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06-12-2014, 05:04 PM | #16 |
Donating YT 500 Club Member Join Date: Sep 2010 Location: USA
Posts: 4,285
| They can only ask what service(s) your dog performs for you, and the trick question, is your dog a service dog. If you state yes your dog is a service dog and it fails to perform or behaviors in any way suspiciously or other than how a service animal,would be expected to then you are liable for fraud or in some states felony. The TSA is becoming more aggressive in its evaluation of service dog and there is a case of terrorism charge for someone who was caught with a fraudulent service dog on a plane. Airlines are starting to take a harder line on ESA ( emotional support animals). Part of this stems from the situation that they will only allow a certain number of dogs on each flight and several dogs on a plane can be problematic for passengers and flight crew. Plus if some one fraudulently brings an animal that is not individually trained as a service on a plane it means someone with an authentic service dog was not able to get on the flight. They cannot ask what your disability is but having medical documentation can help. There is no registration for service dogs so don't get sucked into that. Important to remember the ADA is American only. The rules and laws totally change in other countries. And some states have additional criteria for service animals. Because the ADA law is vague in many areas it makes the legal cases that do come to trial especially contentious and damages all service animal standings. We are all eagerly watching the recent incident of the large dog that pooped so many times in the cabin that the flight had to make an emergency landing (apparently due to the odor and the flight crew doing constant clean up duty). In service dog schools this situation is covered.
__________________ . Cali , and Cali's keeper and staff, Jay No, not a "mini" Yorkie - She loves to motor in her Mini Cooper car |
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03-20-2015, 01:07 PM | #17 |
YorkieTalk Newbie! Join Date: Mar 2015 Location: Wisconsin
Posts: 4
| in wisconsin in my state for service dogs they can ask do you need the dog because you are disabled AND what tasks does it perform for you. ESA dogs are not covered in my state. |
03-20-2015, 01:18 PM | #18 |
Donating YT 500 Club Member Join Date: Sep 2010 Location: USA
Posts: 4,285
| The ADA is Federal not state, and it trumps state law. If you have a service animal everyone knows you have a disability, but they cannot ask you what your disability is. You are correct that they can ask you what task your service animal performs for you. When I am asked that question is usually give them one of the tasks she performs - I do not go into more than that. I also carry cards that I give them that explains the ADA law. You are also correct that ESA are not service dogs - however, there are some places, such as housing, they can have access to.
__________________ . Cali , and Cali's keeper and staff, Jay No, not a "mini" Yorkie - She loves to motor in her Mini Cooper car |
03-20-2015, 01:21 PM | #19 | |
Donating YT 500 Club Member Join Date: Sep 2010 Location: USA
Posts: 4,285
| Quote:
__________________ . Cali , and Cali's keeper and staff, Jay No, not a "mini" Yorkie - She loves to motor in her Mini Cooper car | |
03-20-2015, 02:00 PM | #20 |
Donating YT 500 Club Member Join Date: Sep 2010 Location: USA
Posts: 4,285
| Just To clarify: No one can ask you to demonstrate your dogs task he performs for your disability. They can ask what task the dog performs, however. The only time I have been asked to demonstrate the task was when I was overseas (remember ADA I is USA) only). I was getting on a plane that was about to leave and since I did not want to miss it we gladly complied. In the US they could not have asked for the demonstration. Emotional Support Dogs are not considered service dogs, however, psychiatric trained dogs are. When my Cali was in training, some of the training was like cross training before it became specific for different disabilities - so she learned to "clear a room" like the PTSD dogs were being trained. However,mothers were some other tasks that PTSD service dogs do that she doesn't do. Anytime the dog is there for the handler just for their presence is not a service dog - that is emotional support. They have got to have specific tasks t hat are accepted for a particular disability. Saying you Are getting a puppy too train to be a service dog because it takes too long to get an already trained service dog is an interesting comment -- it takes about 18 months to two years to fully train a reliable service dog. It is true that there is a problem with how long it takesm to train them and getting a service dog depending upon the degree of disability. Wish that were not the case, but it is just a sad fact. And the cost is about $20,000 + to train one of those dogs. Awful barriers!
__________________ . Cali , and Cali's keeper and staff, Jay No, not a "mini" Yorkie - She loves to motor in her Mini Cooper car |
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