Airline implements stricter service dog rules because of rampant fraud

On March 1, 2018, Delta Air Lines will start to enforce the new rules that require additional written documentation from a health or animal expert before the emotional support animal can board an airplane.

Starting March 1, Delta Airlines will require a letter from a health professional certifying the need of a person for a service or comfort animal and, at least, vaccination papers that show that the animal has received a full set of vaccines 48 hours prior to the planned trip. In addition, all service and therapy animals must be fully trained and well behaved.

Excessive, incessant noise creates disturbances for other passengers that justify a refusal to admit the animal to the plane. So do, of course, animals that are not housebroken. They also forfeit their privilege to accompany their owner on a plane.

The new rules to be implemented by Delta Air Lines were prompted by an eighty percent increase over last year in complaints about service dogs and comfort animals. Approximately 250,000 service and comfort animals travel on Delta planes every year.

Though dogs are by far the most common service animals, airline passengers have attempted to fly with comfort turkeys, snakes, spiders, possums, and many other species.

True, the Americans with Disabilities Act (ADA) gives disabled and other qualified persons the right to be accompanied by their service dog. These dogs are trained to perform services for their owner (such as fetching things and pulling wheelchairs) that make life easier and more enjoyable for their owner. Comfort dogs, more often referred to as therapy dogs, do not qualify as service dogs because they lack the necessary training to be true service animals.

Nevertheless, they should be allowed to go with their owners on public transportation and airplanes. It is certainly not asking too much to demand a written statement from a health professional or animal expert certifying the need of a person for a therapy animal and the qualification of a specific animal to perform such service.

No doubt, comfort animals that urinate and defecate all over the place, have no business in public transportation. And neither do large or scary animals that run loose and startle unsuspecting passengers.

The general public has the right to use public transportation without fear of having ‘companions’ forcing themselves on them. Like the 70-pound companion dog who manhandled and injured a flight passenger. Or the companion snake that started to slither around freely in an airplane during a long flight.

Service dogs and companion animals fulfill valuable services for the disabled and needy. On the other hand, the very wide and vague definitions in ADA allow unscrupulous and reckless people to take advantage of ADA. And if it is only to prove the point that ADA in its current version invites abuse. Worse, however, are those interested in making a quick buck and not in the welfare and the safety of the public in general.

Those people set up online shops and hawk everything from phony service dog vests, patches, and other trinkets to certificates of graduation from a licensed service dog training facility.

Licensed by whom?

There is no ADA certification training and licensing program for service dogs. It is all voluntary and only subject to self-policing.

Talk about putting the fox in charge of the hen house!

True, it is only a relatively small number of websites that sell phony service dog stuff and maintain equally bogus service animal training and certification schools. But the damage they do to the disabled that indeed need a service animal is disproportionately great.

From the beginning, we have postulated that ADA needs to be modified to reign in the fraud and abuse that is now associated with it. Unfortunately and predictably, things have not improved at all. On the contrary, there is more abuse of the privileges ADA affords service animals now than ever before.

Why? Because the rampant abuse by a  few rotten apples spoils it for the majority of those who have an honest need for assistance.

A backlash is inevitable and sure to come. The only question is when it will hit really hard. The new airline procedures and restrictions for service and comfort animals are just a beginning. Legislative action and court decisions are only a logical escalation.

Service dog fraud will continue unabated until legislative action has put some 'teeth' into ADA. We can not continue to leave it up to some creative entrepreneurs to set the terms for what a service dog can do rightfully. And, of course, which animal has honestly earned the right to claim service animal privileges.

It generally takes months to train a seeing eye dog. Only a few dogs even qualify for the training.
Explain to me why and how an online service dog training facility can fully prepare a dog in a few hours online. Any service animal "certification" from such an online outfit is not worth the paper it is written on.

I hold that the owners and operators of such service dog schools should be prosecuted for defrauding the public. 

PJJ

THE ANKLE-BITERS ARE COMING BEWARE!

A court in Wimbledon, south London, heard the case against a ’dangerously out of control dog’. The vicious animal stands accused of having bit the ankles of a mail person. The perpetrator is an 8 inch tall Chihuahua.

Meet Louie, the ankle biter. And watch his left ear! It is a dead giveaway.

The incident happened in March of last year when residents noticed Louie, the vicious dog, hanging off the ankle of the mail carrier. The owner John Anslow had let his dog off the leash near his home in south London. Anslow denies the charge of being the owner of a dangerously out of control dog that caused the injuries which hospitalized the mail person.

Furthermore, Anslow denies that Louie came anywhere near the mail person. Louie ‘only barked’ said Anslow. The mail person simply walked away without claiming that she had been bitten, said Anslow.

Wild pigs rip off fingers of innocent dog walkers. Chihuahuas, however, are too small and not strong enough to do such evil deeds.

However, statistics of dog bites in the United States point at Chihuahua dogs as the number one ankle biters among all dogs. Chihuahuas contribute the highest number of dog bites according to those data. While the number of dog bites from small Chihuahua dogs is high, their severity is usually not. The dogs are just too small to do major damage.

Severe dog bites that are life threatening are inflicted by large breeds such as the infamous pit bulls, German Shepherds, Rottweilers, and a number of large hunting or herding breeds that have no business living in urban apartments.

Nevertheless, any bite from one of these breeds makes it to the pages of local and national newspapers.

Ankle biter or not?

No, this one takes off or breaks entire limbs. But rarely.

Small Chihuahua dogs get a free pass. After all, they are only “8 inches” tall. Yet, their teeth are needle sharp and they can have a nasty temperament especially when it comes to things they consider their property.

Just try to sit on a pillow your tiny Chihuahua owns. You might be in for a surprise.

By the way, another one of these underestimated small dogs is the miniature version of the good old ‘Wienerdog’. They hold the number two rank in the list of biters, ankle biters that is.

I know because we had one living with us.

He was well-known as ankle biter and chicken thief throughout the entire neighborhood.

Chris P.

Dogs and magnetic fields

Coming soon:

Do dogs sense magnetic fields?

How do they use detected fields.

And much more.

Don't miss it.

Service Dog Laws of California

Trained and qualified service dogs are allowed to accompany their disabled handler to all publically accessible places. Selfish and inconsiderate pet owners are using this privilege to take more and more pets to places where they do not belong as I have explained in my previous article

What exactly are service dogs?

Today we will examine how a dog actually becomes a service dog.

A trained working dog can become a service dog in one of two ways:

• 1. Under the provisions of the Americans with Disabilities Act (ADA), a federal law, that defines and regulates service dogs, their use, and duty. These working dogs must be trained to perform a specific task or tasks that directly assist their disabled owner in his or her daily functions.

• 2. By qualifying the trained working dog as a service dog under state laws and regulations. Each state has a set of state laws and regulations pertaining to service dogs, their duties and privileges, and their protection.

Federal laws generally supersede state laws. But that is not always the case. With respect to service dog laws, a state law can indeed take precedence over federal law provided certain conditions are met. Federal provisions state that service dog laws under ADA supersede state law. The exception is when state law is stricter or more restrictive than federal ADA based legal requirements.

California is a good example for such a case. California service dog law provisions parallel closely those of ADA. 
However, ADA has no rules at all on how a purported service dog is qualified to function as one. ADA does not even require proof that the handler of an alleged service dog is actually disabled.

This lack of innate controls is what makes ADA so vulnerable to service dog fraud. It spawned an ever growing number of shameless websites that peddle phony service dog patches and ‘official’ harnesses, ID cards and even certificates of successful training as a service dog. 

The owner of a Chihuahua can enroll his dog in a ‘certified’ service dog training academy, pay several hundred dollars and harvest such a certification for successful completion of a training course for service dogs after a short online course or, worse yet, after receiving training instructions for the dog in the mail.

This “service” Chihuahua never ever had to leave his couch or the shoulder bag he is riding in for one second to qualify as a service animal. Nor did it have to interrupt snarling or barking for even a few minutes.

On the other hand, a dog with a California issued service dog license and his handler has to meet and prove a few requirements.

• Contrary to ADA, proof of disability is required before a California service dog license is issued.

• Furthermore, service dog license applications in California demand information on the services the service dog is performing for his handler.

• Individual animal services of counties and/or municipalities may ask that the dog demonstrate the skills he is specifically trained for.

Some animal control agencies do, other do not. My first non-ADA service dog had to demonstrate his training and ability to perform a specific task before the City of Santa Monica issued a service dog license for him.

• California service dogs must wear at all times a distinctive, easily recognizable service dog tag that will only be issued after all other requirements are successfully completed.

• Most importantly, the California owner of a service dog (or service dog in training) must sign an affidavit declaring under penalty of perjury that he/she is disabled.
  Fraudulent misrepresentations in this affidavit can make you “guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment.”

It is obvious that California law and regulations regarding service dogs are far stricter than those of the Americans with Disabilities Act. Thus, California law pertaining to service dogs should supersede federal ADA provisions.

Of course, that does not mean that everything service dog in California goes by California statutes. ADA is more frequently used because it is more commonly known. And very easy to comply with. With its use, comes the service dog fraud.

Since there is widespread lack of knowledge of service dog laws, federal or state, among businesses, government agencies, landlords and other business owners, owners of service dogs are constantly exposed to denial of access or service, foolish arguments against access by a service dog and outlandish brain-dead arguments to justify an arbitrary refusal of service or access.

The dumbest argument I got into was when my California licensed service dog was on a municipal golf course in Los Angeles. The manager of the course explained to me that ‘they” have a policy of excluding canines from their course.

Dogs, the smart Aleck assured me, are canines. Therefore, he said, service dogs are precluded from being in the public areas of the golf course.

He stalked away when I explained to him that federal and California state law expressly grants service dogs access to all public places that I can go to. Since dogs are canines, I told him, other canids are also allowed access to the gold course. Thus, service wolves, service jackals, service foxes, and service coyotes are also entitled to visit his golf course.

I am recounting this foolish denial of access to illustrate that even government agencies and their employees are traipsing very much in the dark when it comes to service dog laws.

When business managers deny you and your service dog access to a facility because someone has “allergies”, don’t count on the police or other law enforcement officers to know much about the actual laws regarding assistance animals.

Not even their supervisors or watch commanders know much about the law. They will most likely have to ask the city or district attorney for guidance. Good luck with that.

For example, the City of Los Angeles does not even issue special service dog licenses. They give you a special price for a regular dog tag and note on the receipt that the license is for a service dog.

That piece of paper is worthless when it comes to convincing a recalcitrant manager that your dog is entitled to accompany you.

Can you really blame him the manager?

I would love to say yes. However, considering the overwhelming number of fraudulent service dogs that rampage through all kinds of public places, take up space on airplanes, ride around in shoulder bags in grocery stores and theaters , lift a leg on food aisles, and bark up a storm in restaurants, I have to say no.

I cannot blame them for their skepticism.

Now, the situation is easier to handle and a dispute can be avoided in almost any case when a California licensed service dog carries a service dog tag with a number and a telephone number on it.

The number identifies the dog (as a state licensed service dog) and the phone number is the number for the issuing animal control agency.

Any police officer, as ignorant as they may be of service dog laws, can simply call the number and get the information required to solve a dicey situation.

Most of the time, it is enough to point at the special, easily recognizable California service dog tag to squash an argument.

Except when a Los Angeles public golf course manager is involved, of course.

Trained service dogs of all sizes and breeds are a blessing to their handlers. Their services make life just a little bit easier for those who have to cope with physical and mental challenges.

People should welcome them and thank them for the assistance they give to their disabled handlers instead of subjecting them to arguments and discrimination.

Nevertheless, the ever present impostors give service dogs a bad name. As so often in life, a few selfish, inconsiderate, reckless individuals act as the proverbial few rotten apples that spoil a whole barrel.

We owe respect and assistance to those among us who have to cope every day with physical, mental and emotional challenges. And we should respect their working dogs that make life just a little easier for them.

But shouldn’t we also despise and shame those who commit fraud in order to sport a dog in the bag as a fashion accessory? Or defraud air carriers and many other businesses with their phony service animals?

Service dog laws must become stricter. At least, anyone claiming a service animal should have to prove a disability. That’s the minimum.

And there have to be minimum fines for fraudulently claiming a fashion accessory or a showpiece as a service animal.

Your precious Chihuahua has no right to ride around in a shoulder bag in 'my' grocery store nor does he have the privilege to be a constant noise nuisance on my flight.

PJJ

For your information and use, I have attached to this article a compilation of California laws and regulations regarding service dogs.

The excerpt is part of an all-encompassing, excellent compilation of State Assistance Animal Laws compiled by the Michigan State University, Animal Legal and Historical Center, authored and published by Rebecca F. Wish in 2016.

This compilation covers all 50 states. It is the most complete and useful overview of service dog laws by state. Topics include not only the actual assistance animal laws by state, but also “assistance animal accommodation laws, criminal interference laws, licensing laws, disabled pedestrian laws, and service animal misrepresentation laws.”

Each section has convenient links to the referenced provisions of the law for further information and study.

No need to walk in the dark any longer, rely on hearsay, and the gobbledygook of golf managers, business managers, police and other poorly informed wannabe authorities.

Here is the complete set of assistance animal related laws and regulations of California as set forth in the Table of State Assistance Animal Laws referenced above.

The section on California service dog laws follows below.

Definitions

Under public accommodation law:

"guide dog" means any guide dog that was trained by a licensed person.

"signal dog" means any dog trained to alert an individual who is deaf or hearing impaired to intruders or sounds.

"service dog" means any dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.

West's Ann. Cal. Civ. Code § 54.1

Accommodation Law

Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog in any public place without being required to pay an extra charge.

A violation of the right under the Americans with Disabilities Act of 1990 also constitutes a violation of this section, and nothing in this section shall be construed to limit the access of any person in violation of that act.

West's Ann. Cal. Civ. Code § 54.2

Anyone who denies or interferes with admittance to or enjoyment of the public facilities or otherwise interferes with the rights of an individual with a disability is liable for each offense for the actual damages up to a maximum of 3 times the amount of actual damages, but in no case less than $1,000, and attorney's fees.

"Interfere," for purposes of this section, includes, but is not limited to, preventing or causing the prevention of a guide dog, signal dog, or service dog from carrying out its functions in assisting a disabled person.

West's Ann. Cal. Civ. Code § 54.3

It is a denial of equal access to housing accommodations to refuse to lease housing to an individual who uses an assistance dog.

West's Ann. Cal. Civ. Code § 54.1

Trained guide dogs, signal dogs, and service dogs trained may be transported in a schoolbus when accompanied by disabled pupils enrolled in a public or private school or by disabled teachers employed in a public or private school or community college or by persons training the dogs.

West's Ann.Cal.Educ.Code § 39839

Harassment of/Interference with Service Dogs

Interference/Harassment:

Any person who intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing is guilty of a misdemeanor, punishable by imprisonment in a county jail up to 6 months, or fine of not less than $1,500 nor more than $2,500, or both.

West's Ann. Cal. Penal Code § 365.6

Harassment of/Interference with Service Dogs

Interference/Harassment:

Any person who intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing is guilty of a misdemeanor, punishable by imprisonment in a county jail up to 6 months, or fine of not less than $1,500 nor more than $2,500, or both.

West's Ann. Cal. Penal Code § 365.6

Injury or Causing Death to Service Dog:

Unlawful to permit any dog to injure or kill any service dog while the service dog is in discharge of its duties. Violation is  infraction punishable by a fine if the injury is caused by the person's failure to exercise ordinary care. 

Violation is a misdemeanor if the injury is caused by reckless disregard in the exercise of control over his or her dog punishable by fine of not less $2,500 nor more than $5,000, or both. Upon conviction, the defendant shall make restitution, including veterinary bills and replacement costs.

West's Ann. Cal. Penal Code § 600.2

Any person who intentionally causes injury to or the death of any service dog, while the dog is in discharge of its duties, is guilty of a misdemeanor is guilty, punishable by imprisonment up to 1year, or by fine up to $10,000, or by both. Upon conviction, a defendant must make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.

West's Ann. Cal. Penal Code § 600.5

Driving Law

A totally or partially blind pedestrian who is using a guide dog, shall have the right-of-way.

Driver must yield the right-of-way and take all reasonably necessary precautions to avoid injury to this blind pedestrian

Failure to do so is a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, or a fine of not less than $500 nor more than $1,000, or both.

West's Ann. Cal. Vehicle Code § 21963

Licensing Law

For a license, person must sign affidavit stating dog is trained assistance dog. Person who makes false affidavit faces 6 months in jail and/or $1,000 fine.

Upon the death or retirement of an assistance dog, the owner or person in possession of the assistance dog identification tag shall immediately return the tag to the animal control department that issued the tag.

West's Ann. Cal. Food & Agric. Code § 30850.

Fraudulent Representation 

Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed/qualified/identified as a guide, signal, or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment.

West's Ann. Cal. Penal Code § 365.7

What exactly are service dogs?

The Americans with Disabilities Act (ADA) governs and regulates assistance animals, more commonly referred to as service dogs, for the disabled.

Since March 2011, only dogs are recognized as service animals under the titles II and III of ADA.

Title II refers to state and local government services. Title III regulates access of service dogs to public accommodations and commercial facilities.

Title II and III facilities must allow service dogs access to all areas where people are allowed to go.

Service dogs are dogs that are trained to do work or perform tasks for people with disabilities. The task or work performed by the service dog must be specific, or directly related, to the disability of the disabled handler.

Service dogs are working dogs. They are not pets.

A service dog that rides around in someone’s shoulder bag is a pet, not a service dog. It has no business in a store, a hospital or an airplane. Even it is wearing a colorful harness with “service dog” plastered all over it.

Iguanas, ducks, and snakes are not assistance animals under ADA rules.

Regardless of what their owner tells the air stewardess.

There are two notable exemptions to this general rule:

• Miniature horses do qualify as assistance animals,
• The Fair Housing Act and the Air Carrier Access Act

use broader definitions for assistance animals.

ADA definitions do not supersede these more general definitions.

State and local governments, businesses and non-profit organizations must allow service dogs access to all areas where the general public is allowed to go.

Service dogs must be leashed, harnessed or tethered at all times except when this requirement would interfere with the service animal’s work or when the disability of the handler would prevent the use of these control devices. Under these circumstances, the service dog must be under voice, signal or any other effective control available to the disabled person.

It follows that service dogs require specialized training above and beyond the basic training any dog should have. “Good canine citizen training”, as it is sometimes referred to, is not sufficient for a service dog.

An assistance dog needs to be trained to perform work or a service that is directly beneficial to the disabled person or significantly improves his or her ability to function.

Of course, there are times when it is not obvious what work or service the service dog is performing. In such a case, the staff of an establishment may only ask two questions:

• 1. Is the dog a service dog because of a disability,
• 2. What work or service has the dog been trained to perform.

However, the staff cannot ask for medical documentation, medical identification card or proof a specialized training. And neither can the staff nor anyone else demand that the dog demonstrates its skills or the ability to perform the service or work.

Allergies or a fear of dogs are not valid reasons to exclude a service dog from a facility.

A service dog can only be removed from a location if the animal is out of control and the handler does not take control of the dog or if the dog is not housebroken.

A person with a service dog also cannot be separated or isolated from other patrons of the establishment. They also cannot be charged fees regular customers are not asked to pay.

There are a few other provisions relating to service dogs. To get an authoritative overview on service dogs and miniature horses go to the ADA website. This site also has links and information on other service dog related questions as well as access to confidential consultations with an ADA specialist.

Owners of a legitimate service dog who have encountered or are encountering difficulties in accessing public facilities can file an ADA complaint by mail, fax or online.

Decades after ADA went into effect, one would expect complaints about service dog related discrimination to be relatively rare. The opposite is the case.

Why you ask?

Because the number of irresponsible dog owners who fraudulently declare their per a service dog continues to rise. Some feel they cannot be without their pooch for a few hours, others try to save money on airfare by fraudulently declaring their pet a service dog. And yet others, just test how far they can push the envelope.

Hundreds of Internet site cater to these fraudsters by offering ‘service dog harnesses’, patches and fake service dog certifications or identifications.

None of them are valid in the eyes of the law.

There is no legal requirement for a service dog to wear an identifying harness or patch. Nor do valid official service dog identifications exist.

If you are foolish enough to spend a few hundred dollars on a fake service dog harness and patch or a phony service dog ID Card that is just as worthless as the ‘service dog certification’ from a self-appointed service dog certification organization, go ahead. You deserve to be fooled and made the butt of jokes.

However, there is one tragic consequence of this rampant fraud:

True service dogs that work every day to make the life of a disabled person a little easier get discriminated against because of the out-of-control fraud associated with ADA service dog rules.

So, how do you recognize someone’s fake service dog?

Actually, it is easier than you might expect.

If you see a dog, most frequently a small dog of the lapdog category, wearing a huge, multi-colored, impressive looking harness with ‘service dog’ plastered all over it, you are more likely than not looking at a service dog impostor. Does he also have a few patches inscribed with ‘service dog’ somewhere on the harness? It is a fake for sure.

Only ignorant business managers, facility staff and easily intimidated other personnel will also fall for the impressive service dog ID cards, these reckless pet owners are likely to flash at you.

The ID cards are not worth the paper they are printed on.

Their owner just got taken to the tune of about $ 250.00 and more.

But that is their problem. Mine is and yours should be that these con artists and their willing victims are causing big problems for true service dogs.

Because of it, legislators will eventually have to address this rampant abuse of well-intentioned provisions in the Americans with Disability Act.

PJJ

Next up:

Status of service dog laws and statutes in California.