The Assistance Dog Scam?!!
#198302 - 06/11/2008 01:14 PM |
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A little help please. We just dealt with a "gentleman" and his wife at a movie theater where he had brought his "assistance" dog with him. 3/4 of the way through the movie the dog got loose and aggressed on a number of people and chased two through the theater. The couple were asked to leave but the man refused and wanted the police called.
I arrived after the first officer and as I approached the couple the dog fear aggressed on me. A pathetic correction from a flat collar by the owner barely shut the dog up. This guy right away wanted us to arrest the theater manager for violating Florida state statute in ref to service dogs.
This guy knew all the buzz words and was very literal concerning the law. The dog was on a flat collar and wore no identifying equipment stating that the dog was a service dog.
I inquired of the dogs' training and was rudely told that he had no obligation to disclose how the dog was trained, nor who did the training. He also stated that there is no minimum standard for the training, nor any certifying entity to prove the dog as a service animal. He further stated that he was tired of being harassed over his "service" dog. Apparently he has pending litigation on another business.
He did advise that he has a card stating the dog is a service dog which came from some entity called "Service dogs of America" or some such thing, but he wont carry it. I asked how he obtained the card and he said all he had to do was send a picture of the dog to them and explain what he does. The allegedly sent him a card, which I did not see because he left it at home.
His dogs' job? To pick things up and protect him when he has a seizure. His wife could have done that for him while they were together but that would make too much sense.
He knows the law inside and out but cited short term memory loss when asked why he wouldn't carry the card with him. Its all so conveinant. If the exact question regarding the use of the animal isn't properly asked, he refuses to answer. He expects everyone to know the law as well as him.
So, to me it appears as if he is looking for a payday. He rattled off the statute number from memory. He takes no precautions in identifying his dog as a service animal in hopes that someone will violate the law. As far as I can tell, he's not obligated to do so but to prevent any problems you would think he would...unless he has the intent to use the vagueness of the law to his benefit.
Anyone well versed in this.
Howard
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Re: The Assistance Dog Scam?!!
[Re: Howard Knauf ]
#198303 - 06/11/2008 01:30 PM |
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I have a few cards for service dog training that are given to businesses that state a few facts. Unfortunately anyone can call anything a service animal and get away with it. But:
A person with a disability cannot be asked to remove his service animal from the premises unless:
1.) The animal is out of control and the animal's owner does not take effective action to control it
2.)The animal poses a direct threat to the health or safety of others.
A dog like you are describing is exactly what businesses have a right to kick out. Aggressive behavior, getting loose and chasing people?! I would call that a direct threat to the health or safety of others.
I don't know much, and nothing about Florida state law regarding the ADA but you can always call the ADA info line 1-800-514-0301 or go to the website: http://www.ada.gov/
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Re: The Assistance Dog Scam?!!
[Re: Jennifer Marshal ]
#198311 - 06/11/2008 02:13 PM |
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Thanks Jennifer,
You are correct on both points. I pulled the statute up (thanks to the guy who so graciously provided it) while at the scene and read what you have stated. The business owner did have a legitimate reason for asking them to leave. They were afforded the opportunity to return without the dog but they declined.
What aggravates me the most is that this guy is IMO totally taking advantage of a law that is designed to help people in real need. What really torques me off is that there is no way to prove it!! He knows it too, so I think he's just hoping to get the law violated so he can have a civil case in the future.
Not that it makes this ordeal any less despicable but...his dogs' shots were a year out of date so animal control got the heads up and will follow the law to the letter and cite the guy.
If I were going to give this guy any advice (no way!), I'd say "If you're gonna play the game, your sh** better be straight."
Howard
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Re: The Assistance Dog Scam?!!
[Re: Howard Knauf ]
#198314 - 06/11/2008 02:28 PM |
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Apparently anyone can give out these cards, certifying your dog as a "service dog". An aquaintance of mine told me that she was considering getting one of these cards for her untrained pit bull mix so that she could take it everywhere with her. I don't remember the fee, but she said that all she had to do was pay for it, and she would have the card. No testing, or anything else. This for a dog that she brought out to our club for an evaluation. The dog was judged to be aggressive and unstable, and she was warned to watch the dog around her 4 year old daughter. I told her that real service dogs require a lot of time and training and have real jobs to do.
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Re: The Assistance Dog Scam?!!
[Re: Pam Tyler ]
#198316 - 06/11/2008 02:42 PM |
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The whole scam is insulting. Especially for those who really need a service dog.
My brother took his family to wiscoinsin dells with his nephew's service dog. The manager was a real a hole but my brother had all the documentation and by the end of the weekend the dog was going down the water slides with the kids.
Michelle
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Re: The Assistance Dog Scam?!!
[Re: Pam Tyler ]
#198317 - 06/11/2008 02:43 PM |
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OK, Thanks to Jennifer I spoke to the ADA on their 800 number. The lady confirms everything that the guy says. When queried how one would prove or disprove an alleged "Service" dog in court should there be a frivolous lawsuit...I'm told the lawyers have to figure it out. They weren't too sympathetic to my plight.
Howard
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Re: The Assistance Dog Scam?!!
[Re: Michelle Berdusco ]
#198318 - 06/11/2008 02:46 PM |
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The manager was a real a hole but my brother had all the documentation and by the end of the weekend the dog was going down the water slides with the kids.
What sort of documentation? Just curious as the ADA says none is required.
Howard
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Re: The Assistance Dog Scam?!!
[Re: Howard Knauf ]
#198321 - 06/11/2008 03:20 PM |
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Howard sorry to hear you didn't get any helpful information I am right with you on being furious about people and claiming their dogs are service dogs. I have confronted people myself when businesses could not and essentially shamed them out of the store. As long as I make it very clear I am not associated with the store I'm allowed to do so. As long as I don't cause a scene and keep things more or less low key.
People have brought in cats, a ferret, an iguana, birds. All claiming it was a service animal and the stores can't do anything about it even when the yippy ankle biters pee on things and snap at people.
I think there needs to be regulation on service animals - they must pass the CGC and TT for example, and the TDI. I don't know, it's crazy.
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Re: The Assistance Dog Scam?!!
[Re: Jennifer Marshal ]
#198323 - 06/11/2008 03:26 PM |
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I agree with some sort of minimum standard or at least documentation. The primary officer on this call is so pissed that he's contacting our congressman. And I thought I was a hard nose on some things. I doubt anything will come of it but I hope it does.
Howard
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Re: The Assistance Dog Scam?!!
[Re: Howard Knauf ]
#198325 - 06/11/2008 03:41 PM |
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Hope something does come of it Howard. I know that no documentation is required but any dog I try to claim is a service animal that I train or work with will have a CGC and TT and TDI. It just is not fair to those with true service animals to have these lying cheating idiots parade around with unstable or dangerous animals calling them service animals in public places, giving all service animals a bad name.
It is not difficult to get a CGC or TT and I think it is a fair requirement.
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