Friday, February 29, 2008

On service dogs

A friend who has multiple sclerosis was recently telling me that she was going to have her golden retriever trained as a service dog, primarily to help her with her balance and picking things up.

During our conversation I learned that there is no ‘official’ certification or licensing of service animals. It seems that an individual with a disability may have a dog trained to perform whatever service they might need and then the dog is a service dog. While some dogs might wear something like a coat that states that they are a service dog, this is not required.

I found this news somewhat surprising.

Recently, in my workplace, we had an issue related to a service animal needed to assist with hearing impairment. Since this wasn't your typical "guide dog for the blind" service dog, its presence caused a certain amount of conflict in the office. The building management wanted to know what a dog was doing in the building. Then, some people were afraid of the dog (a little terrier type, go figure) and others found the barking to be distracting and unprofessional (a young dog, still in training). The person had to present documentation about their disability and the fact that the dog was a service dog to HR before the dog was officially 'allowed' to come into the work place.

My research reveals that allowing a service dog into the workplace is different from allowing access to public places or “privately owned businesses that serve the public.” Title I of the Americans with Disabilities Act (ADA) does not require automatic access to the workplace for service animals. Instead, allowing a service animal into the workplace is a form of reasonable accommodation (like agreeing to provide an ergonomic chair). An employer must consider allowing an employee with a disability to use a service animal at work unless doing so would result in an undue hardship (presumably on the organization).

On the other hand, Title III of the ADA is about public access, and service animals must be allowed access to anywhere the public can go. This includes in “privately owned businesses that serve the public” -- including, interestingly I thought, taxis. The answers to some commonly asked questions can be found on this Department of Justice page.

While allowing reasonable accommodation and access are important, at the same time, it seems to me that the absence of any type of certification or licensing might open up the possibility of abuse. (Note yesterday’s post where Chicago dogs have to be licensed just to go drink water on a restaurant patio.) Someone could declare their dog to be a service dog if they wanted it to be allowed access to places where dogs are not typically allowed. What is to stop me from taking Phoebe into a restaurant or the post office and stating that she is a service dog? Like my friend who has MS, disabilities are not always obvious.

Just another something to ponder for today....

2 comments:

Anonymous said...

Hi, I just read your post and I like it. It explains clearly what you learned, while at the same time reavealing your skeptism and concerns.

Here is my take on all of this.

Legally, a service don, be it a guide dog, hearing alert dog, assistance dog, whatever, as long as it is individually trained to assist a Person With A Disability, is not a pet.

So, first definition, the service dog is not a pet.

Second definition is the more important one, however. The definition of what constituted a Person With A Disability. a PWD.

So the problem arises that folks become focused on someone claimes the dog is a service dog, to get their pet admitted. Then you, and some others think the solitiun is to make sure the dog is certified.

That is the wrong approach.

The issue is the person, not the training of the dog.

Is the person a qualified PWD?

If you are not disabled, do you believe it would be legal for you to tale a guide dog into a store? Even if the guide dog was in harness, and certified?

Of course not. The dog has to be working for YOU, and to ameliorate your DISABILITY.

Although I am a PWD, and use a servvice dog, I can't take my blind friends guide dog into a store, because my disability is not blindness, and I do not need the services of a guide dog.

I think that no matter how many times we explain that a service dog is not a pet, folks keep focusing on the fact that "well its still a dog," instead on the person.

how ofter do we question where the wheelchair was made, and wether or not the wheelchair is certified.

if the service dog is well behaved, and working for the PWD, then what is the problem, really?

If the person is NOT a PWD, but is faking disability, then the problem is the person not the training or certification of the dog.

i hope this explaination is helpful, and I don't mean to be rude, but lets not attack trained service dogs, when the problem seems to be people who fake disability for a number or reasons, including illegally using disability parking plackards. Thise are certified plackards, are they not? So, its not the certification, it is the person who is faking disability that is breaking the law.

take care
Kathy

Anonymous said...

I agree with Kathy. I got my guide dog trained by "Guide Dogs for the Blind" in 2000. We have worked together ever since.

I've been blind since birth, and in 2004 became a quadriplegic. My guide dog adapted to working with me while I use my wheelchair, but as she is getting older I started looking into schools where I could get a dog when she decided it was time to retire.

I couldn't find any guide dog school or service dog school that was willing to train another dog for me. I tried every school in Canada nad the US. The only way I could get another guide dog was to use a power wheelchair.

If all service dogs had to be certified when my current guide dog retired, I wouldn't be able to work, I'd have to move because I wouldn't be able to afford living where I do now, I'd have to go live in a nursing home (although I'm only 26), and have no life.

My guide dog is the only way I can be independent. Also, every dog is trained to do different tasks in different ways, so how could the certification process work? How far would you have to travel to get yoru dog certified? How much would it cost, and who would say if the dog was "certified" or not?

I'm really glad service dogs don't have to be certified. Even if they did have to be certified, people would still make up fake certificates saying their dog was certified.

Right now I use a manual wheelchair and have built up enough strength in my arms to be independent. (I am a quad, but although I can't move or feel my hands, I can move my arms).

If I gave in and started using a power wheelchair I would loose my independence because I would quickily loose the strength in my arms fromnot using them as much. I would need to have someone take care of me, and wouldn't be able to live independently.

The only option for me was to train my own dog. I'm currently training a puppy to become my new guide/service dog to take over the work of my current guide dog when she eventually retires.

If dogs have to be certified it's only hurting people like me, who need their dogs to help. Most schools have at least a 2 year wait (if your lucky) for a dog (if they will even train one for you). If people want to take their pet dogs into stores and claim they are service dogs they will find a way if service dogs have to be certified or not.