Good thing Harper's not a monkey

March 15, 2011 • Posted in baseball, Beth Finke, Blogroll, guide dogs, Seeing Eye dogs, Uncategorized by

That's Harper doing his thing at a nearby street corner.

If you have a disability and want to bring your helper parrot, monkey or snake with you in public, I’m afraid you’re out of luck. starting today, March 15, 2011, only service dogs and trained miniature horses are protected under the Americans with Disabilities Act. These ADA revisions were drawn up after some disability advocates asked the Department of Justice to crack down on people who were faking or exaggerating disabilities in order to get their companion animals into places of public accommodation. I wrote a post for today’s Bark Blog about all this – here’s an excerpt:

It really does make it harder for the rest of us when an animal or his handler’s poor behavior causes people to think badly about service animals. I’ve heard stories about helper parrots pecking at shoppers in stores, a therapeutic rat that quelled anxiety in his owner but caused anxiety to others, and comfort pigs going crazy on airplanes. In my own life, however, the only negative service animal stories that have affected me personally have been about…dogs.

The last time I went to a Cubs game I was stopped while trying to get into Wrigley Field with my Seeing Eye dog. The man taking tickets said he didn’t know if the dog was allowed. I pointed to the 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.

Faking a disability to gain privilege is fraud. It also results in increased scrutiny of people with legitimate disabilities. You can link to the Bark Blog to read my guest post in its entirety. Bonus: there’s an awfully cute photo of Harper and me there, too – it was taken when we were just getting to know each other at the Seeing Eye.

Hava On March 15, 2011 at 1:34 pm

Amen! And about time too. I have myself witnessed people bringing untrained dogs into public places, the dogs wearing some sort of “official” vest proclaiming it a “Therapy dog”. The dogs jumped on, growled and barked at other customers, jumped on shelves, knocking merchandise off and took dumps in the aisles with their owners not bothering to clean them up. I raise puppies for a guide dog school and as such must ask permission to bring the pups in to public places in order that they gain valuable training on how to behave when they are official guides. Because of the bad behaviour of these so-called therapy dogs, my pups and I have been tarred with the same brush so to speak.

In another instance a man asked me to train him a guide dog. I told him that in no way was i qualified to do that and that he should apply to a qualified dog guide school for his dog. He did not want to go that route and i learned later that he is not sight-impared. Not only that, but that he did not want a guide dog, but a therapy dog. He has since acquired a “therapy” dog and has taken the untrained animal onto public buses, into grocery stores, et al. The dog has misbehaved in all these instances and when the proprietors have asked him to remove his dog from their premesis, he has complained to his doctor who then contacts the store, transportation office, whatever and tells them that under the law, they cannot challenge this man. I hope this new ruling will put a stop to this sort of thing.

Beth On March 15, 2011 at 2:05 pm

Yes, in addition to limiting the defeinition of a service animal to dogs (and in some cases, miniature horses) The definition insists that the “work or tasks” performed by a service animal must be directly related to the handler’s disability.
So a dog may very well be able to tell when their human companion is stressed out, but if the dog doesn’t perform a “working task” that helps alleviate that stress, the dog does not qualify as a service dog.
The new definition also specifically spells out that the “crime deterrent effects of an animal’s presence (an attack dog, for instance) and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this new definition.”

Jasmine On March 15, 2011 at 2:43 pm

In training two goldens for the seeing eye we had to ask the owner of a small clothing store or the post office. We carried a card stating that we are just in training and if we were not allowed we respected the owners wishes. Great post on those fake people.

Erin On March 15, 2011 at 4:47 pm

Good thing, about time too. As a puppy raiser I have witnessed a lot of abuse of this law and the increased scrutiny as a result. I hope this helps to change things in the right direction.

Kate On March 15, 2011 at 8:08 pm

Hi Beth,
I read your article on Bark.com and completely agree that the behavior of the animal matters more than the species. I have never come across any other service animals besides dogs and 1 miniature guide horse, so I am no expert on the different types, however I believe that any service animal that is protected under the law needs to be able to do 2 things. 1) perform a task (not simply its presence) that assists someone with a disability, and 2) be properly socialized and display good behavior at all times while in public. I have seen videos about the Helping Hands monkeys for quadriplegics, and they can perform tasks for their person that a dog just isn’t physically capable of doing. I’ve never seen one in public, but from the videos it seems like they are socialized (they are withe a monkey version of a “puppy raiser” for a number of years before going into formal training like guide dogs).
I have run into a few “service dogs” whom I believe were impostors.
My apartment complex used to have a “no dogs” rule. A neighbor in the next building wanted a dog, so she got one and also got a service dog tag for it so it could stay with her. I was surprised she did this, especially since she is a retired cop, she must know this is fraud. To my knowledge, the dog does not perform any tasks to help this lady with her “disability” (she has slight hearing loss, and some balance issues). It’s a small dog, so doesn’t provide support when she’s walking, and doesn’t alert her to noises such as timers going off etc like a proper dog for the deaf would do. I have walked this dog, and he shows aggression towards other dogs we pass (thankfully not towards my guide, if he did I wouldn’t walk him anymore). He makes a lot of noise and relieves wherever he wants to outside, and occasionally goes in the house as well. My neighbor does not take him with her when she goes places such as the bank, supermarket, doctors office…so she gets along fine without his presence. The thing that irks me is the fact that she thinks she could (if she ever would I don’t know) take him into a store just because he has a service dog tag. Why should he be allowed in, and possibly jeopardize the image of real service dogs who have a high level of training in both performing tasks and proper behavior? In my opinion, it’s way too easy to get ahold of one of these tags (she got it from city hall, not an internet site) if this woman was able to acquire one for her dog who has had little to no training.
Another time I came across a doubtful “service dog” was at a
convention. This wasn’t a convention for the blind, and my sighted friend told me this big GSD did not have a guide dog harness on. We walked past it, and this dog went absolutely nuts when it saw Bambi. It started barking very loudly, and my friend said it was jumping and trying to lunge at my guide. The woman with the dog couldn’t seem to get it under control either, so we just walked away and hoped we didn’t encounter it again. Well…we did. I walked into a lecture, and about 5 seconds after the door shut behind me I heard the barking again. The lecture had already started, so the dog’s barking interrupted the speaker. Even though it wasn’t my dog causing the scene, I promptly exited the room so the lecture could continue. We didn’t come across that dog again during the remainder of the convention, but I couldn’t help wondering why it was there in the first place. Service dogs should be well behaved in public at all times, and puppy raisers of service dogs in training should make sure their puppy is mature enough, and their behavior is stable before taking it to a 4 day convention.
Here is a good example of a mature puppy at a convention:

(Haha shameless plug…I love this webseries!)
Has anything similar happened to you, like a wanna-be service dog barking at you and your guide?
Best,
Kate and Bambi

bethfinke On March 16, 2011 at 7:44 am

Kate, great comment. You said it all! The only story I can add is about a woman who is blind and uses a guide dog. She lets her boyfriend, who can see, take the dog out on his own with the harness on from time to time. The boyfriend brings the dog into stores and such. The dog is a guide dog, but if the person with the disability isn’t with the dog at the time, the dog does not have the “right” to go into a public place like that.

Kate On March 17, 2011 at 11:28 am

Beth,
I would never let anyone take Bambi in harness anywhere, but especially not if I wasn’t present. Admittedly I have let curious friends and family “test drive” Bambi, but only when I’m leading her by the leash along a flat path outside, and never more than a few steps.
Kate & Bambi

Maria On March 15, 2011 at 9:07 pm

What a disgrace that “frauds” have ruined it for people with disabilities who rely on their service animals, regardless of species, to help them.

Bob On March 15, 2011 at 9:08 pm

thanks for explaining all this. Never occurred to me there would hav to be rules. Sorry to say it’s no surprise to me that people broke the rules, though.

Siobhan Senier On March 16, 2011 at 7:35 am

There’s a special place in hell for people who “fake” disabilities. . .and another one for the legislators who revised the ADA this way.

bethfinke On March 16, 2011 at 7:39 am

Great comments! To Erin and Jasmine, I hope you know that guide dog owners everywhere see you puppy raisers as the true heroes of the whole training process –what a generous act of kindness to raise a puppy for a person who is blind and then let that puppy go after a year. VERY hard work on your parts and trust me, we guide dog users really appreciate it. Your comments here point out something that many people don’t understnad –it is not the *dog* who is granted the privilege to go into public venues, it is the person with the disability who has the privilege of taking a trained dog in with them. So great that you both know you have to get the store owner’s permission, just because a puppy is being trained to eventually become a guide doesn’t mean they have legal rights to go into public places. And kudos to the store owners who let you bring them in, these puppies need to learn socialization and how to behave in public venues like that.

Hava On March 16, 2011 at 10:05 am

Beth;

Would not the school which provided the dog to the woman who lets her boyfriend take it in harness into stores not remove the dog from her if they knew about this misuse?

bethfinke On March 16, 2011 at 10:21 am

Depends on the school where the dog was trained. Different schools have diffrent policies on how much they “monitor” graduates once they’ve completed training, and many schools (I thihnk rightfully) feel they can trust their graduates to have the maturity to do the right thing once they return home. I strongly feel that most, nearly *all* guide dog handlers do their best to follow the rules, but it only takes a few to give the rest of us a bad name. Like I said in my Bark blog, the species we really have to worry about when it comes to the use of service animals in public is, of course, the *human* species!

Robin On March 17, 2011 at 8:27 am

Raising my 8th pup for Seeing Eye now and I am SO tired of running into psuedo service dogs when we’re out! I’m upset about the lack of clarification in the ADA on psychological support dogs. Although it states that a dog must perform a trained task and mitigate a person’s disability many are claiming their “therapy dogs” are psychological support service dogs and have doctor’s notes to back them up! Can anyone explain to me just where a line is drawn on this one? I’ve run into a few dogs that supposedly prevent panic attacks! Does this really count?

Donna Sword On March 19, 2011 at 7:26 am

As a volunteer puppy raiser for a service dog organization, I appreciate the generosity of our local businesses that allow me to socialize my pup in training. As with guide dogs, it’s the early experiences that give the dogs the been there-done that attitude when they are later teamed with someone.
When we encounter resistance with a business, we find the cause is from a prior negative experience with ill-behaved dogs. Always disappointing when this happens; it’s a setback for the service dog teams and makes the road just a little tougher. Especially for those whose disability may not be obvious.
Wonderful post. Your blog is wonderful; I’m now subscribed and sorry I didn’t come across this sooner.

Lolly On March 20, 2011 at 10:26 am

Beth,

As an advocate, I dealt with people who wanted to bring their untrained dogs into public places, and people who wanted to bring animals other than dogs into public places. You’re right in the end, it is about the humans on the other end of the leash, but after 18 years of attempting to make it work with any species, I supported the changes because of the thousands of years that humans and dogs have lived and worked together, and because of the misuse of the law as it stood by people who just wanted to bring their pet with them to a public place.

To answer a question asked in comments earlier, an individual can get a note from their doctor stating they need an emotional support animal under the Fair Housing Act. That does not permit them to bring said animal into public places.

I applaud the changes made by DOJ! They were made with years and years of dialogue, and serious consideration.

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