Fake Svc Dogs a Growing Problem

BIKERK9 wrote:
Here are some web sites that will make individuals a Subject Matter Expert concerning Service Animals.

ADA Bulletin: http://www.ada.gov/svcabrpt.pdf

ADA Video for Businesses: http://www.youtube.com/watch?v=LLVMIO5P5H8 (Preview)

DOJ Frequently asked Questions about Svc Animals: http://www.ada.gov/qasrvc.htm

ADA Definition of Service Animal: http://www.servicedogcentral.org/content/node/297

How to Report ADA Violators: http://www.ehow.com/how_2087586_report-violations-americans-disabilities-act.html

Health Privacy Information (HIPPA): http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html

Service Dog BLOG: http://www.servicedogblog.com/

IRS Tax Deduction: http://www.servicedogblog.com/?s=IRS+Tax+Deduction

Service Dog Laws by State: http://timberlys-all-about-service-dogs.tripod.com/sdlawsbystate.html

Guide and Service Dogs for Veterans: http://www.va.gov/health/ServiceAndGuideDogs.asp

Service Dogs VS Therapy Dogs: http://www.disabled-world.com/disability/serviceanimals/dog-rights.php

Yahoo Voices - Service Dogs: http://voices.yahoo.com/topic/19145/service_dogs.html?cat=53

How to report violators/ file complaint of Health Privacy - HIPPA Law. http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html


REMINDER: A Service Animal is NOT a Pet.

Allowable Key (trick) Questions from LEO and businesses:

Is that your pet? If Answer is Positive - YES, Then the animal is NOT a service animal.

It that a Therapy or Emotional Support Dog? If Answer is Positive - YES, Then the animal is NOT a service animal.

It is very important to remember that Therapy Dogs do not have the same rights as handlers of Service Dogs. Handlers of Service Dogs are protected under the ADA because of the disability the handler experiences. The distinction is highly-important, and there should be no misunderstanding that it is the Person with a Disability who is the handler of the Service Dog that has rights under the ADA; not the dog. The Service Dog is allowed access based upon the rights of the person with a disability.

Is that a Service Dog? Answer: Yes. Then the dog falls under ADA.

What does he do? Answer: He assists me with my disability (or) He alerts me to my disability. [Dog may bark, jump, or bump, etc. to get owners attention]

Asking how a dog assists or alerts someone with a disability may require an answer that discloses the individuals disability (not all disabilities are visible) and asking personal health information violates the HIPPA Law.

Individuals like me with service dogs who feel their civil rights have been violated under the ADA by a business, employee or law enforcement may ask or demand a police report from the local law enforcement officials. They will most likely ask the LEO for a police report that includes the name and address of business, date and time of incident, names of manager, employees involved, witnesses and the identification of the police officer. This documentation will assist in filing state/federal complaint(s) and suing the business and employee later if they choose to.

WHEN CHALLENGED, my response is dependent upon the politeness of the individual asking. OTHER POSSIBLE RESPONSES FROM SERVICE DOG OWNERS:
Why do you ask?
Why do you need to know?
I value my privacy and do not discuss my personal health. [HIPPA LAW]
My health is between me, my dog, and my doctor, and none of your business.
The ADA does NOT require service animals to be professionally trained, certified or wear a vest.

CA Statute § 365.7. Knowing and fraudulent representation as owner or trainer of guide, signal or service dog;
(a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(b) As used in this section, “owner” means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.

NOTE: Indian Reservations and Indian Casino's are Sovereign property and the ADA does not include tribal land. So if ever challenged by Indian authority, comply with their direction. Ask if you can file a complaint for the Tribal Council regarding the access of service animals as the Casino may not have an established policy.

It is illegal to falsely claim an animal is a service animal and it is illegal for a business to question the validity of someone claiming their animal is service animal. That is a "catch 22" that renders laws against fake service animals virtually unenforceable.