. People do ask for you to explain or to interact with your working dog. You have to be mindful of the dogs' needs as well as remind all service providers that there is a law protecting the right to be accompanied by a service dog. If there is someone "faking" it then they are certainly not taking an easy out just to have their dog with them. I'm usually happy to answer questions and educate. But, it is draining. Some people have disabilities that make this communication next to impossible. I think the public just wants to know more and most likely wishes we had a more dog tolerant culture and society. But, rarely have I experienced anyone evaluating my right to have a service dog or my need for one. I try to use levity when I can and only on a few occasions have I had to be firm with someone. I simply explained that without my dog I could have a seizure on the spot. Which would be less objectionable: A person having a seizure in their place of business or a dog quietly laying at my feet under the table?
To be honest, I've taken more criticism for my owner trained service dog from other service dog owners than I have from anyone else. Yes. It is quite legal to train your own dog. In fact the law says that a service dog in training receives the same consideration as a service dog even when handled by a non-disabled person during it's training. Is a dog in training "fake"?
I guess I still don't understand why the uproar over "fake" service dogs. Maybe your comments will educate me.
It is is not a privilege to have a service dog. It is a right. It is a responsibility. It is not in jeopardy. I'm sure there are those out there trying to raise fear in the ranks of the disabled by telling them otherwise. It simply isn't true. So calm down everyone and enjoy your dogs. Let's start lobbying for a more dog friendly public while we're at it.
-- sorry I'm too tired to add pictures right now - I'll find some in a few days and pretty up this post. Just needed to get it off my mind and out in the blogosphere.
