is this legal about service dogs?

[Pluto 2]

theres a festival around my house so we get a paper in the mail about it. it says no dogs/ other pets -only guide dogs for visually impared will be permitted. now there are other types of service dogs theres a seizure service dog which will not be allowed, and other types of service dogs will not be allowed is this legal? its in the united states so i doubt its legal.

 

[golfgal]

My guess is that either the people that put out the flier wasn't aware of service dogs for other issues or that they were trying to be specific so someone doesn't bring in Fifi claiming she is a service dog.

 

[barkley]

My guess is that either the people that put out the flier wasn't aware of service dogs for other issues or that they were trying to be specific so someone doesn't bring in Fifi claiming she is a service dog.

janice dickinson got called on this recently-she tried to take her dogs into a salon and when the managment refused she countered they were "service dogs", she did'nt have proof and managment was'nt going to take her at her word so they did'nt allow her/pupdogs in.

i also wonder if it has something to do with where the festival is being held-if it's on private property the property owner can put any condition on the festival organizers they want (and there can be insurance issues). it would be smart if organizers educated themselves about other types of service dogs, but they might have to require people to bring some kind of proof of the dog's status if it's not wearing one of those vests you routinely see on service animals.

 

[I*heart*MickeyMouse]

If a dog is truly a service dog, he/she has a special kerchief/vest and usually a special leash as well. (Most) owners also carry the documents proving that the dog is indeed a service dog. I can guarantee you if someone with, say, a hearing aide dog or a siezure aide dog shows up they will be allowed in. They may or may not be asked for proof, if it's not visible. Maybe the person who made up the flyer doesn't realize there are different kinds of service dogs, or maybe they just wanted to keep it simple but doesn't intend on keeping other service dogs out.

It's been my experience that public property/land/events they can NOT disallow a legit service animal to accompany his/her owner. Private properties/owners can do what they want.

 

[Mermaid02]

All service dogs must be allowed in. AND no proof is required. It is actually illegal to ask for proof of the service the dog provides- that's how it is here in Maine anyway.

 

[Pluto 2]

its on public property. the flyer should of read only service animals will be allowed not saying only visually impared service animals will be allowed

 

[WDWorBUST]

Does a dog have to be "certified" to be a service animal? I'm just curious....I have no intentions of dragging my dog around under the "service" dog umbrella.

 

[Planogirl]

The trouble is that you have those who will bring dogs just because it's fun or because they love having dogs around. Then you get those who don't like dogs or are afraid of them or are allergic. Then both sides get mad at each other and the thread disintegrates into arguing.

Oh wait, that's what always happens on the DIS. Maybe we could skip a few of these steps.

 

[Cheshire Figment]

This past week I was reading the Federal Register (2010 Page 56177) related to updating of the Regulations related to the Americans With Disabilities Act. The following is a definition of Service Animal:

Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

(Bolding added by me.)

A venue may ask what service the dog provides but may not ask for certification papers. And a service animal does not have to wear a special harness or indicator.

 

[golfgal]

All service dogs must be allowed in. AND no proof is required. It is actually illegal to ask for proof of the service the dog provides- that's how it is here in Maine anyway.

Maybe it is illegal but my guess is that most people with a real service dog wouldn't have an issue showing proof and it is the ones with "fake" service dogs that cause the problem.

 

[Mermaid02]

Maybe it is illegal but my guess is that most people with a real service dog wouldn't have an issue showing proof and it is the ones with "fake" service dogs that cause the problem.

You would think so!

Another thought: wouldnt' it kind of be like a handicapped license plate? You have the right to park there or bring your dog in the store- we just need to see the license tag or doggie badge.

 

[bumbershoot]

janice dickinson got called on this recently-she tried to take her dogs into a salon and when the managment refused she countered they were "service dogs", she did'nt have proof and managment was'nt going to take her at her word so they did'nt allow her/pupdogs in.

Obviously they know who she is and felt comfortable doing that...but the reality is, by law they cannot ask such questions (beyond "is this a service dog?") and cannot take further action if the answer is "yes". They broke the law, even if JD was lying... (and I'm sure she was, since she has everything in her life filmed so I'm sure the public would know if she'd recently had something change in her health that required a service animal)

If a dog is truly a service dog, he/she has a special kerchief/vest and usually a special leash as well.

Not true at all. YES some dogs do have the special vests and leashes, but there is no identification required, no official across the board certification process to simply be a service animal.

Maybe it is illegal but my guess is that most people with a real service dog wouldn't have an issue showing proof and it is the ones with "fake" service dogs that cause the problem.

It's just one more roadblock in the way of a normal life...sure anyone can carry a doctor's note stating that they need a service animal around, but would YOU want to be asked questions about your health and have proof required every day? To not have such proof required helps a person have a more typical life, and that's a good thing...

You would think so!

Another thought: wouldnt' it kind of be like a handicapped license plate? You have the right to park there or bring your dog in the store- we just need to see the license tag or doggie badge.

The placards give something *extra*. A closer parking space is an extra thing, not something to make a day more "normal". To have a service animal is to make your life closer to the lives of others, to help you just have a more typical day. Two separate things entirely. To park in an accessible parking space requires the extra proof of getting that placard and displaying it. Such a thing is not required for a service animal.




The people who made up the flyer are likely just people who haven't encountered anything but a seeing eye dog. They'll most definitely learn something at their event...hope they don't actually break any laws (like the salon owners above did) before they realize that they were wrong!

 

[Mermaid02]

Obviously they know who she is and felt comfortable doing that...but the reality is, by law they cannot ask such questions (beyond "is this a service dog?") and cannot take further action if the answer is "yes". They broke the law, even if JD was lying... (and I'm sure she was, since she has everything in her life filmed so I'm sure the public would know if she'd recently had something change in her health that required a service animal)




Not true at all. YES some dogs do have the special vests and leashes, but there is no identification required, no official across the board certification process to simply be a service animal.




It's just one more roadblock in the way of a normal life...sure anyone can carry a doctor's note stating that they need a service animal around, but would YOU want to be asked questions about your health and have proof required every day? To not have such proof required helps a person have a more typical life, and that's a good thing...



The placards give something *extra*. A closer parking space is an extra thing, not something to make a day more "normal". To have a service animal is to make your life closer to the lives of others, to help you just have a more typical day. Two separate things entirely. To park in an accessible parking space requires the extra proof of getting that placard and displaying it. Such a thing is not required for a service animal.




The people who made up the flyer are likely just people who haven't encountered anything but a seeing eye dog. They'll most definitely learn something at their event...hope they don't actually break any laws (like the salon owners above did) before they realize that they were wrong!

I think taking an animal into a place where animals are not normally allowed is something "extra". And I would say that being able to park close DOES make some folks day more "normal" otherwise they might not be able to do their own shopping. Thus giving you a more "typical" day.

 

[golfgal]

It's just one more roadblock in the way of a normal life...sure anyone can carry a doctor's note stating that they need a service animal around, but would YOU want to be asked questions about your health and have proof required every day? To not have such proof required helps a person have a more typical life, and that's a good thing...



!

No different then being asked for your ID every time you want to use a credit card or whatnot. Do I like it, no, but I put up with it. Again, if so many people weren't trying to get around the "law" by bringing their non-service dogs places they shouldn't it wouldn't be an issue but if I needed a service dog, no, it really won't bother me to have to show an ID or whatever to have that dog with me. Maybe if enough people got caught trying to fake a service animal, the practice would stop.

 

[disneyfans95]

I run a hotel in NY and we ask for proof all the time for guests that want to have their service dog stay in the room.

No issues, but no proof, not dog is staying

 

[Mermaid02]

No different then being asked for your ID every time you want to use a credit card or whatnot. Do I like it, no, but I put up with it. Again, if so many people weren't trying to get around the "law" by bringing their non-service dogs places they shouldn't it wouldn't be an issue but if I needed a service dog, no, it really won't bother me to have to show an ID or whatever to have that dog with me. Maybe if enough people got caught trying to fake a service animal, the practice would stop.

Agreed. The proof wouldn't even need to say WHAT the dog was for (therefore not violating any HIPAA laws). Just that it is a certified service animal.

 

[GRUMPY PIRATE]

The only problem about the vest is that anyone can buy one.

as an example:

http://www.petjoyonline.com/Service...es_s/269.htm?gclid=CJG3hZOkt6QCFQH_iAodLAFV0A

or

http://www.sitstay.com/dog/supplies...=53405&top=Y&gclid=CKXnir6kt6QCFQEMbAodpkan0g

..and there is really no standard for what a "service dog" is, thats why someone that likes dogs, or animals for that matter, can designate a "service dog" or Service animal" and get away with it. just buy a vest or patch.

and contrary to popular belief, businesses can turn away "service dogs" that disrupt their business or pose a danger to their other customers.

here is an interesting article:

http://www.seattleweekly.com/2008-07-30/news/check-your-faux-service-dog-at-the-door/

the sad part is that those that are abusing the ADA by bringing their pets with them under the guise of a service dog are really hurting those poor people that really NEED a bonified service dog.

when they enacted the ADA in 1990, they probably figured that no one would be so self centered to use it to their advantage by faking a "service dog" just so they could bring their pets with them.

the addition to the ADA quoted elswhere in this thread shows that those selfish people are forcing a situation where they WILL have to modify the ADA and enact a national standard, and perhaps a simple "service dog ID" that show they are indeed a registered and certified service dog.

 

[bicker]

The law pertains to specific disabilities, and so it is legal to place a restriction such that service dogs are limited solely to those that aid with regard to those specific disabilities. (Of course, the law also prohibits asking for validation of those disabilities . . . )

 

[tvguy]

All service dogs must be allowed in. AND no proof is required. It is actually illegal to ask for proof of the service the dog provides- that's how it is here in Maine anyway.

This past week I was reading the Federal Register (2010 Page 56177) related to updating of the Regulations related to the Americans With Disabilities Act. The following is a definition of Service Animal: (Bolding added by me.)

A venue may ask what service the dog provides but may not ask for certification papers. And a service animal does not have to wear a special harness or indicator.

I think state laws vary. In California it's like Maine, if someone says the animal with them is a service dog, then you have to let the animal in, and you can not ask for documentation. Actually, if you DO ask for documentation, YOU are breaking the law.

 

[undertheradar]

Recently during Simi Valley Days in Simi Valley,CA, a service dog ran away from the blind owner it was trained to guide and protect. The dog panicked when fireworks were set off. It was a couple days before the dog was reunited with the owner. A fireworks show or busy festival may not be the best place for these animals.