But by ADA definition, the dog must be trained. I'll agree that dogs who can sense seizures, diabetic lows, etc. most likely have some inherent ability, but they also must be trained. Part of that training should be obedience. A true service dog "on duty" should never react to other dogs or people or other stimuli - except to protect his person.
Providing "emotional support" does not qualify as a service dog. Some PTSD dogs are trained in other tasks, and therefore are service dogs. Those who simply calm fears by being near are not. What you mention are not tasks a dog has been trained to perform, therefore not a service animal. No gray area to interpret. But I do agree with you that people who wish to abuse or cheat the system can do so easily by being prepared with the "right" responses that cannot be challenged.
I do not think the new policy will have any particular increase in "fake" service dogs. People who were so inclined would have brought their dog without a pet-friendly policy.
I would like to point out and sorry if I am being the devils advocate, but to point out why we have abuse.
ADA does not state the dog must be trained as you state. The law states the dog must be trained to do a task or work for a disabled individual. That is much much different than stating the dog must be trained. I think of a trained dog as going to obedience school, I think of a trained dog as one who knows sit, down and stay. I think of a trained dog as one who walks on a leash without pulling. ADA does not make any claim what so ever that a service dog needs any of that training. It states the dog is a service animal if trained in a task or to perform work. Which means the most i ruling dog who detects seizures would follow under ADA law, even if he pees on the floor, pulls you down the street, or jumps up on people ( then you have to rely on the laws or policies a business has or city has) like all dogs must be on leash, or all dogs can be held responsible for damage, yet we already know that Disney can not train CM to iliminate fake service dogs.
Do I like this no, and I can see both sides of the fence, some people who need service animals can find then at a pound and train them to do a task, does not in my opinion mean they should take that dog into public, unless they are going to make a few more adjustments, like obedience, like house training, like being spayed or neutered, like not being overly friendly and so on, ADA does not state any of that has to be done for or with a service dog, all they state is the dog must be trained to do a task. Many many dogs can and do fall under ADA laws that are not trained as we would normally think of trained dogs.
On the other hand, the person who said we all have this picture of a service dog in our head and assume it is correct. Yes, people see my dog out and about and see this well behavied dog 99% of the time. They don't see this dog at home. Every time and I mean every time the dog knocks or bell rings we are in a fight as to whom gets to open that door and whom needs not to be so excited they jump or wag the tail hitting someone off the steps. And my dog comes from Guiding eyes for the blind, $60000 worth of training. She is my everything, and at home she knows that ihe is not allowed on furniture, she also knows not to get in bed at night unless told she can, but on the few occasions I leave her home guess what, she climbs on the couch, she claims on the bed.
In May I was at Epcot, before it opened to the public, waiting for a tour of the gardens. I had my dog down in a down position, harness on, leash lose and was just chilling. Remember Disney has millions of distractions, smells, kids and it over tasks even the best of dogs. A bunny I am told ran right across the dogs nose, the dog jumped and ran, I thankfully remembered commands and yelled Leave it, sit, down stay and the dog obeyed. Everyone around me was apologized to, I was so upset as to how they may feel, they were all fine they were not in awe that the dog ran after the bunny they all had dropped faces because I was able to remember those commands that fast and that the dog obeyed them immediately.
That is what the ADA law should actually be, trained each dog that well and no one will have a problem. My dog is a dog, she was taught not to be distracted by other animals, but at no point in training did they make a cat or bunny or squirrel run across her nose and actually distract her that way, I'm sure and as a dog her instincts took over and she chased. They law that covers it is the is usually city law, that states dogs must be in the handlers control at all time, or be able to quickly get the dog under control. Under ADA it states that a service dog can be asked to leave a public place if the handler does not have control of the animal or if they can not quickly maintain control of the animal.
So my points are no where does ADA state a dog has to be trained in obedience, a loop hole in the law if you ask me. The law states it has to be trained to perform a task. The law that states dogs have to be in control is usually city laws, ADA does state a service animal can be removed it if is not housebroken, which includes peeing, jumping on furniture or people, or when the handler can not get the dog under control, so a dog that runs 50 ft to say yellow without the handler giving a command and the dog following it to me would be a dog unable to stay in public.
Until they fix some of the laws we will have more and more fake service animals and we will have ligitimate untrained in obedience service animals. When people ask me how do you tell a real service animal? Well you can't but there are signs I would look for, if you are trying to cut down on service animal abuse.
Is the dog spayed or neutered, if not probably not a service animal. Why, because it causes a distraction even if you can control your dog, you can't control other dogs so you will have distractions.
Does the handler have control of the dog, thru voice commands or leash corrections, which also means that by every city law I have ever seen would have a leash no longer than 8 ft. If it is a retractable leash, not a service animal because the longer the leash the less control you have.
Does the dog bark at things other than to alert a person, of say a seizure or a diabetic low, if so probably not a service animal.
Is the dog carried or in a lap, not a service animal, we learned in school all paws on the floor at all times no matter what the service the dog is doing, if all four paws are not on the floor than not a service animal, a small dog needs to be on the floor but can be trained to jump on the lap if detecting a diabetic low or a seizure but they need to start on the floor.
When in public is the dog comfortable with how to get on a bus, how to immediately sit on the ground, or under a table, or in a booth, if the dog seems to want to sniff, walk around, has no clue how to get on a bus or sit down than most likely not a service animal, because these should be done daily every day at home not just at Disney or out in public on vacation.
My dog does wrong many times a day. She is now three years old and I have to do obedience work with her daily. I have to work with her on many things. And some days she is just as distracted as a 7 year old and I have to stop in the middle of Disney and get out some treats and work with her to get her focused again.
The public needs to be educated that even service dogs are not these 100% well trained animals, they do make mistakes it is up to the handler to get and keep them in control. The public should be aware of what a true service animal should look like, which is difficult, but there are some businesses that are starting to question more with the public help. Not long ago in Costco we ran across a barking dog, the first time I said leave it and walked away, but by the third time we ran into the dog and they barked it was interfering with my shopping, so I went and got a manager. He said well it is a service dog also, I said then it needs to be in control and behaved or it needs to be placed in the car, so he followed me and saw my dog ignored the other dog, but the other dog barked, pulled and fought every time we turned a corner and ran into each other. He asked the lady once to get the dog in control, we walked around the corner the dog barked and he asked the dog to be taken outside because it was not in contro, it was doing other things also, like eating from the kids hands when they got free samples. Anyway, I take it upon myself to educate the public and businesses, I carry a small card with ADA laws, and I tell them how to spot or ask to have service dogs who do not behave removed. Because it effects me and my ability to access the public when I have to deal with 20 fake or not trained service dogs a day when I am doing my business.
