New emotional support dog anti-fraud law signed

"Emotional support dog stare down" by mirsasha
 is licensed under CC BY-NC-ND 2.0

This is not the first time that I have talked with you about calling every dog an emotional support dog so that they are given access everywhere and identifying all sorts of animals as service animals, peacocks, squirrels etc., so that they can accompany people on airplanes, restaurants and the like.  This practice has resulted in elimination of many animals from the Americans with Disabilities Act (ADA), prohibitions of pets on public transportation, housing and other places. 

Personally, I think every pet, be it dog or tarantula, provides emotional support to the humans that love him or her, but, legally, that is not the case. 

Now, a new emotional support dog anti-fraud law, Assembly Bill 468, was signed into law this fall. This law will, among other things require that written notice be provided to a buyer that specifically distinguishes an emotional support dog from guide, signal, and service dogs. A person selling ID, vests and other accessories will also be required to provide such written notice. Finally, for those purchasing doctor notes to assert that their dog is an emotional support dog, the law prohibits health care practitioners from doing so, among other things, unless

 "the health care practitioner complies with specified requirements, including holding a valid license, establishing a client-provider relationship with the individual for at least 30 days prior to providing the documentation, and completing a clinical evaluation of the individual regarding the need for an emotional support dog." 

Penalties for violating this law can be both civil and criminal.

So please, let's keep the field clear and the airline seats available
for those with legitimate needs who need the protection of state and federal laws, and don't insist that loving your dog is a disability.

Loving a pet is not a disability

courtesy google images

UPDATE: American Airlines has now joined other airlines in restricting "emotional support" animals on planes.

Back in April of 2011 the misuse of "service" and "emotional support" pets was spiraling out of control. At that time the Americans with Disabilities Act (ADA) shrunk the definitions of permissible service animals to dogs and miniature horses which negatively impacted those relying on other animals to assist with their disabilities. Additionally, states enacted their own definitions of "service" and "emotional support" animals and mandated criteria for each. Sadly, in lieu of compliance, an industry of fraud was born to capitalize on the fact that people wanted to take their pets everywhere. Service and support dog vests, tags, and scarves in assorted colors and styles materialized on the internet, sales of "doctors' notes" for $1200 and up could likewise be obtained, and people took advantage of the fact that most places would rather not engage in interrogating a person seeking the shelter of our disability statutes. Predictably, the situation spun out of control as people asked to board a plane with a peacock, demanded that their dog accompany them on a ferris wheel (I was there for that!) and generally tested the public's tolerance, both of pet lovers and haters alike, to suffer pets everywhere. Suffer, because the majority of these pets are not skilled helpers but rather just the goofy family pet who is forced to be in places that he or she finds scary and intolerable.

I love the emotional support of having my dogs with me at the office or where appropriate. That does not magically turn my dog into a legal emotional support dog. As President of spcaLA I want everyone to understand and benefit from the intense human animal bond and bring a pet into the family for all the attendant emotional benefits. That is because we all have the capacity for love and not because we all share a diagnosis rendering us disabled under the law.

In 2011 I warned that continued abuse of these laws would lead to severe and additional backlashes which would impact negatively on those with bona fide and true needs for these animals. Now, due the level of fraud surrounding these animals, the uptick in bites, the complaints of those allergic to or frightened of these pets, 21 states have either enacted or are exploring new laws to address this and criminalize such behavior while airlines are also adjusting their policies and documentation requirements to bring a pet on board.

All of the above will hurt both those legitimately disabled as their options narrow,
those of us always seeking appropriate places to bring the family pet, and our pets who find themselves in horrifying situations where they can't succeed. Wanting to be with your pet is a symptom of love not of a disability. Let's make sure those who truly need service and support dogs have as much freedom to do so, while the rest of us be mindful of their needs and act accordingly.

When a Service Dog is a Pit Bull ...

UPDATE: In the case of Mikey, below, the United States attorney's office is suing the condo complex for not allowing an elderly disabled women to keep her service dog in violation of the Fair Housing Act, which requires reasonable accommodation for people with disabilities. Unfortunately this action is too late for the woman who died weeks after being forced to give up her service dog, but is sure to save other lives, both canine and human in its wake. It still saddens me that law suits are required to force that which is right, humane and just.

There is a collective fear of pit bull dogs fueled by media accounts of horrific dog bites and gangland tales of high intrigue dog fighting rings. Viewing the dog as the criminal and treating the pit bull as contraband is often articulated as the solution. In other words, some cities simply outlaw the possession of pit bull dogs within their borders. Notwithstanding the wisdom of focusing on the dog rather than on the dog fighter or lax owner, the zeal to ban the breed has led to a conflict with the Federal American Disabilities Act (ADA). Specifically, what if the banned pit bull is a service dog?

In Denver, a Vietnam veteran suffering from post-traumatic stress disorder depended upon his pit bull dog, Precious, to cope with his disability. City officials seized his dog citing the city's pit bull ban. The city finally returned the dog to him but only if the dog was muzzled and complied with other conditions. There is a pending suit alleging violations of the ADA as it is asserted that the conditions preclude the dog from performing his duties properly.

Similarly in Iowa, a retired Chicago police officer, suffering from disabilities resulting from a stroke, who relied on his  part pit bull part labrador, service dog Snickers, was told by the city that he could not keep the dog due to the pit bull ban. The city asserted that the ADA was not violated as the officer could simply get a new dog that did not violate the ban! A federal judge has just ruled against the city and Snickers is now home. The judge stated "whatever the legal bark of the City’s Ordinance prohibiting pit bull dogs as a general matter of public health and safety, it is sufficiently likely that enforcement of that Ordinance against Snickers would take such an impermissible bite out of Title II of the ADA and the regulations and guidance promulgated to implement it that a preliminary injunction is warranted. (Sak v. City of Aurelia)

Unfortunately things did not turn out so well for a 74 year old woman who was forced to give away her service dog Mikey or face eviction and fines by the co-op board of her apartment complex for violating a "no pets" clause. She died a month after losing Mikey.

One wonders if an ADA challenge would have been successful there as well.


Article first published as What Happens When A Pit Bull is a Service Dog? on Technorati

ADA Guidelines Limit Service Animals to Dogs and Miniature Horses

The Americans with Disabilities Act (ADA) defines service animals as "animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets".  As such, any animal, whether dog, horse, monkey, bird or rat, trained to assist or alert was qualified to serve. A particular animal would be selected based upon need, size, allergies and level of skills.  So a monkey might be perfect when hands are needed, miniature horses are excellent for the visually impaired, while ducks, ferrets and parrots assist in controlling anxiety disorders. Furthermore, different animals can sense and/or smell seizures, spasms and physical changes before their onset thereby affording their person time to protect themselves, take medication or call for help. For example, a woman uses a service rat who can detect the start of spasms that she can't feel and warns her (by licking her neck) to take her medication. In other words, service animals are not just the traditional guide dogs.

Recently, the U.S. Department of Justice issued new guidelines for the ADA which recommend limiting service animals to dogs and housebroken miniature horses. (Miniature horses are often preferred as guide animals as they have excellent vision and live three times as long as dogs.) Their decision was based on comments from business establishments not comfortable dealing with the assortment of visiting wildlife as well as the enormous amount of fraud committed by people who just want to bring their pets with them wherever they go. "Knock off" service vests, purchased doctors' notes and expensive on line certificates can all be acquired to assert that an animal is essential to the well-being of the person. In fact, the ADA requires that the animals be allowed access with challenges made after the fact. 

These guidelines need not be followed by states, cities or even other federal agencies, but they certainly do not augur well for those legitimate sufferers who depend upon non dogs and miniature horses for their health as they could well be adopted and start a trend.

Perhaps if those fortunate enough not to require a service animal would behave, the new guidelines might not be enacted locally, and those needing to bring a snake out to dinner could do so and thrive. For now, those relying on excluded animals must keep an eye on local developments.

Article first published as ADA Guidelines Limit Service Animals to Dogs and Miniature Horses on Technorati.