Yesterday’s Day to Day programon National Public Radio (NPR) aired a story called Helper Parrots, Guide Horses Face Legal Challenges.
Day to Day, January 2, 2009 • Chances are you’ve seen a blind person accompanied by a guide dog. But what about a guide horse, a service parrot or a monkey trained to help an agoraphobic?
These are just a few of the nontraditional service animals that are used across the country to help people with disabilities and psychological disorders.
As their uses are expanding, however, the government is considering a proposal that would limit the definition of “service animal” to “a dog or other common domestic animal.”
Day to Day host Alex Cohen interviewed Rebecca Skloot, the author of an article in the New York Times Magazine called Creature Comforts – Assistance Animals Now Come in All Shapes and Sizes.
Rebecca Skloot outlines why many people are upset about the pending law. Sometimes less familiar animals make better helpers, she tells Alex Cohen.The NPR story described how Sadie, a parrot, helps a man who suffers from bipolar disorder. The parrot can sense when he is on the verge of a psychotic episode and talk him down. Richard, a bonnet macaque monkey, helps a woman get through the day without debilitating panic attacks. And Panda, a miniature guide horse, guides a woman who is blind.
Skloot spent many hours observing how a miniature horse named Panda helped a blind woman named Ann Edie. Even after all her preparatory research, Skloot was blown away.
“I could sort of envision how a horse could guide a person. But the level at which Panda guides her is amazing. In just a few blocks, I saw her maneuver around things that I, as a person that’s sighted, wouldn’t have thought of.”
When it comes to getting into airports, restaurants and other public places with a service animal, the ADA allows employees to ask a person if the animal is a service animal, and if the animal is required because of a disability. Documentation of the person’s disability or the animal’s training can NOT be required as a condition for providing service to an individual accompanied by a service animal.
In other words, people don’t have to prove they are disabled or that their pets are service animals in order to have those animals accompany them into a public place. All a person has to do is claim a disability and say their pet has been trained to provide assistance. No questions asked.
This is just one of many reasons the government is considering revising the definition of “service animal” in the American’s with Disabilities Act – it’s not simply because bigoted dog lovers want to keep other animals off the list.
A piece I wrote for The Bark about a teenager who sat next to me on a plane helps explain:
“I’m an only child. Rusty’s like a brother to me.”
Unwilling to have their German Shepherd fly as cargo on family vacations, her dad came up with a solution. “My dad wears sunglasses,” she said with a laugh. “He acts like he’s blind, and pretends our German Shepherd is a Seeing Eye dog. He even, like, had somebody at the leather shop make one of those harness things for Rusty.” She was really laughing now. Can you believe that?”
I could. In fact, this was the second time I’d been given a firsthand account of someone faking blindness to get a dog into an airport. I’ve heard stories, too, about people faking or exaggerating other maladies in order to get their animals on board with them.
“We are getting more and more complaints about service dogs,” a specialist on the Americans with Disabilities Act (ADA) information line told me. She said that most complaints come from business owners. People with guard dogs, attack dogs, therapy dogs, companion dogs, and even security dogs are calling their dogs “service” animals to get them special privileges. “We just tell businesses to let the dogs in,” she said. “Otherwise they’re asking for a lawsuit.”
I guess “reasonable accommodation” is just a one-way street, then? Doesn’t seem fair to me.
Those of us with legitimate service animals suffer when others fake or exaggerate a disability so they can bring their pets wherever they go. Last year I was stopped while trying to get into a Cubs game at Wrigley Field with Hanni. The man taking tickets said he didn’t know if the dog was allowed. I pointed to Hanni’s harness, told him she was a Seeing Eye dog. He was skeptical.
Turns out that a week earlier someone had brought their puppy to Wrigley, claiming the dog was a service dog. The dog misbehaved, and fans sitting nearby complained. After that, the people working the gates were told to scrutinize anyone coming in with a service dog.
In addition to being despicable, faking a disability to gain privilege is fraud. It also results in increased scrutiny of people with legitimate disabilities. I’ve had this happen at Crate and Barrel on Michigan Avenue. And at Andy’s Jazz Club on Hubbard. At Jimmy John’s Sandwich Shop on State Street.
I was stopped at the door at each place. At the first two, the doorman checked with a supervisor before letting me through. At Jimmy John’s, they just kicked Hanni and me out. We haven’t been back.
The Seeing Eye is celebrating its 80th anniversary this year. As the very first school in the US to train guide dogs for the blind, Seeing Eye pioneers worked long and hard to open the doors and give our dogs public access. I can tell you stories and stories of people who have faked blindness or other disabilities to get their pet dogs into public places. I have no problem allowing qualified service animals of any type – horses, monkeys, parrots — into public places with their disabled human companions. I just worry that opening ADA legislation to even more animals who may not truly be qualified could possibly ruin the good name our Seeing Eye pioneers have worked so hard to build over the years.
You can read more about the proposed legislation in Skloot’s article in The New York Times Magazine and see photos of her blog.
Happy New Year Beth and all! I just listened to this story and it is quite interesting. I had actually read a little bit about guide horses and a service ferret, but I hadn’t heard of anything else being used this way. I’m going to share this with my former roommate, who is a guide-dog user. He is now in a nearby building and I don’t get to see him that often, but when he was here in my building it was interesting to see his interaction with his dog. I think he would agree with me that it’s been a very good experience so far.
Hi Beth,
I had no idea that people have actually faked blindness or other disabilities just to get their dogs special privilages. Like you said, it is not fair for those handlers who do have disabilities. I personally am totally disgusted at such behaviors (Morris and Dorethy would have been completely outraged at this)! *smile*
Sandra
Jake, just curious: do you ever think of getting a guide dog yourself?
And Sandra, you are right about Dorothy and Morris. For the uninformed, Dorothy eustas (sp.?) trained Morris Frank with the very first Seeing Eye dog in the US: Buddy.
Hi Beth,
I am following this whole thread avidly and am nervously awaiting the official word from the DOJ. A well-known horse trainer, Dolores Arste, is training a miniature horse as a guide for me. I thought about whether it was a good idea to go ahead, knowing that I might be denied access to many public facilities. But, as I am religiously unable to get a guide dog, and as this would give me more independence than a cane, I decided that risky or not, I would try.
Having met my miniature horse and Dolores, I find it hard to give up the idea of having her as a guide and won’t do that unless absolutely necessary.
People who feign blindness or some other disability to be able to have their pet with them in public is not only upsetting but disheartening. I think that if some of those people thought about losing their eyesight or some other faculty, they would grab at any chance to have a more fulfilling life, which, for many of us, includes a service animal. And understanding that, or at least recognizing that is important. Maybe people wouldn’t be so quick to undermine our rights.
I agree. Maybe if the people who fake it would try putting themselves in our shoes –or in our wheelchairs! – they’d understand. For what it’s worth, I asked that teenager in the plane if her dad had ever wrapped his leg in a bandage to get a wheelchair at an airport, you know, just to get through the airport faster, or in order to leave his car in a handicapped parking space.
She was aghast. Her Grandma is in a wheelchair, she said, and her dad would never do something like that. “You act like my dad is scum or something!”
“But what’s the difference between faking he can’t walk and faking he can’t see?”
“That’s easy,” she said. “He fakes he can’t see for the dog’s benefit, not for his own. The only thing we get out of it is extra space for our legs and everything. He asks for bulkhead seats.”
Hmmm. Good luck with the horse Delores is training for you, Mona!
One question: what do you mean when you say you are “religiously unable” to get a guide dog? Just curious.
Technically, I’m allowed to get a guide dog. I say technically because getting the dog would cause more problems for me than it would solve.
I am a Muslim, and we believe that a dog’s saliva is unclean. If you come into contact with a dog’s saliva, you have to wash whatever came into contact with the saliva seven times before it’s considered “clean” again. So, I could get a dog, but I’d have a lot of washing to do.
Also, since I have many friends who are Muslims, I know that they wouldn’t come over anymore if there was a dog in the house. And you can be sure I wouldn’t be invited over, either!
As if that weren’t enough, I live with my parents and will do so until I marry, which is common in Muslim culture and society. My mother wouldn’t allow a dog in the house and is only tolerating Cali because she won’t be inside often.
I hope that answers some of your questions.
Wow — thanks for explaining — I am admitting my ignorance here, I had no idea. Looks like you are a *perfect* candidate for a guide horse, no wonder you are exploring that option. good luck!
I found Mona’s explanation for not being able to have a guide dog very interesting and something that I never knew about Muslims and dogs. It seems I find out something new everytime I stop by to read your blog, Beth. I also learned that I don’t have to eat at Jimmy John’s.
You and me both — I learn a lot (and appreciate) from the comments on this blog, too. I wouldn’t rule out Jimmy John’s completely, though — I like their sandwiches! I figure I’ll just avoid that one on State Street, others are fair game.
Yes, my reasons for exploring the possibility of a guide horse are quite different from those of all the other guide horse users I know about. I’m hoping that the DOJ decides to keep guide horses in the service animal definition, as one of my goals is to let the Muslim community know that a guide horse is an option. Of course, the candidate would have to buy the horse and pay for the training since there really is no school helping with that at the moment. It has been quite a struggle for me, and the only reason I was able to entertain the idea is that I’ve saved my money for two and a half years. I had no idea I would be looking into getting a guide horse, but the money is now such a relief. As it is, I’ve still got to work hard because it’s still not enough. I thank God, though, that I have been able to get this far.
If I’d been able to get a guide dog without all the repercussions, though, I’d have done it. This is a great deal of hard work, and sometimes, on my bad days, I think about how it could all be for nothing on the whim of the DOJ. I wonder how many of the people who proposed these amendments are blind or have some other disability. Just curious.
Hi Beth, As mad as I can feel about anyone who could fake a disability, I couldn’t help but remember this occurence and wondered if your readers would appreciate it. I googled “pig disrupts airplane” and found this article from the UK telegraph from June of 01: And, by the way, If I only had the money they spent on 3 first class seats for their pig….
Pigs might fly . . . but ‘never again’ on American airline
By Simon Davis in Los Angeles
Last Updated: 2:11PM BST 19 Jun 2001
A TWENTY-STONE pet pig rampaged through the aisles of an American aircraft snuffling at food trays and rubbing its nose on passengers’ legs after it was allowed to fly first class.
Its owners had insisted upon it accompanying them on the flight, saying that it was a “therapeutic companion pet”. They produced a doctor’s note to that effect.
David Castleveter, a US Airways spokesman, said: “We can confirm that it will never happen again. Many people were quite upset that there was a large uncontrollable pig on board, especially those in the first class cabin. Let me stress that it will never happen again.”
The pig, described as “enormous, brown, angry and honking” was allowed on to the six-hour flight from Philadelphia to Seattle after its owners, a woman in her thirties and one in her sixties, told airline officials that it was as crucial to them as a guide dog. US Airways and the Federal Aviation Authority stipulate that passengers may fly with “service animals” such as guide dogs.
The pig was walked on to the aircraft where it was given three seats in first class, near its owners who had paid the fare. Despite attempts to strap in the animal, it became restless after take off and began sauntering through the first class cabin. “He kept rubbing his nose on people’s legs trying to get them to give him food and stroke him,” said one passenger.
As the flight landed in Seattle the pig panicked, running up and down through economy class squealing. At one point the animal attempted to enter the cockpit, charging the door. It took four cabin attendants to remove the pig from the aircraft, but once inside the terminal it escaped. It was re-captured after being pushed into a lift.
I do remember that pig story. I wrote a short story about that for The Bark, too – maybe I should be grateful for all these folks exaggerating their disabilities – they’ve provided a lot of material for me!
The pig’s name was Charlotte, and the woman who flew with her had a heart condition, that’s why she said she needed the pig with her. This all happened in the summer of 2001 — after 911 that year, I figured no one in their right mind would try to fudge and get a pet through security as a service animal anymore. The story worried guide dog advocates back then, though — they were concerned that Charlotte’s flight might cause the public to make light of the training and the expectations of a service animal. From my 2001 Bark story: “Indeed, an AP story on the incident opened with “the FAA has weighed in – pardon the pun – on pigs flying”; stories in newspapers and on radio and television made references to things happening “When pigs fly”. GDUI is also concerned that intolerance and rejection of responsible service animal handlers may result from such sensational stories.”
I haven’t heard many stories lately about people faking disabilities to get their pets on planes, but like I said in this blog post, plenty of folks fake it to get their animals in other public places. Business owners need to know that a service animal’s rights for access are not absolute. If a service animal misbehaves, ADA law allows it to be excluded from a public place. I wouldn’t have wanted them to throw Charlotte out the window while the plane was still up in the air. But hmm, maybe Charlotte’s human owner?!
Hello Beth. Yes I have on a few occasions thought about getting a guide dog. To be honest with you all, I used to not be so fond of dogs. But I think being around my former roommate’s pet dog and then his guide dog has voided me of that fear. I have also been around other guide dogs and one time I got to briefly meet a former coworker’s service dog. It really angers me that someone would feign disability in an attempt to get their pet on a plane or whatever the case may be.
Jake,
You know what? I wasn’t terribly fond of dogs when I went off to train for my first Seeing Eye dog, Dora, in 1990. Now I can’t imagine living without a dog! It’s worth saying, though, that guide dogs aren’t right for everyone. I know a VERY smart and accomplished guy who is blind and likes dogs just fine, he travels for work a lot and decided to train with a guide dog. He found that caring for the dog, figuring out at every hotel stay where to take the dog out to “empty” and all that was too much trouble. He eventually retired the dog and went back to using his white cane. I guess what I’m trying to say is this: don’t pressure yourself to train with a dog just because others tel you it’s really cool to have a guide dog or whatever; you really have to be committed to the idea in order to make it work.
Beth,
That’s a very good point. I consider myself to be a good cane traveler, but feel that having a dog guide would significantly enhance my independence. However, I have not applied to get a dog because I don’t feel like I could handle all the responsibilities at the time. I have had many relatives ask me when I will get a dog? Well, I explain to them that a dog is not right for every person who is blind, and that I personally don’t feel ready for the responsibilities involved in the care of a dog. Whenever I do get a dog, I want it to be the right time — I hope to be able to meet all of the responsibilities, so we can be an effective team. So, if others ask someone that question, do not, I repeat do not feel pressured to get a dog. You should first evaluate your personal situation and preferences. Never let others pressure you to make such a big decision
Sandra
Amen! I thought about getting a guide dog for six long years before finally deciding I was ready. If you do it right, taking care of a dog is a HUGE responsibility, definitely worth taking seriously.
Getting back to the article for a moment, I am all for any well behaved task trained animal being used assist a qualified person with a disability. I have heard many stories of non typical animals successfully assisting a person to lead a fuller life. For me the issue is who qualifies and what constitutes a qualifing task. We have seen an increase in very young children being accompanied by their animals and I personally have seen the many benefits that can have but it is the animals given to children who are not appropriately trained or who become substitute care givers that cause those of us as adults the most grief. I still see reruns of a tv show on animal planet that feature a woman with fibromyalsia, a disorder i am intimately familiar with, she obtained a service dog, a chihuahua, that because of its lack of hair on the dog the dog radiated heat to the womans neck alievating neck pain. Thats all the dog did it was such a popular idea that other people requested she breed her dog so now they have all these chihuahua neck warmers as service dogs. most chis are not given to lie quietly for hours on end in public places so how could this dog be more legal or appropriate than a guide horse who actualy does something that contributes to the owners life?
That being said the monkey discribed in the article was not in my humble opinion behaving as if it was a service animal all the grabbing of items and jumping up and down does not speak of a highly trained animal but more of a substitute human child (which is becoming increasingly popular). The proposed changes allow for cats to be used as service animals yes some may “ground” a person may provide emotional support but I can not see one telling me where the crosswalk button is or helping to open a door tasks a guide horse could be taught especially if the person who chooses one for mobility has other disabilities. Not to say cats are not useful to those with disabilities. My sister who has several disabiing conditions has benefitted immensely from her cats they even remind her to shower or eat not because they are task trained but because they like to snack out of the fridge and play in the water but it keeps her clean and at the same weight so more power to her but if she tried to take one on the public bus to go to school and disaster would surely happen because the cat cant cope.
Long story short it isnt the species of animal we should worry about it is beefing up the laws to protect those of us with ligitimate need and our animals with legitimate abilities, an increase in enforcement, an education of businesses in regards to our rights and theirs and the penalties for not following the laws, educate the public with campaigns similar to what was done when guide dogs were first introduced if the public doesnt understand our animals value then they will tolerate others attempts to fake disabilities and lastly we need to decide once and for all if it is worth dividing ourselves over individual attempts to circumvent the system or come up with a more united front on which of the many issues inherant in the use of assistance animals we want to fight first.
amanda and guide/service dog canndo
Amanda,
Thanks for bringing us back to the article! Ann Edie, the woman in the NY Times story who works with the miniature horse named Panda, just forwarded a message she got from Rebecca Skloot. Skloot is the author of the NY Times Magazine article about non-canine service animals and the ADA issues. The documents with the final DOJ regulations and definition of service animal under the ADA were leaked to the reporter, Ann said. (The regulations are not yet official, because
they are being reviewed by the OMB.) The new regulations apply only to dogs or other domesticated animals.
“Other species of animals, whether wild or domestic, trained or untrained, cannot be service animals.”
It does include a special provision for miniature horses (but no other species) saying businesses must make “reasonable modifications in policies, practices and procedures to permit the use of a miniature horse by an individual with a disability, if the miniature
horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability, unless the public accommodation can
demonstrate that making the modifications would fundamentally alter the nature of the public accommodation’s goods, services, facilities, privileges, advantages,
or accommodations.”
But in the end, it says, “The miniature horse is not included in the definition of service animal, which is limited to dogs.” This would strip their users of
all legal rights associated with service animal use.
I don’t know if the new regulations have changed in re: the people who are using the service animals. As you say, we might be better served if more scrutiny was placed on the humans than which sort of animal they use as helpers.
I just wanted to add that, although I am furious and upset about this underhanded decision, my intent is to continue with Cali. She’ll be refered to as my guide, which is what I call her anyway.
Now, honestly, some business owners could tell me to leave their establishments on some pretense, and I expect that will happen. In that case, I would have no legal recourse and would have to comply. I intend, however, to have the most well-behaved guide ever. Guess who’ll be working on obedience every single day?
I am also looking into having the city where I live give me a permit to keep Cali for as long as she’s working which, God willing, will be many, many years. This is so difficult because the city could, after learning of this amendment, decide that I can’t have Cali, and again, I’d have no recourse. Time to make friends, I think, and really find out what kind of persuasive powers I have!
Mona, Is ther ruling really, really official yet? Is there somewhere people reading this blog can go to write the committee or something? If you know, please comment here so that outsiders who choose to may help you in some small way. Good luck with everything —
Beth,
It isn’t official; what happened was that it was leaked to the author of the article on the non-canine service animals, and she sent it on to Ann. I’m copying part of her message here and will call the contact person as soon as possible. My guess is that it won’t do much good, but it’s worth a try. Otherwise, Cali won’t be considered a service animal and could be denied access to public places.
Take care.
Mona
Copy…
I just gotten a leaked version of the latest DOJ regulations, and the agency has in fact made the species ban more restrictive. The DOJ’s initial proposal
would have allowed cats and other commonly domesticated animals (perhaps including parrots like the one I reported on in my story who helps a man with
his bipolar disorder by talking him down from psychotic episodes). But the current version (which the DOJ approved on 12/3 and is now pending final approval
by the OMB), restricts assistance animals to only dogs. The DOJ’s new proposed service animal definition is:
Block quote start
“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, cannot be service animals.”
Block quote end
It does include a special provision for miniature horses (but no other species) saying business must make:
Block quote start
“reasonable modifications in policies, practices and procedures to permit the use of a miniature horse by an individual with a disability, if the miniature
horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability, unless the public accommodation can
demonstrate that making the modifications would fundamentally alter the nature of the public accommodation’s goods, services, facilities, privileges, advantages,
or accommodations.”
Block quote end
But in the end, it says, “The miniature horse is not included in the definition of service animal, which is limited to dogs.” This strips their users of
all legal rights associated with service animal use. It’s unclear whether this means users who live in areas that don’t allow livestock within city limits
(which = most of them), will have to give up their guide horses because they’re no longer considered service animals. The big question now is whether there
will be another revision, or whether this regulation will be approved before January 20th, when Obama takes office.
Many readers have asked who they can contact to speak out about this regulation, since the final proposal is still awaiting approval. Those interested can
contact their government representatives
and
state senators.
Also the Department of Justice
here
[update: apparently the DOJ isn’t taking comments or documenting calls about this] and the OMB
here.
(Update for those who’ve asked: The relevant way to reference this issue is by saying you’re contacting them about the DOJ’s pending ADA regulations that
would ban the use of any species other than dogs as service animals. The exact regulation in question is “Title III Regulation 28 CFR Part 36: Nondiscrimination
on the Basis of Disability by Public Accommodations and in Commercial Facilities.”
Update: The leaked document says “For further information contact Janet L. Blizard, Deputy Chief, Disability Rights Section, Civil Rights Division, U.S.
Department of Justice, at (202) 307-0663.” [See above: the DOJ is not taking calls on this issue]
Below is Rebecca Skloot’s original message with links to further information:
Best,
Ann
—– Original Message —–
From: Rebecca Skloot
Sent: Tuesday, January 06, 2009 2:21 PM
Subject: Breaking News About DOJ Changes
I just got some government documents leaked to me that contain the final regulations the DOJ approved, which are waiting final approval for the OMB. They don’t look good. I just posted info about them here … Spread the word, and contact folks to protest if you’d like:
http://scienceblogs.com/culturedish/2009/01/newsflash_doj_ada_changes_leak.php
—
Rebecca Skloot | freelance writer | http://www.rebeccaskloot.com
blogger | http://scienceblogs.com/culturedish
assistant professor | creative nonfiction | http://www.mfainmemphis.com
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I also only learned about this within the last few days and I am appalled and disgusted that we are going to pass a law based on discrimination and ignorance! I have had Service Rats for the past 8 1/2 years. I have spinal nerve injuries, severe osteoporosis, diabetes and fibromyalgia. I suffer from severe spasms in my neck and shoulders that, if left untreated can actually fracture my weakened vertebra! My Service Rats lay quietly on my shoulders and alert me to the spasms when they are just barely starting and can be much more easily dealt with. Since I don’t have normal sensation, I don’t feel them until they are already pretty severe and much harder to treat. These are Velveteen Dumbo rats, that are specially bred, and trained for this work. They look more like a stuffed animal than a “sewer rat” and are far removed from their wild cousins. They are bathed a minimum of once a week and never tough the ground, or any other public surface where they could pick up germs (unlike a Seeing eye dog). They are so quiet and mellow that I am often asked if they are alive. I have only had one business ever stop me from bringing them with me after I explained what they are and what they do. Business owners and the public can see for themselves that they are clean, quiet and non-threatening in every way. They do not carry diseases and are more likely to “catch” something from being around people than people are from being around them. I can’t believe that the general public’s ignorance about domestic rats (who have been domesticated pets since the 1800’s) and lack of knowledge about their skills, is costing me my freedom to leave my home for more than a quick trip to one store and fast back home because I never know when my spasms may hit! Rats are being used in Africa and South america to detect land mines for disposal, in Africa to detect tuberculosis! They are even being tried as drug sniffing animals! their noses are almost as sensitive as a dogs, and they actually learn their tasks faster than a dog! They bond to their human partners just like a dog would.
I have written all my public officials and would ask others to do the same!
[…] of ‘Service Animal’ Hotly Debated: Monkeys, Horses, Birds – Oh my! … Helper Parrots & Guide Dogs: Where to Draw the Line? … Man’s Use of Snake As A Service Animal … Everybody’s Got Something to […]
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Wonderful post. I was touched by that gal’s comments about her daddy faking blindness. Of course I can’t believe her father is encouraging this but it touched me that the girl is so close with her dog. Regardless, the situation was wrong. I appreciated you including information about the service animal that helps the gentleman with bipolar disorder, that was interesting. I have never called the ADA hotline before but think I might if I have the need or opportunity.
Unquestionably believe that which you stated. Your favorite reason seemed
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I say to you, I definitely get irked while people think about worries that
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Thanks
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