Fake service dog gear creates problems for Americans with disabilities

[Cheshire Figment]

By Kate Santich, Orlando Sentinel

7:36 p.m. EDT, August 7, 2013

Public confusion, legal loopholes and shady Internet businesses have led to an "epidemic" of fake service-dog certificates, vests and harnesses for use on ordinary pets. And advocates for the disabled say the issue is creating big headaches for those who truly need the canines' assistance.

The problem has gotten so bad that Canine Companions for Independence — the nation's largest breeding and training service-dog program — launched an online petition this week asking the U.S. Department of Justice to take action.

"Unfortunately, people are trading on the fact these harnesses and vests have become distinguishing marks of service dogs, so now you find unscrupulous businesses who sell these things to people who want to take their dogs into the store or restaurant or in the passenger cabin of the plane," said Paul Mundell, national director of canine programs for CCI. "It happens all the time."

On a recent flight to Orlando, where CCI has its regional headquarters, Mundell said he watched a man with a toy breed of dog walk off their flight to the baggage area, remove the dog's "service animal" vest and leave the airport. "It was quite clear that he was simply using the vest to get cabin privileges," Mundell said.

Under the federal Americans with Disabilities Act, state and local governments, businesses and nonprofit organizations that serve the public generally must allow service animals to accompany those with disabilities in all areas of the facility where the public is normally allowed to go. And inquiries are limited. When it's not obvious what service an animal provides, workers may only ask if the service animal is required because of a disability and what tasks the dog has been trained to perform.

Legally, they can't ask for documentation. And some say that fact is being exploited.

"There's no penalty for people in Florida who fraudulently claim their dog is a service animal," said Paul Edwards of Miami, president of the Florida Council of the Blind. "There are some of us who feel it isn't unreasonable to ask folks to carry identification for dogs that shows them to be a trained service animal — and most legitimate service-dog organizations do issue those. The danger is that you may throw the baby out with the bathwater."

Some advocates, for instance, are concerned that doing so may put an unreasonable burden on those with disabilities to "prove" their dog is legitimate. But others say that, because of the fraud, humans are already facing more hassles.

"It has become an epidemic," said Kris Baker, 63, who lives in Orlando. "And what we're getting is the aftermath. Somebody will take Fluffy with them into a restaurant, and the dog will bark or snap at someone or poop on the floor. So when we come in with a legitimate dog, we get the questions and the resentment. It's harder for us."

Baker, who had polio as a child and has used a wheelchair for 30 years, needs her CCI dog to help pull her along when she gets fatigued. The dog also opens and shuts doors, retrieves the phone, picks up objects she drops and helps open the refrigerator and cabinets. So when people ask her in ignorance, "Hey, where can I get one of those vests for my dog?" she educates them.

"This is not something that is for pets," she said. "This is an indication of training that my dog and I have been through. These dogs are the brain surgeons of the canine world."

Luke McGregor, a 48-year-old Delray Beach resident, also has to do his share of educating. On a flight home from New York this week, McGregor witnessed a woman who claimed to have an "emotional-support dog" that whined and scratched at its cage throughout the trip — behavior considered unacceptable in a legitimately trained service dog.

Though he could do little more than roll his eyes at the scene, McGregor, who uses a wheelchair and CCI dog, knows he'll be left to deal with the fallout.

"I'm already stopped in restaurants and grocery stores sometimes by workers who say [wrongly], 'You can't bring that dog in here,'" McGregor said. "There will be a time when the public is going to reach critical mass regarding all of the alleged service dogs out there, and we will suffer for it."

Already, in 2011, the Department of Justice issued revisions to its ADA regulations singling out dogs as the only legally protected assistance animals. Before that, some people were claiming monkeys, snakes and other creatures were helping them cope with disabilities. The department also clarified the definition of a service dog as one that is "individually trained to do work or perform tasks for a person with a disability."

But while some states have laws against residents pretending to have a legally protected disability in order to gain access for their dog, most do not. And there is no law against the sale of merchandise emblazoned with phony "service dog" logos.

A search of eBay under "service dog patches," for instance, reveals more than 22,000 sellers.

While some can certainly be used for legitimate purposes, advocates for the disabled say many are not.

CCI.org is seeking to get 10,000 signers in the next week to say the problem needs to be stopped.

"That's the exact purpose of our petition," said Martha Johnson, a CCI spokeswoman for the Southeast region. "We want to go to the Department of Justice and say: 'Look at how many people agree this is a problem, and something needs to be done.'"

ksantich@tribune.com or 407-420-5503

Copyright © 2013, Orlando Sentinel

http://www.orlandosentinel.com/features/os-fake-service-dogs-20130807,0,1495862.story

 

[livndisney]

They don't even need the "gear". From a fake service animal in a stroller in MK. to another in Chuckie Cheese. In both cases the "owners" admitted the animals were not service animals. Sadly businesses are afraid to confront people and the abusers know it.

 

[Michigan]

Here is my problem, my oldest daughter has seizures more at night then during the day and our Cavalier King Charles has trained herself to notify me when she is having a seizure. The problem is that no "legit" service dog agency will offer a certification to a dog that they didn't train yet I need to be able to take the dog to hotels and campgrounds that don't allow them so my only option is to get a seizure alert info tag from a "non legit" online company.

 

[SueM in MN]

Yes, this a very difficult issue.
Because there is no requirement for dogs to be 'marked' in any way, there is no requirement that people with fake ones even buy these items. The items probably make it easier because, with a vest on, they won't get questioned.

On the other hand, some people self train their legitimate service dogs. I am Facebook friends with a woman who trained her first service dog and is training the new dog that will replace her current one. The level of training her dogs have is amazing and the number of complex tasks she has taught them to do is mind boggling. And, she has done it all herself, so would not be able to prove that her dogs were trained by a legitimate service dog organization.

If some kind documentation of training is required, the other thing I can see happening is a bunch of fake 'training schools' will pop up. This would be horrible for people with disabilities who want help with training or self training their dog because they won't know which are set up to make 'fake service dogs' and which are real trainers.

 

[Schmeck]

A gov't agency could test the self-trained service dog and issue a license, IMO. I believe that there needs to be more regulation and oversight for a lot of these issues.

 

[Michigan]

A gov't agency could test the self-trained service dog and issue a license, IMO. I believe that there needs to be more regulation and oversight for a lot of these issues.

As a retired Government employee by the time they got around to certify the dog it would be dead. Also for seizure alert dogs are you going to force the person to have a seizure to prove that the dog will alert?

 

[Schmeck]

As a retired Government employee by the time they got around to certify the dog it would be dead. Also for seizure alert dogs are you going to force the person to have a seizure to prove that the dog will alert?

No, but a video would do the trick. Or documentation from a doctor, etc. Of course doctors write those infamous 'front of the line' notes all the time, so maybe that wouldn't work.

As to the 'dog would be dead' statement - RMV could do it just fine.

 

[Michigan]

No, but a video would do the trick. Or documentation from a doctor, etc. Of course doctors write those infamous 'front of the line' notes all the time, so maybe that wouldn't work.

As to the 'dog would be dead' statement - RMV could do it just fine.

Trust me when your child is having a seizure the very last thing you would think of is to find the video camera.

 

[bedogged]

Yes, this a very difficult issue.
Because there is no requirement for dogs to be 'marked' in any way, there is no requirement that people with fake ones even buy these items. The items probably make it easier because, with a vest on, they won't get questioned.

On the other hand, some people self train their legitimate service dogs. I am Facebook friends with a woman who trained her first service dog and is training the new dog that will replace her current one. The level of training her dogs have is amazing and the number of complex tasks she has taught them to do is mind boggling. And, she has done it all herself, so would not be able to prove that her dogs were trained by a legitimate service dog organization.

If some kind documentation of training is required, the other thing I can see happening is a bunch of fake 'training schools' will pop up. This would be horrible for people with disabilities who want help with training or self training their dog because they won't know which are set up to make 'fake service dogs' and which are real trainers.

I am not an expert in this area, but I think that the law allows a person to train their own service dog because a professionally trained service dog can cost thousands of dollars and it would be cost prohibitive for a number of people. Also, small dogs can be legitimate service dogs. Hearing dog here in Colorado uses small dogs that they get from the pound. While I am not a professional trainer, I have trained my 5 pound dogs to compete in high levels of AKC obedience competition. They have done very well. Should I ever need a service dog, I feel confident that I could train one to meet my needs.

 

[Piper]

Lucy was trained by a friend of my niece who was moving to our area. She stayed with my niece and had worked for an organization who trained diabetic alert dogs. She said that had Lucy not already been incredibly tuned into me and very responsive, she would not have been able to do it. She also trained her to alert me when any timer goes off. Lucy taps my leg and goes to stand in front of whatever went off. (I have hearing challenges at higher tones.) Lucy only barks when someone touches our door (they don't have to knock, just touch it.) She will not eat something unless I give it to her or tell her "okay." When I go to gatherings at my apartment club house, she just lays down by my feet and waits patiently. She also "goes" on command.

I am so very grateful, as I could not have afforded the $10,000 it would have cost. I am prone to lows while I sleep and Lucy wakes me up so I can take care of it! She also alerts me to highs and lows during the day. I am one of those people who usually cannot tell by myself. My apartment manager says she wishes all the dogs in the apartment were as well behaved as Lucy!

 

[GadgetTheInventor]

I don't see why there can't be regulation that requires a certain level of obedience certification. Dogs are very expensive creatures to take care of properly...food, medical, housing, grooming. Honestly, $10,000 is a fraction of the lifetime cost of owning a dog. Requiring a $5,000 certification course for obedience and a national registry under threat of fraud doesn't seem like a burden considering all the other licenses that people are required to obtain and the lifetime cost of dog ownership.

My issue is that people have allergies and dog phobias. I personally have an anaphylactic cat allergy yet am forced to possibly sit near a cat that is allowed to ride in the airplane cabin. Should I and many others have to live in fear, or fear of death because everyone wants to train their pet to be helpful with their medical problem and cart them everywhere? I just don't see why a diabetic dog that helps at night needs to be allowed in the grocery store or even hotels. Just check your sugar in the middle of the night for those few days instead of leaving dog dander all over the place to provoke future guests' allergies and asthma. Or stay in a pet-friendly hotel and board your dog during the day. I think people with disabilities need to realize that they need to look at the big picture and not take a mile when they only need an inch...especially when it prevents others from enjoying the experience as well.

 

[Piper]

It would be a burden to me. I live on retirement so my income is limited. I budget carefully to afford vet care and food, but could not put out $5,000 at a chunk! I was lucky. I got expert training for just the cost of adding a person to several lunches and dinners. What my niece's friend did was giving in the highest sense of the word. She gave of herself and her expertise in training diabetic alert dogs. She had to go into a different type of dog training as there is no organization in Houston who does that specialized work.

 

[Kellykins1218]

Requiring a $5,000 certification course for obedience and a national registry under threat of fraud doesn't seem like a burden

You must be extremely wealthy and not constantly having to pay for medical equipment, medicines, specialists, and therapies on top of everyday living expenses. It absolutely would be a burden for most families.

 

[utterrandomness]

I think in Canada service dogs have to pass a public access test that shows that they have good manners. I don't believe the test is very expensive and, while it wouldn't necessarily weed out all of the fakers, it would ensure that the dogs are well behaved enough so their presence might not have as much negative impact. A system like that might solve some of the issues without causing problems for people who self train.

 

[Piper]

I think in Canada service dogs have to pass a public access test that shows that they have good manners. I don't believe the test is very expensive and, while it wouldn't necessarily weed out all of the fakers, it would ensure that the dogs are well behaved enough so their presence might not have as much negative impact. A system like that might solve some of the issues without causing problems for people who self train.

Lucy would have no difficulties with that. She was very well trained.

 

[livndisney]

Every time this issue is brought up, people think the answer is for the disabled person to give "more". (In this case have to pay for and provide certificates).

I think businesses should use more common sense. In the two recent cases I mentioned the animals involved were puppies. Common sense says if a less than 6 month old puppy is not even potty trained-how can it be a trained service animal? (And these were not SA "in training" animals)

If more businesses understood what they could ask, it would make it harder for the "fake" service animals to have access. (No, it won't stop all of them).

If businesses (including WDW) would actually remove animals that are growing, jumping and snapping at guests (Per the ADA a service animal can be removed if misbehaving), it could help cut down on "fakers".

 

[bedogged]

Every time this issue is brought up, people think the answer is for the disabled person to give "more". (In this case have to pay for and provide certificates).

I think businesses should use more common sense. In the two recent cases I mentioned the animals involved were puppies. Common sense says if a less than 6 month old puppy is not even potty trained-how can it be a trained service animal? (And these were not SA "in training" animals)

If more businesses understood what they could ask, it would make it harder for the "fake" service animals to have access. (No, it won't stop all of them).

If businesses (including WDW) would actually remove animals that are growing, jumping and snapping at guests (Per the ADA a service animal can be removed if misbehaving), it could help cut down on "fakers".

I can see problems with this. Think of the person who posted here that her family pet, a King Charles Spaniel, developed the ability to warn her of her daughter's seizures. I don't not know the dog or people involved, but what if the family pet isn't that well trained or doesn't like strangers? It doesn't make that dog any less a service dog! It is performing an invaluable service to its disabled owner and should qualify as such under the law.

 

[ttintagel]

Regulations may vary from state to state, but when I worked in a museum where pets weren't allowed, our procedure was that we were required to ask the exact phrase, "Is that a service animal?" and if the answer was any form of "yes," not mention it again. If the answer was any form of "no," we could show them our policy on pets vs. service dogs, at which point most people would decide to come back later, or a rare few would change their answer to some form of "yes." (I chose to believe they were genuinely confused, because I would like to have the same benefit of the doubt extended to me if in the same situation.)

The only time it got uncomfortable was when people would go out of their way to avoid answering the question.

 

[livndisney]

I can see problems with this. Think of the person who posted here that her family pet, a King Charles Spaniel, developed the ability to warn her of her daughter's seizures. I don't not know the dog or people involved, but what if the family pet isn't that well trained or doesn't like strangers? It doesn't make that dog any less a service dog! It is performing an invaluable service to its disabled owner and should qualify as such under the law.

Actually yes it does make the dog less than a service dog. The "family pet" is not a service animal according to the ADA.

"Service animals are working animals, not pets." and
"A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability."


I went back and read the post you mentioned. The pp said the dog trained themselves. I do not see where the post said anything about the dog not liking strangers on not being well behaved.

One of the "skills" of a service animal is to be "invisible". So an animal that can't be trained to behave is not a service animal.

 

[aliceclones]

I don't see why there can't be regulation that requires a certain level of obedience certification. Dogs are very expensive creatures to take care of properly...food, medical, housing, grooming. Honestly, $10,000 is a fraction of the lifetime cost of owning a dog. Requiring a $5,000 certification course for obedience and a national registry under threat of fraud doesn't seem like a burden considering all the other licenses that people are required to obtain and the lifetime cost of dog ownership.

My issue is that people have allergies and dog phobias. I personally have an anaphylactic cat allergy yet am forced to possibly sit near a cat that is allowed to ride in the airplane cabin. Should I and many others have to live in fear, or fear of death because everyone wants to train their pet to be helpful with their medical problem and cart them everywhere? I just don't see why a diabetic dog that helps at night needs to be allowed in the grocery store or even hotels. Just check your sugar in the middle of the night for those few days instead of leaving dog dander all over the place to provoke future guests' allergies and asthma. Or stay in a pet-friendly hotel and board your dog during the day. I think people with disabilities need to realize that they need to look at the big picture and not take a mile when they only need an inch...especially when it prevents others from enjoying the experience as well.

I debated on whether or not to reply to this post, as this is clearly a hot topic. It seems obvious to most that service dog reform needs to be done, but clearly the answer to how to do it is, well, not so clear.

I understand your point, and sympathize that not everyone wants to/ can be around animals. But please be careful when using a disability that you clearly do not understand to make your case. I highly doubt that people living with type 1 diabetes would spend $10,000 on a specially trained dog if the answer were as simple as "just check your sugar in the middle of the night". I can promise you that as a mother to 2 T1 diabetic children we do test in the middle of the night, and often. Blood sugar is not a stable thing. It is constantly changing and fluctuating, and sometimes quite quickly. I have seen my daughters blood sugar levels climb over 200 points in 20 minutes, and like wise I have seen a 300 point drop in 15 minutes. While on vacation many variables are constantly pushing and pulling on blood sugar numbers, making them VERY unpredictable. A diabetic alert dog is there to help ALERT its person before one of those climbs or drops results in a life threatening situation, which can happen at any time, day or night. Many T1 diabetics can not feel when their blood sugars reach dangerous levels, high or low, and that is where these highly trained dogs literally become life savers. We are not fortunate enough to have a diabetic alert dog, but I wish we did. The technology out there for diabetics is getting better, but it still has a LONG way to go. If we had one of these dogs we would have been able to avoid some close calls, like my daughter being in a coma for 14 hours from DKA, or the hypoglycemic seizure that caused her to stop breathing 2 years ago. Until you have walked a mile in my shoes please do not use my daughters disease as your soapbox.