service dog paperwork
#284423 - 07/12/2010 07:45 PM |
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I am asking for a friend who is being attacked in her workplace by someone who says their dogs (2 orf her 3) are service dogs that alert her of her sugar going too low. My friend, who is the diabetics boss, has requested the paperwork and that the dog be housebroken and on leash in the workplace. The diabetic is fighting this and making trouble for my friend.
I board this ladys dogs and know she does not take them on trips with her, that they are NOT housebroken, poorly socialized and not obedience trained. This lady is on the edge of losing her job and the sincere feeling is that this is her ploy to either keep her job or sue.
I am going to google too but know some of you are far more intimate with the information and maybe more helpful. Is it legal and fair to ask for proof of some sort that these dogs are service dogs. Is it legal and fair to ask that they be leashed and civil and housebroken.
Ironically the lady is also insinuating that my friend is homophobic and out to get her because of her orientations. And that the food sometimes presented at meetings is not diabetic friendly and it is their responsibility to help her with her sugar troubles. The irony is that this friend has known me for most of my life and knew my mom...who was a lesbian. AND this friend is diabetic and purposely provides sugar good foods, for her own good and that of others.
Any help would be tremendous. I am gonna go search before I pass out. Thanks for anything you can offer.
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Re: service dog paperwork
[Re: Sonya Gilmore ]
#284426 - 07/12/2010 07:54 PM |
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I got you covered.
It will take a while but I will get it together.
Be back in a few.
The dogs must be under control or she can kick them out.
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Re: service dog paperwork
[Re: Willie Tilton ]
#284432 - 07/12/2010 08:16 PM |
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Willie you are wonderful!
I have to go to bed as I am started to throb....something about doctor's orders....anyway. I will check back tomorrow.
Thank you so much.
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Re: service dog paperwork
[Re: Sonya Gilmore ]
#284434 - 07/12/2010 08:20 PM |
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Re: service dog paperwork
[Re: Willie Tilton ]
#284463 - 07/12/2010 10:24 PM |
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Your friend has the right to ban the dog from the work place for the grounds you mentioned. If the owner brings up a case with the ADA, it would most likely be dismissed if the animal is as bad as stated.
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Re: service dog paperwork
[Re: Tammy Moore ]
#284474 - 07/13/2010 03:17 AM |
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We just reviewed the guidelines for our resort and the others are correct. The animal must be under control, up-to-date on required vacinations (i.e. rabies), and you are permitted to ask cerain questions but not others:
A. The guest MAY be asked:
• “Is this a Service Animal?”
• “Is this a Service Animal required because of a disability?”
• “What tasks have the animal been trained to perform?”
B. The guest should NOT be asked:
• What their disability is.
• For proof of training, certification or identification, or form of verification of the animal’s status as a Service Animal.
• For a doctor’s note or any other form of verification or proof of the guest’s disability.
You can also require the service animal to be properly leashed or crated, with the person at all times, and to be wearing prooer identification (i.e. an ID tag (type you'd have on any pet not Service Dog specific), vaccination tag, license).
"A dog wags his tail with his heart." Max Buxbaum
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Re: service dog paperwork
[Re: Elaine Haynes ]
#284499 - 07/13/2010 08:48 AM |
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These are the legal guidelines that apply in almost all public spaces with very few exceptions (churches would be one).
There is no paperwork requirement because there is no legal certification process for service dogs. There are a few places online that a person could "buy" certification papers, but there is no real legitimacy to it. Folks who get their dogs through a program may have some type of written "proof", but only a small percentage of service dogs come from programs these days.
HOWEVER, as everyone mentioned, the dog is expected to behave in a manner that does not impinge on the rights of others. There is no law that allows for TWO service animals that I know of.
I have never read anywhere before that it was okay to ask what tasks an animal is trained to perform? Is this a recent change?
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Re: service dog paperwork
[Re: Kristel Smart ]
#284502 - 07/13/2010 09:07 AM |
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I don't know if its a new thing..but her quote is pretty much straight off the ADA site.
A. The guest MAY be asked:
• “Is this a Service Animal?”
• “Is this a Service Animal required because of a disability?”
• “What tasks have the animal been trained to perform?”
They can't ask what is wrong with the disabled person, but can ask what the dog is trained to do.
I provided some links in my post earlier that are to the actual ADA service animal site...there is lots of interesting info there.
I was confused about the two dog thing also ....never heard of that one.
The dog must be trained to actually do something.....just being there and making someone feel better doesn't count.
I would like to know what the dog's TRAINED indicator of low blood sugar is...not "he just looks at me and I know he is telling me" (not legal)....but what has he been trained to do to tell her?
Just read through the ADA link I provided..and it doesnt say any thing about asking what the dog is trained o do on that page.
I know I've read it somewhere...now its going to bug me...lol..off to find it to see if its misinformation or I did read it....
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Re: service dog paperwork
[Re: Willie Tilton ]
#284505 - 07/13/2010 09:36 AM |
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Yeah, that piece just seemed a bit out of place. The way the guideline is written officially as I understand it is that a service dog is "....to do work or perform tasks..." and not necessarily to perform trained tasks, in order to cover service animals like seizure dogs and psych dogs, who's 'tasks' may not necessarily have been trained, but are still important. I'm wondering if the terminology changed while I wasn't looking
During a public access challenge, how would someone explain this in terms of it being a trained task if it's more of an instinctive thing on the dog's part?
I know I'm being super nit-picky, but it's enough of a distinction that if it went to court, emphasis on this particular guideline may not be helpful. I would definitely focus on the inappropriateness of the dogs' behaviour.
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Re: service dog paperwork
[Re: Kristel Smart ]
#284509 - 07/13/2010 10:22 AM |
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Kristel...I love being nit picky...Especially about things like this......You are right...all the facts need to be known if there is a possible court case involved.
I went to the ADA site and got this great page...I'll link and then paste the text.
http://www.ada.gov/svcanimb.htm
There is a part that speaks to the asking what the dog is trained to do..I'll highlight it...and a part about trained tasks..I'll highlight that too.
Americans with Disabilities Act
ADA Business BRIEF: Service Animals
horizontal border
Service animals are 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.
Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.
* Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform , but cannot require special ID cards for the animal or ask about the person's disability.
* People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
* 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 (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.
* In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
* Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
* A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.
* Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.
* Violators of the ADA can be required to pay money damages and penalties.
There is a picture that shows a service dog picking up a drink can and bringing it to woman using wheelchair.
It is captioned: Service animals are individually trained to perform tasks for people with disabilities.
I take the example of the picture of the dog performing a trained task, right above the phrase of individually trained to indicate that the dog needs to show a trained behavior....possibly for a sort of proof of training. To avoid the bogus dogs.
During a public access challenge, how would someone explain this in terms of it being a trained task if it's more of an instinctive thing on the dog's part?
The dog can be trained to show a indicating behavior to a natural instinctual ability..example..the blood sugar drops and the dog is trained to put its paw on the person's body as an indicator.
This is one reason that the psych dogs have more trouble with access rights.
However if you have severe anxiety attacks and have a psych dog, you can train the dog to carry a pack with your medication...or have the dog trained to fetch the medication.....this is a trained behavior.
The point is to have training on the animal..at least something..to prevent fakes.
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