Service Dog versus Therapy Dog – Facts and Fiction Explained

Pet dogs are all equal. But some are more equal.

The top spot in the hierarchy of more equal dogs is occupied by police and rescue dogs.

Next are guide dogs, signal dogs and service dogs. All of them are service dogs with equal standing under the law.

California law (CALIFORNIA CIVIL CODE DIVISION 1) defines this group as dogs that were “trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336).”

Since guide dogs for the blind (Seeing Eye Dogs) are the oldest, most prominent and most recognized group among service dogs, they are commonly also considered as the most equal among service dogs. In fact, they are the quintessential service dog in people's mind. However, before the law they do not have rights and privileges that exceed those of other guide, signal or service dog.

California Penal Code Section 365.5 defines the terms 'guide, signal and service' dog. 'Service dog' means any dog “individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.”

It is not necessary that the service dog has been trained by a professional trainer as long as “. . . definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336)” are met.

The U.S. Department of Justice, Civil Rights Division, further explains in a ADA Business Brief: Service Animals:

“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.”

“Businesses that serve the public must allow people with disabilities to enter with their service animal.”

Other Federal laws granting access rights for service dogs include: “The Rehabilitation Act of 1973, Sections 501 . . ., 503 . . . and 504 . . . and the Americans with Disabilities Act . . .”.
Summing up: “The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.” (Phyllis DeGioia)

The operative word in the definition of a service dog is “trained”. Trained to do something the disabled person cannot do or can do only with great difficulty. Dogs that are not trained to perform a specific task for a specific individual are not service dogs as defined by ADA.

That puts a damper on the canine members on the next group in the hierarchy of more equal dogs: Therapy dogs.

Canine members of this group have friendly, outgoing, people oriented personalities. They enjoy being petted and to indulge humans with careful affection, tender contact and patient interaction. Therapy dogs make the lives of those confined to hospitals and nursing facilities more tolerable. They can bring great joy and anticipation into the loneliness of recluses.

Therapy dogs are admitted on special occasions into hospitals, nursing facilities, retirement homes, care facilities for children and convalescence homes to name a few places where therapy dogs get to go.

Therapy Dogs meet the needs of others, such as visiting nursing homes, hospitals, reading groups, not the needs of a specific individual and his or her disability.

Therapy dogs do not need special training other than the basic training any good canine citizen should have. Any good natured and nurturing dog can become a successful therapy dog without much further ado. They have no specialized training to perform a specific task for an individual with a disability, physical or mental, required for a service dog.

Consequently, they are not allowed in stores, restaurants, air planes and other public and private places that normally exclude dogs. Sorry, no therapy dogs in air planes either.

As a federal law, The Americans with Disability Act (ADA) supersedes State and local law except for provisions in State or local laws that provide a stronger protection for the disabled than those in ADA.

Therefore it is wise to check all State and local laws before you take your service dog to public and private areas that are normally not accessible to dogs. Many States require for example special ID tags that identify a service dog. For example, in California the Food and Agricultural Code, Section 30850 through 30854, deals with special 'assistance dog identification tags.

“30850. (a) The animal control department shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued. As used in this chapter, "assistance dogs" are dogs specially trained as guide dogs, signal dogs, or service dogs.”

The code also requires that a person applying for an assistance dog identification tag sign an affidavit affirming that he understands Section 365.5 of the California Penal Code and its provisions regarding assistance dogs and the penalties for false statements.

The assistance dog identification tag stays with the dog for life. It has to be surrendered to Animal Control upon the death of the service dog.

The Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) are the predominant laws governing service dogs, their handlers, private and public establishments.

They are amended, further defined, and complemented by State and local laws.

In California you are looking at Civil Code Division 1, Sections 54-1, 54-2, 54-7, the California Food and Agricultural Code, sections 30850 – 30854 (special identification tags for service dogs) and last but not least California Penal Code 365.5 which affirms the right of a disabled person to have his service dog with him where otherwise prohibited, defines again 'service dog' (any dog individually trained to do work or perform tasks for the benefit of an individual with a disability) and guarantees “equal accessibility for all owners or trainers of animals that are trained as guide dogs, signal dogs, or service dogs in a manner that is no less than that

provided by the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435)”.



The local laws I checked for the purpose of this article did all somehow incorporate the provision of Federal law even on the city level.



Note the emphasis placed on “individually trained . . . for the benefit of an individual”. This requirement was of course quickly used by savvy dog trainers to establish training courses to the tune of up to several thousand dollars during which a dog is taught basic good dog manners, control commands and, maybe, a few general tasks such as fetch and alert. Much of the specialized work is however still left up to the handler who owns the dog. A situation that is also found in the training of guide dogs for the blind. You can purchase a fully trained Seeing Eye dog for thousands of dollars or get one that has some basic training and then complete the guide dog training yourself.



The Americans with Disabilities Act does not require that your service dog was trained by a professional trainer. It allows the handler to train her dog herself.



What do you need in California to make your dog a service dog:



1. A physical or mental condition as defined by law. "Disability" means any mental or physical disability as defined in Section 12926 of the Government Code. A disability not only in your mind, but documented in hospital or doctor's files and findings. A DMV handicapped placard would do nicely.

. . . "Medical condition" has the same meaning as defined in subdivision (h) of Section 12926 of the Government Code. (CALIFORNIA CIVIL CODE DIVISION 1. PERSON, 54 (b))

2. A dog, the service dog, individually trained to do work or perform tasks for the benefit of an individual with a disability as defined by ADA. The disability can be a medical or mental disability or condition.

3. A special assistance dog identification tag to be issued by local Animal Control in accordance with California Food & Agricultural Code, Sections 30850 – 30854. Animal Control “shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued”.

4. These requirements, rules and privileges are applicable to fully trained service dogs but also to disabled handlers and their dogs in training.

5. A vest or clearly visible tag that identifies the dog as a service dog makes life easier on all parties involved, though it is not a legal requirement.

Sorry, barky toy dogs in bags are neither service nor therapy dogs, even if you claim that you will become depressed when your dog is not with you.

Service dogs of all types perform most valuable services for their owners and handlers. These dogs have to work hard every day to protect their owners or ease their physical burden. We should thank them by applying strict standards to the institution of service dog. We should not endanger their privileges by frivolous use of these protective laws in order to satisfy a selfish desire to carry a barky toy thing around at all times.

PJJ

Adopting a Senior Dog - Are you crazy?

From the literary remains of Windsor King MacArthur I am reprinting one of his most favorite essays. It was originally published under the title “Adopting A Senior Dog? - Are You Crazy?” as his plea for the adoption of senior dogs. The original article including pictures that may not show here can be found at http://cbears.net/WindsorWeb/WindsorOldDogAdoption.html.

Words of Inspiration, Wisdom and Advice from a Senior dog

to those contemplating the adoption of a rescued old dog

who has experienced traumatic abandonment and encounters with death first hand.

Get it all here directly from the horses .... uh, dog's mouth.

My name is Windsor.

You would call me an old Boxer, looking at the gray on my muzzle and watching my deliberate, measured walk. I don't consider myself an 'old dog'. I call myself a mature dog or, maybe, a senior or senior dog.

"Old Dog" - what exactly does it mean?

How exactly do you define 'old dog', I ask.

Age is relative. You call a five year old dog mature and a six year old a 'senior', but your own offspring is a small child at age five. We live our lives on compressed time. You don't. That's one important difference.

At age five most of us are at the apex of life with many more years ahead of us. And a little gray here or there is a sign of distinction not of senility. We paid our dues, learned our lessons, worked at times hard for a living and always did our best to be a good member of our respective families – at least most of us did. Some of us live close to twenty years. Are they 'old' at five? Others live only half that long at best. 'Old' age is relative.

Grown-up dogs are desirable companions.
No, don't worry I will not repeat the famous ten superficial reasons for adopting an older dog. It is true, we do not eat shoes, handbags and furniture. We are housebroken, know the ways of humans and generally have learned to coexist with our family without causing stress and turmoil like so many puppies and teenage dogs do. Looking at us, you see what you are getting; watching us interact with people and dogs reveals our personality. No unexpected surprises here!

Nightmares of Abandonment

Mature dogs in kennels everywhere are vying for your attention, for adoption and for a place in your family.
They all have one thing in common: After many, many years as members of a family, mid-life crisis hit and they were abandoned, given to a vet for execution, thrown out on the streets, tied up in a park, tortured, used for cruel entertainment or experiments or simply turned over to the pound. Many had to make a living in the streets where they were mercilessly pursued by roaming local dogs and people.

Thrown into the worst gutters of urban streets, they passed the Gates of Hell and descended into its deepest depth; ascending to the realm of animal shelters, they went through scorching fire that scarred their hearts forever; graduating slowly to the highest realms of Hell, they became suspended in the purgatory of rescue kennels.

Yes, it beats Hell by a long shot but it does not replace a family lost. How long will these innocent souls suffer there before redemption?

A few of us got lucky and befriended a homeless person in a park. At least, there was a little mutual comfort and protection for both of them. Homeless, outcast and abandoned both, they shared a common fate and bond. Life, though harsh and precarious, appeared to be whole again.

Yet for most, change came either as a horrible death under terrifying circumstances or in the guise of a human with a long catch pole. That's not much better either. Imagine, one day a pampered pet and the next at the end of a pole with a noose around your neck, thrown into a small cage in a moving box and from there slung into a tiny, cold, wet, uncomfortable concrete cell in a noisy place that reeks of excrement and death.

Many of us survivors have nightmares about it for years!

Throwing out Grandpa - Sending Grandma packing

What does this all have to do with adopting an 'old dog', you ask?

Please bear with me just a little longer. I am striving to paint a picture of the fear, the despair, the hopelessness, the trauma and the sheer terror that befalls young and old dogs alike under these dreadful circumstances.

Imagine waking up one morning to have your spouse serve you with divorce papers because they need their space, finish their education or whatever the excuse might be.
There you are suddenly alone, cast out, forlorn, bewildered, scared and confused.

Or worse yet, how would you feel when you, a forty, find yourself suddenly traded in by your spouse for two twenties? How would you feel? Devastated? Shocked? Scared? Enraged? Around you the world is crumbling and the sky is falling. And there is not one little chicken around to blame!

Mad as Hell and Willing to go Down Fighting!

That's how many of us in pounds and rescue kennels all across the land are feeling. We rage against everything and everyone. The result? We get labeled as 'dog aggressive' or worse yet 'people aggressive'. That's almost a death sentence in itself.
If you ever experienced such trauma in your life, you understand exactly what I am attempting to explain to you.
We are only dogs but we experience very, very similar emotions. In fact, since we are pack animals (at least so you say) our feelings of abandonment and sheer panic are even worse. For happiness and security, we dogs need a pack or a family. Without it we suffer frustration, fear, depression, hopelessness, which then almost inevitably turns into blind rage and aggression.

A Brush with Death

There is not one dog in adoption facilities in this country that does not share this horrible, terrifying experience. We understand that we had a very close brush with death from which only the lucky ones escaped alive. This experience branded us for life. It is emblazoned on our hearts to our last breath and burnt into our soul forever.

The young and the restless among us, lacking deep bonds with a family, rebound much faster from this ordeal than mature dogs. While the young are busy “selling themselves” like the mercenaries they are, the older and more mature dogs suffer in silence and grieve the loss of a home and the bond with their family in silent despair. Many of us just give up, curl up in a corner of our cell on a cold, wet cement floor and await death sleeping.

Mature Dogs often become "Lifers"

Their chances of being adopted are virtually non-existent in public pounds and practically nil in rescue kennels. In a pound older dogs are on death row waiting for time to run out; in rescue kennels they are 'lifers' put away in a corner and in many cases forgotten and not even offered for adoption. But at least, I understand, there is plenty of food and water and a minimum of love. That beats life on the streets – as I can tell from my own experience.

I sat on death row, was rescued and moved to a rescue kennel. There I spent almost nine month in a little cell with a concrete floor. Nobody wanted me because I had some gray on my muzzle. Then a kind rescue lady became my champion. Soon thereafter, with her help I found myself a new home.

Senior Dogs are Conscious of their Predicament

Believe me, my human friends, senior dogs are very much aware of their situation and the predicament they are in. Mature dogs know how close they have come to death and that they exist at the mercy of humans - and only as long as humans are merciful. Therefore, dog seniors can and do appreciate the gift of a new life. They are eternally grateful for it.

So, do you adopt an older dog for its pretty face, cute ears, cheerful attitude, soulful eyes, low maintenance coat or any other of a myriad of superficial reasons? Or maybe because he doesn't eat your Gucci handbag?

No, none of the above!

A senior dog's gray muzzle is just as soft as that of a puppy, but the senior will deliberately touch you ever so lightly, barely discernible, to let you know she is right there next to you; his eyes will look deep into yours showing undying love and compassion; he will follow you faithfully without fear like a shadow wherever you go; she will defend you with her life; when you feel down or ill her body, though suffering from pains of her own, will settle next to you to warm, comfort and console you.
A puppy, on the other hand, just crashes into you instead.

So, do you adopt an older dog because she does not eat shoes, knows 'sit, stay and come' and is house broken?
Or is it maybe because he passed Schutzhund II? Doesn't bite the mail person? How about the UPS man? Is it because it makes you feel good to have rescued a mature dog?

No, none of the above!

Be a Champ - Champion a senior dog!

You decided to adopt a senior dog for the right reason: To give the

- gift of life to a creature that deserves
- to live and die in dignity surrounded by a loving family and
- comfort, security, care and love
for a faithful companion in the Golden Years of his life.

You understand that dogs are mammals just like you. We do not have opposing thumbs and build no hospitals or rockets. But we have the mental capacities of a two year old human. We can read your body language masterfully, we understand many of your words much beyond the commands people yell at us. If we had a voice box, we could even utter a few words of your own language. We never stop learning and, yes, mature dogs continue to learn. You can teach a senior new things. Most importantly, we have
- awareness of ourselves and of our environment,
- memories of events, people and places,
- emotions, dreams and the
- ability to feel the pain from ailments, afflictions and emotions - just like you do.

Therefore, your "new" senior dog will never ever forget that you saved her life. And he will always be grateful to you to the utmost extent of his capabilities for the safe, warm spot you give him and for the dignity you restored to his life. Believe me, my human friend, I know from my own experience and from my work with other mature and disadvantaged dogs.

Will it be easy? Will all be roses? Will you invite a pre-programmed perfect companion into your house?

No!

From the Gates of Hell to Paradise - Because of you!

Please remember what your mature rescued dog has experienced before he came to you. She has most likely gone through hell before she found a place in a shelter. Your new friend was seriously and deeply traumatized. He stared death into the face. There will be nightmares and strange reactions that can only be explained by past bad experiences. The two of you will have to learn to cope with all of it.

Be assured that your new companion will do most of the learning. He will be most eager to find out what pleases you - and then do it. For him the hardest part is to understand what pleases you and what you would like her to do for you. Once that is understood, we mature dogs will perform without fail every time. My friends, please believe me, the secret to our hearts and to our cooperation is not basic training and stern commands screamed at us by a two-legged Alpha dog, but positive reinforcement and an air of understanding, respect and love.

Just be patient with us. We need time, lots of it. But we will get there. Eventually, we will feel secure and protected enough to relax like the fellow in the picture above.

How much time? A year or so to perfection! We need love – lots of it. But we also need to know who is top dog. We will do anything for a beloved and kind leader, believe me. That's our nature. We do not fret about being the junior member in our pack. Humans do, dogs don't.

Enough! My human always says one picture tells more than a thousand words. Well, let me show you a few pictures that will hopefully show you what I mean when I talk about security, the privilege of a home and the dignity of a living creature.

Look at the relaxed posture, see how casually those footsies and pawsies are draped over the edge of the couch? See the deep relaxation, contentment and peace in the face of the sleeper? He knows he is safe and protected by his pack leader. Such precious moments make up for all the misery and pain suffered in the past. He will cross the Rainbow Bridge with love, gratitude and happiness in his heart.

YOU made it all possible. You gave this senior a new home and a good life in safety and comfort. See the difference? Feel the harmony?

The Yoke is Easy and the Burden is Light

It is so easy to give this precious gift. You only need an open heart, love for God's creatures, a couch and lots of love and patience. Well, it also helps to know a little about dogs!

This mature lady was a meat grinder on four paws when I met her. She spent literally half of her life in a rescue kennel - vilified, stacked away in a corner and forgotten. Frustrated, desperate, mad with a deep, deep desire to destroy and make suffer as a means of getting back at and giving back to the world what had been handed out to her. I had a hard time explaining to her that meat grinders are not adoptable. Fortunately, she listened to me.

Now, she lives in her own house with a great family as a much loved and respected member of the family. No more rage, no more aggression, no more Chihuahuas for breakfast. No more scaling of 8 foot fences and running around on the roof of the kennel in futile attempts to catch up with us at the end of our weekly visits to her cell. From rags to riches, from concrete floors in a rescue kennel to a fine, comfortable house and bed!

Why? Because kindhearted humans believed in the good in her, opened their arms, their home and their hearts to her. They welcomed and embraced my friend as a true junior member of the 'pack'. Her dignity returned and her pride started to shine again.

Again I am waxing poetically. I cannot help it because I am very, very proud of Lucy and most grateful to the humans who gave her a home, love and dignity. I love Lucy. And Lucy loves her new family with a unique, deep, deep love for her saviors and a never ending dedication to them.

Look at this 'old' guy. He thinks he died and went to Heaven. Note his relaxed posture and the huge smile on his face. Don't you think he will adore his new pack leader?

Isn't this a perfect reason to adopt a dog senior?

In doing so, you not only save a life but give yourself the present of an ever faithful, dedicated, grateful companion till death does part you. No puppy can do that, ever. And, my friends, it beats 'not eating shoes and furniture' hands down as a 'sales argument' for mature dogs!

Want to know more about Lucy and other 'old' Boxer friends? You can read more about Lucy, see highlights of my last visit with her and meet her in her new home.

http://cbears.net/WindsorWeb/BethPleaExcerpts.htm

And, if you are interested, you can read more about my life and experiences here: http://cbears.net/WindsorWeb/WindsorPage1.htm

Tempus fugit - Time Flies

You say, but a senior dog will be with me only a short time. His departure will make me suffer and grieve for a long time. She will leave an empty spot in my arms. He will leave emptiness in my heart and I will mourn. Worse yet, his grave illness and great physical pain may force me to contemplate ending his suffering in a humane way. I do not want to be forced to make such a decision – ever.

Friends, let me tell you that simply by adopting one of us 'mature dogs', you have already added several years to our life. A good, loving home, a warm bed, good food, love and health care will add even more. Each of these years will be quality time and most precious to us. You will be surprised how much longer we will stay with you. People live longer - and so do dogs! Did you know that?

No, that does not address your concerns, I know.

There is very little I can say now to ameliorate or prevent your grieving and your pain over my departure.
When called to the other side, I leave with the pride and dignity you restored to me and happiness and love for you in my heart. My love will be with you forever and, though you cannot see me, my spirit will be with you every day.

My passing will take away my physical pains; it will return me to youth and health so that I may greet you at the Rainbow Bridge in all my God given glory. Time flies and the truth is that you too will one day pass on.
What a joyful reunion that will be!

Nature abhors a vacuum

Oh, one more thing before I go: “Natura abhorret vacuum”, my Boxer mom (yes I come from a learned Boxer family) would say pointing at our little heads. “Fill that void with useful thoughts and lessons. It will keep trouble away.”

Fill that empty space in your house, in your heart, with another 'senior'. There are so many of us just waiting for a soft bed and a warm space. They all have the capability to fill that void in your life and will gladly oblige you. Your grieving over the loss of a friend and the pain of separation will ease in no time. Yet, the memories of our good and happy times together will be with you forever.

That will make me happy. It will also bring joy and happiness to your new companion. What more can we ask for?
You and I!

Go Do The Right Thing

Sayeth the King.

Windsor "Longtail" King MacArthur

Celebrating A Life -
The Life and Times of Windsor King MacArthur

A final tribute to an extraordinary companion and loyal friend on his passing. This brief storyboard depicts highlights of the short time Windsor had to share with me. It reflects his indominable spirit and his boundless love of life, passion for people and his dedicated service to dogs in need. This sense of duty and this dedication to service were with him to the last moments of his life.
Neither pictures nor words can truly fathom the depth of his commitment to humans and animals alike.
Let us celebrate his life with pictures of his happy times.
For he was a happy dog.
As such he shall be remembered.