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Old 07-06-2012, 03:15 PM
 
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Quote:
Originally Posted by foxywench View Post
thank you PF, the VA is one area of SD's im not at all familiar with as oviously...im not a Vet.
Don;t feel bad, most people, have no idea about SD period much less all the little rules and regulations, acceptable this and thats, federal versus state laws, and my favorite = court sanctioned exceptions of looking the other way this time....
heres' an example. Unbder ADA a person can not descriminate againt a person with a Servoice Dog when renting a place beacsue its treated the same as a wheelchair and not a pet. ADA specifically excludes Emotional Support from the definition. Does that mean a landlord can deny renting to a person with a Emotional Support dog under the ADA? (hint, trick question)
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Old 07-06-2012, 04:02 PM
 
Location: North Western NJ
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see i would think as an ESA the landlord could refuse, however if that ESA was task trained id think it would be legally defined as a service animal rather than an emotional support animal and therefore safe from discrimination.

Id also think that in the case of ADA not covering there might be local/state laws that would.
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Old 07-06-2012, 05:02 PM
 
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Your starting to see it.....

Under ADA the Emotional Support Dog is not a Service Dog (remember specifically written out regardless of training) but a obscure and often overlooked area of ADA says that writing out emotional/comfort/therapy etc dogs does not mean a agency of the federal governement can;t write it in with requirments and definitions. So under ADA they are not Service Animals But under ADA, they are because another agency has covered them under federal housing laws. Under ADA a resturant can kick out emotional support dogs but not from a housing rental unit.

Now whatr makes it even more confusing is what you said, with the exception of Housing under federal law, there are no other federal regulations that accept any form of emotional, comfort, therapy, or whatever dog. All these addiitional protections are STATE specific and granted under STATE laws for that state. So a person in California will have legal protection for their emotiuonal support animal than someone in North carolina. A person in Wyoming may have a monkey lehgally classified as a service animals but looses that protection if they go to Montana.

What has happen is over the years people have taken state laws and repeated it so often to others that many (majority) of folks assume that there are certain national federal protections for their service animal that does not exist on that level.

Thats why almost everything you read about PTSD and dogs, emotional support dogs, or comfort dogs, or therapy doigs etc, that does not specifically identify the state its pertaining to, well the info is pure bunk most of the time outside the state its actually based on.

Since the DOJ specifically excluded emeotional support animals with congress blessing, we all know the next step ius national verifiable certification. That is the only way congress will ever agree to allow emeotional support animals to be included under ADA is if these was some way to verify the legitimate nature. I can't blame them since I bet 60% of the service dogs I see are fake. Pure BS pets being pawed off as SD so their owners can take them with them.
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Old 07-06-2012, 05:24 PM
 
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Quote:
Originally Posted by Sam I Am View Post
I have one totally innocent question, though - how do airlines keep people from proclaiming their 160 lbs. Mastiff is a service animal and having it fly in-cabin since, other than service dogs, anything larger than a teacup is pretty much prohibited?
In the eternal stupidity of the US Governement, they enacted a law designed to protect disabled people who use legitimate Service Animals, but provided no method to screen out fakers. Its essedntially an honor system.

Passenegre declares they ahve aservice anaimal.
Airline can only ask the qualifying questiuojns.
So long as answers match question, they MUST allow the animal aboard as a Service Animal.

the questions and answers are widly available ont he internet, a search for "airline questions service animals" will bring you the questions and what answers are acceptable and what answers are not. Many of the cpompanies that sell these frauds fale service animal vest, tags and id's also have the answers right on their web sites. Even legitimate diablity advocate groups post the Q&As as a service to the disable to understand what can be asked and what you must say. Unfortunetaly, anyone wanting to fake a SD can get assistance to scam the system direct from these organizations.

The problem is eveything is aimed specifically to ensure a disabled person with a legitimate Service Animal is not ilegally or inappropriately interegated about them slef or the aniaml, however, nothing,
nada, zilch, butkis was done to even remotely attempt to keep the fraudsters from abusing the system and they do it every day.

The system is very broken but since so much is focused on ensuring someone isn;t asked to prove their serviuce dog needs, there is really no way to accompish that and keep the fakers out so it is what it is. Kinda like getting Super Bowl tickets by buying in the handicap reserves section. Don't have to prove the handicap, so fake it as nobody can ask you what the handicap is.
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Old 07-06-2012, 06:41 PM
 
Location: West Virginia
13,931 posts, read 39,323,724 times
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Quote:
Originally Posted by PacificFlights View Post
Don;t feel bad, most people, have no idea about SD period much less all the little rules and regulations, acceptable this and thats, federal versus state laws, and my favorite = court sanctioned exceptions of looking the other way this time....
heres' an example. Unbder ADA a person can not descriminate againt a person with a Servoice Dog when renting a place beacsue its treated the same as a wheelchair and not a pet. ADA specifically excludes Emotional Support from the definition. Does that mean a landlord can deny renting to a person with a Emotional Support dog under the ADA? (hint, trick question)
LL Are the only places [renting] where ES-SD Are ADA covered. This Does Not give these dogs permission to go into store, etc. The only thing this does is keep you from paying Pet Deposit & Pet Rent! Or IF animals are Not allowed then Only SD can live there. Hope I explained this

Hers a twist example.... Katie is my Tasked Trained SD So IF she with me she Can Go Anywhere! BUT she helps my son with his Asp Syndrome & PTSD... BUT She Not allowed in Store with him!
LadyBug on the other hand is not fully tasked trained...so she listed as his Service dog by dr for my son for the LL benifit! The Dr is NOt a VA dr hes a dr we both see outside of the VA system. Cause VA Does Not put in writting anything on SD!

Last edited by Katie1; 07-06-2012 at 06:55 PM..
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Old 07-06-2012, 11:39 PM
 
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Quote:
Originally Posted by Katie1 View Post
LL Are the only places [renting] where ES-SD Are ADA covered. This Does Not give these dogs permission to go into store, etc. The only thing this does is keep you from paying Pet Deposit & Pet Rent! Or IF animals are Not allowed then Only SD can live there. Hope I explained this

Hers a twist example.... Katie is my Tasked Trained SD So IF she with me she Can Go Anywhere! BUT she helps my son with his Asp Syndrome & PTSD... BUT She Not allowed in Store with him!
LadyBug on the other hand is not fully tasked trained...so she listed as his Service dog by dr for my son for the LL benifit! The Dr is NOt a VA dr hes a dr we both see outside of the VA system. Cause VA Does Not put in writting anything on SD!
You explain the renting this pretty well Another thing that makes it complicated is in some states, they have under state law expanded state laws for service dogs to include other typoes like emotional and theraphy dog. Because these are local state laws, they can require any form of whatever so long as it does not cross over to the fedreal ADA laws. Thats why you read people in some states talking how their emtional support dog is licenesed. In that state they do issue liceneses. Other states may require some form of skill test to prove the dog meets that state laws, and many require a mental health professional to certify the person needs the dog. All those are state laws offering protections within the borders of that state, but too many people mistakenly think its some federal law and applies all over.

Now don;t know the ins and out of the VA and Service Dogs but I think I read that the main issue with dealing with PTSD and Service Dogs for the VA is that they would have to code the need wihin the diagnoisis that allows for SDs and all thsoie currently require the labeling of mental illness. As you know, mental illness is a killer for vets because it bars them from ever holding federal employment, getting a security clearence, continuing their security clearence, limits employment with defense contrtacting, and basically blacklist them from anything but lower level employment. I understand thats something the VA is trying to vaoid at all cost. I operson with a mental illnes coding from the VA is barred from holding any job wthion my company. No matter how good they are or how skilled they are, a VA mental illness lable is a automatic "No Hire" death stamp for a candidate.
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Old 07-07-2012, 10:37 AM
 
Location: West Virginia
13,931 posts, read 39,323,724 times
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Before I became Disabled I was trying to Rent with 3 dogs 2 Collies & a Sheltie This Pre-dates ADA Anyway cause they were all obedience trained with certificates they graduated from basic. Most LL I talked to were willing to bend/break their No Pets Policy for them. I betting LL would be more Flexable If more People would train their pets. Now they could just get the Dogs CGC. Stop ALL the Lies about ther PETS being SD. I sure in the future the rules are going to get stricter.... Revised ADA Requirements: Service Animals This is one step it that direction! Think my next Service Animal going to be a mini Horse LOL Actually I already had a Quarter Horse that did things for me Like pick me up off the ground!! Go get help!

Maybe in the Future the VA will pay for SD & I wont have to train my next one! But I know they Dont pay for them now!

Found this Interesting.... Court Cases conserning SDs! http://www.ada.gov/new.htm

Last edited by Katie1; 07-07-2012 at 10:47 AM..
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Old 07-07-2012, 10:16 PM
 
Location: Northern California
970 posts, read 2,214,792 times
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Quote:
Originally Posted by Katie1 View Post
Pass... I would add going for phone cell & landline. Cause you never know!
We have considered that but right now we are working on turning lights on/off.

I also forgot to mention that we did the Public Access Test with our dog.

Regarding airlines, we called the airline in advance and they put us in one of the rows with slightly more room to accommodate the dog (60lbs). I don't know for sure what questions the airline asked because I didn't book the flight. At the airport a lot of random people asked us questions, which my husband and I answered.

I don't have experience with the VA and service dogs since my husband is not a vet.
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Old 07-07-2012, 10:49 PM
 
Location: West Virginia
13,931 posts, read 39,323,724 times
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LadyBug is working on Touch Lamp & Gettin my keys & New Cell [old one battery died] I Mix it up so she wont get bored LOL She gets 15 mins work 45 mins of play!! All mixed up!

Guess we got the VET idea cause you said he has PTSD.... Should not assumed LOL My sons PTSD came from crossing the street getting hit by car!!! He wake up screeming IF he even wakes. Katie can tell when its about to happen she comes & gets me! Most times I can wake him a bit to keep him from disturbing the neighbors! Few times I couldnt wake him they called the cops... They got him awake while I held Katie! She Bites if you touch him! What happened to you hubby [dont answer unless you want to] ????
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Old 07-07-2012, 11:33 PM
 
Location: Northern California
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Quote:
Originally Posted by Katie1 View Post
What happened to you hubby [dont answer unless you want to] ????
Law enforcement related.
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