Service Dog Laws

Vest? Tags? Doctor’s note? Nothing?

What has worked best for you and your dog? Any recommendations? Pros? Cons?

The ADA states that a service dog does not need to be identified as a service dog. However they suggest it as it reduces conflicts.

I for one use both a vest and a tag on Gunny and Rainy.

Sussie, Gunny and Rainy.

BY SARA CASTELLANOS
The Aurora Sentinel | 0 comments

AURORA | City officials could discuss the possibility of amending an ordinance to allow pit bulls as service dogs in the city at an executive session as early as Oct. 11, according to a city attorney.

The announcement of the meeting comes after officials from the U.S. Department of Justice said earlier this summer that any dog that is trained to do work or perform tasks for disabled people should be classified as a service animal, under the Americans with Disabilities Act.

“The Department of Justice expressed an opinion that breed-specific legislation, or breed bans, should not be applied on a blanket level to service animals,” said Charlie Richardson, the city’s attorney.

City officials have drafted an ordinance that would accommodate all types of service dogs, but Aurora City Council members must first be briefed on the issue, and then the potential ordinance change must be sent to a committee for public and employee input, Richardson said.

At the Oct. 11 meeting, council members will be briefed on the ongoing litigation that originated when Aurora resident Allen Grider filed a lawsuit against the city in March. Grider, a Vietnam War Veteran with Post Traumatic Stress Disorder, said the city can’t mandate how his service dog is maintained, even if the dog is a banned breed. Grider and two Denver residents filed a class-action lawsuit against Aurora and Denver in March and are seeking damages of more than $75,000.

A social worker suggested that Grider acquire a therapy pet to alleviate his symptoms, and he got his pit bull in 2003.

“She’s my protector,” Grider said during an interview earlier this year. “I can’t sleep if she’s not here. If I’m tense, she’ll bother me until I calm down.”

But in November 2009, the city’s animal control officers seized the dog because it was a banned breed.

The city eventually determined that the dog was a service dog, and after about five months the dog was released to Grider, on the condition that she wear a muzzle in public, among other restrictions.

The lawsuit was filed by the Wheat Ridge-based Animal Law Center shortly after the dog, Precious, was back with Grider.

“We believe there are an number of damages that occurred because of what Aurora did in this situation, by taking his dog away from him,” said Grider’s attorney, Jennifer Reba Edwards. “As long as these pit bull ordinances have been in place, they have been in violation of the ADA.”

City officials from Denver are set to review a proposal Monday that would allow pit bulls as service dogs within the city.

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A personal note from Sussie:

I personally love Pit Bulls. They are terriers and terriers make great Service Dogs.

I find the below article quite interesting. Only because my husband and myself have been taking our Service Dogs in to the VA for a long time and no one ever questioned us. We both have PTSD.

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Bill approved to make VA service-dog friendly

By Rick Maze – Staff writer
Posted : Monday Sep 12, 2011 16:55:07 EDT

The House of Representatives could vote as early as next week on sweeping legislation that makes the Veterans Affairs Department more dog-friendly.

A House committee has approved legislation that would allow service dogs to be used on any VA property or in any VA facility, including any facility or property receiving VA funding.

“I’m really pleased this legislation is moving, just for the sheer fact we have been trying to do this for so long,” said Christina Roof, deputy national legislative director for the veterans’ service organization AmVets. “VA could have done this itself, by regulation, a long time ago if they wanted, but they haven’t done anything so it looks like Congress will.”

Under current law and regulation, VA is required only to allow guide dogs for the blind onto its property and into facilities because those are the only type of assistance animals specifically covered in federal law. Individual facilities directors can be more flexible, if they wish.

VA officials have been working since March on trying to come up with a new service dog policy but discussions have been bogged down, in part, over the question of whether the policy should specifically list the types of service dogs that should be allowed or to leave that open to interpretation.

Language included in HR 2074, a veterans’ health care bill passed Sept. 28 by the House Veterans’ Affairs Committee, would end the discussion. The provision is very direct, saying the VA secretary “may not prohibit the use of service dogs in any facility or on any property.” The bill makes no effort to define what constitutes a service dog.

Roof said she expects common sense would be used, with eligible dogs having received some specialized training in order to be considered a service dog and with facilities still able to have restrictions on where dogs could go on the premises. For example, a service dog would not be allowed into an operating room but might be allowed in the waiting room of a medical clinic, she said.

In addition to opening the buildings and grounds to service dogs, the bill would create a three-year pilot program in which veterans with post-traumatic stress or other post-deployment mental disorders would be involved in training service dogs for other veterans. The idea of the test is to see if being a dog trainer has any rehabilitation benefits for veterans.

Veterans who have service dogs would have priority in being hired as trainers under the pilot program.

One of the things to remember is to always be prepared to stand up for your rights to have your service dog. This includes “ammunition”. Not the real kind. Just documentation. Its always a good thing to have.

Case in point.

Last summer I was stopped by the manager of Costco who told me that I could not have my service dog near a shopping cart. That I was welcome to shop, just not with a cart. I fought that and they finally allowed me in. Their claim was that the Oregon state laws stated that a service dog could not be anywhere near a shopping cart (yet its OK for babies with dirty nappies and people who are less than hygienic to be all over them?). Feeling that this was something made up, I contacted the Dept of Agriculture and talked to the man that in in charge of the “food rules” He told me that there was no such law. What the law stated was that there had to be a barrier between the dog and the shopping cart SEAT if the dog was placed in there. I told him that I use a floppy seat. That was perfectly OK. He then stated that I should write down his name and direct number and if I ran into that problem again to have the store call and talk to him direct. I kept that number.

I was prepared to confront Costco again on my next trip there. But no one bothered me. However, I kept the information I was given.

Just this Monday (yes. Almost a year later) I was stopped by Costco and thrown that same rule in my face again. I pulled out the paper that had that man’s name and number from the Department of Agriculture. Yes I had kept it all this time. I said “The last time you harassed me about this I went home and called the Dept. of Agriculture. I talked to the head guy there Mr. *********. He stated to me that what I am doing is perfectly legal and that if you ever stopped me again to tell you to call him and he would set you straight” She backed down and then proceeded to attack me another way “Where is his collar? There is a law about collars!” I replied “He just got over a $6000 operation for his back and neck. The Vet says NO more collars ever for him. I have his number in my phone here if you care to call him and verify this” She backed down stating that she did not know Dr. ******* and did not know Mr.********** and for me to not get upset. I stated that I would not have gotten upset had she not thrown made-up rules in my face. She snapped back “Well why doesn’t the state let us know about these things?????” I smiled and said “Because I have a service dog, I make it a habit to keep abreast of the rules, even if I have to call someone. Maybe you ought to do the same” and walked on in.

Ammunition. Make sure you have yours and keep yours. Each time you stand up for your service dog, you are standing up for ALL service dogs.

Sussie, Gunny and Rainy.

http://www.komonews.com/news/local/127057713.html

There are only two things I can add to this.

#1 The seller is making all service dog owners look bad.

#2 Just because they SAY they are in Seattle, does not mean that they are. You can say your from anywhere when you sell on eBay.

Sussie, Gunny (Ret.) and Rainy

P.S. Just for kicks, I did a search for this product on eBay and it has been removed.

A warrant has been issued for the arrest of a McDonald’s manager who punched a customer in the face for bringing a service dog into the restaurant.

Security footage shows off-duty manager Tiffany Denise Allen approaching customer and service dog owner Jennifer Schwenker, who was with her two autistic children in a Marietta, GA McDonald’s the time of the incident. Allen told Schwenker that she and her service dog were not welcome in the restaurant. When Schwenker pointed out that she had a legal right to bring the dog into the establishment Allen became enraged, eventually following Schwenker into the bathroom and berating her.

Jennifer Schwenker said she became concerned for her safety at that point and decided to leave the restaurant. She did, but she spilled a drink on the way out, enraging Allen. Allen followed her into the parking lot and punched her in the face before she could leave the property.

Cobb County officials have issued a warrant for Tiffany Denise Allen for battery, simple assault fear and disorderly conduct. Surveillance camera footage shows McDonald’s employees trying unsuccessfully to restrain their co-worker prior to the assault.

Video here…

http://www.lifewithdogs.tv/2011/07/service-dog-owner-assaulted-by-mcdonalds-manager/

Sussie, Gunny (Ret.) and Rainy

I get phone calls and emails almost every day from people who have suddenly ran into a problem with a landlord.

I find it interesting how landlords and HOA, despite being told of the laws regarding assistance dogs, will still act as though the laws do not pertain to them. In truth, it pertains to all. New landlords and old landlords.

Today I actually stumbled across a really nice site that covers many laws pertaining to animals. Including a very well written page which describes housing accommodation and assistance dogs.

This is one I will be passing on to people time and time again.

http://www.animallaw.info/articles/ovusfaqhousingand%20pets.htm

Sussie and Gunny
http://thegunnyfund.chipin.com/the-gunny-fund

Yesterday I received yet another call from someone distraught. It was over the fact that they had sent money in to a Service Dog registry and received nothing in return. I really feel sorry for people that get “roped” into that situation. I am also angered by the so called “registries” that dupe people of their money like that.

ADA does not require a Service Dog to be registered. ADA does not require that a dog be trained by a professional. ADA’s only requirement is that the dog is well behaved in public, be identified in some way (either by vest or tags) that it is a Service Dog, and be on a leash unless the service that the animal performs requires it to be off leash.

Other things to keep in mind.

ADA rules override all state and local laws (In other words, if a city passed a rule stating that no animals were allowed in a certain area. ADA laws override that for service dogs). Business owners cannot post a sign stating “Guide Dogs Only”. Though it is not illegal for them to have the sign, they must allow ALL Service Dogs entry into their establishment.

Places open to the public (were anyone can just walk in or pay an entrance fee and walk in) cannot ask you what the Service Dog is for. However they can ask if it’s a Service Dog. Private places that are not open to the public or require a membership to enter, can ask you what duties the dog performs for you, but cannot stop you from entering. (The only exception to the rule is Costco, as they were giving special permission by the Courts as to whether they will allow you to enter their store with your Service Dog no matter what type of Service Dog it is, this was stated to me by a Costco rep. This is happened due to the case of Susan Grill vs. Costco in 2004).

Sussie and Gunny
http://thegunnyfund.chipin.com/the-gunny-fund

As Customer Service (email, live chat, phone) for Service Dog Tags, I am finding more and more that people are not aware of the recent new rules about Service Dogs. Many, what was once considered Emotional Support dogs, now fall into the category of Service Dogs. However, many animals that were once considered Service Animals are not considered that anymore. They are still working on reclassifying the monkeys though. They are used quite a bit by Quadriplegics.

These new rules went into effect on March 15th, 2011.

http://www.servicedogcentral.org/content/node/297

In my own personal opinion, I believe the reason for some of these ruling changed are due to the following.

#1 The recent problems that people with PTSD have faced with getting people to accept their PTSD Dog as a Service Dog.

#2 People were abusing the “owner has the right to train their own service animal” rule and calling anything a Service Animal…even reptiles.

Sussie and Gunny