Hotels and Service Dogs

Hotels fall under Title 3 of the ADA, just like Walmart does.  That means they must allow service dogs and, just like at Walmart, hotels can only ask if a dog is a service dog and what tasks the dog is trained to do.  For some reason, people sometimes think hotels would be different and that hotels can ask for some sort of documentation, but that's not the case.

On my recent trip, I stayed in two hotels. At the first hotel, I had Isaac with me, in his vest, when I was checking in. The clerk explained to me that there was a $10 pet fee.

I explained to her that he was a SD so there is no pet fee for him.

She turned around and asked a coworker, "Do we charge a pet fee for service dogs?"

I was about to tell her that she doesn't since the Dept of Justice says she's not allowed but her coworker told her they don't, so it was fine.  I've been charged pet fees several times at hotels but they've always corrected it and removed the fee when I tell them they aren't supposed to charge a fee for a service dog.

At the second hotel, again I had Isaac with me in his vest and the clerk asked "Any pets?" I said, "No, just my service dog" and she knew not to charge a pet fee.

A Place I Can't Take My Service Dog

Tomorrow I am going on a tour of the Gentle Barn. If you're not familiar with the Gentle Barn, it's a rescue for farm animals and it's very awesome. On the tour, you get to cuddle cows and play with various rescued farm animals. I am super excited.

Because of the nature of the place, I called them to ask if it would be OK to bring my service dog or if it would be better not to bring him. Isaac would be fine there, I am sure, but I didn't know about all the farm animals there. The woman I spoke to told me everyone there loves dogs, they love all dogs, and she assured me that she was sure my service dog was very well behaved, but said that some of their rescued farm animals are not comfortable around dogs and so she thought it would be better not to bring him. 

I am fine with that. That's why I called to ask. And I understand how the presence of a SD might alter things at this type of organization and so it might be appropriate and legal for them to deny access. That's why I called to ask.  

I normally do not call places in advance to tell them I am bringing my service dog or to ask if I can bring him.  If it's a place the Department of Justice has already stated (in the Americans with Disabilities Act) that service dogs are allowed, I don't ask if I can bring him.  I don't need to.  But this is one of those exceptions.

Isaac will be spending the day at a nearby doggie daycare instead. I'm sure he will have a good time there and I cannot wait to cuddle some cows!

Documentation

Today I had to go to the ER. I've never had any problems at my local hospital before, not in the ER or the lab or the x-ray department or visiting patients. But today the triage nurse asked me "Is that a certified service dog?"

I said "He is a service dog but there is no certification."

She looked like she didn't believe me and asked "Do you have documentation?"

I said "I do" and pulled out a rather tattered copy of the ADA Business Brief (note to self: put a new one in my purse) and showed here where it says businesses can ask if a dog is a service dog and what the dog is trained to do but that they cannot ask for ID or documentation.

Best service dog documentation I can carry.

I am going to contact whomever is in charge of the ER and make sure they educate their employees.  But I was not feeling well enough to deal with it today.

Service Dogs and Funerals

A couple weeks ago, a good friend of mine died in her sleep.  Some of my readers may have been familiar with her - she was my accountant as well as my friend and she wrote the article about tax deductions for service dog-related expenses here on my blog.

A couple days ago, I traveled out of state to attend her memorial service.  But before that, I had to check with the church where the service would be held to make sure I could attend with my service dog.

Churches, you may already know, are exempt from the Americans with Disabilities Act.  I don't think they should be exempt, I don't think it should be legal for churches to discriminate against people with disabilities, but that is the law currently.

I resented the fact that I had to look up a phone number for the church and call them to ask if I could attend my friend's memorial service.  Of course, the person who answered the phone did not know.  Remember a couple years ago when I wanted to attend midnight mass on Christmas Eve and kept getting people answering the phones at churches that did not know if I could attend or not?  So I had to leave a message for the person who would know.  Fortunately she called me back the same day.  And I was able to attend with Isaac.

But I resented having to call.  It was two days before the service and I needed to make plans because it was a six hour round trip for me to go and I had to reschedule a medical appointment and I needed to know whether or not I would be allowed to attend.  And someone who is grieving should not have to deal with calling to ask, "Hey, can I come to the funeral or do you prefer not to have disabled people in your church?"  That's not the way I phrased the question, but that's basically what the question is.

Service dogs are permitted in funeral homes, by the way.  Churches are exempt, but not funeral homes.

Access Dispute Resolved

Remember my recent access dispute at a health care facility? I called and spoke with a patient advocate last Monday afternoon and I spoke with her again this morning. In just four business days, this is what she, and the company, did.

They (meaning people in charge) investigated to confirm that the Dept of Justice does not consider a Post Anesthesia Care Unit to be a "sterile area" and that, if visitors are permitted in the unit, then service dogs must be permitted too. They also made sure they understood exactly what areas can legally exclude service dogs and she mentioned them to me on the phone - things like burn units, bone marrow transplant units, etc.

The advocate also looked into the hospital's own policy regarding service dogs and found that their policy, as well as the ADA, were violated. As you might expect, hospital policy includes complying with any and all federal laws and not violating the civil rights of patients or visitors.

Now comes the really amazing part. In just four business days, a mandatory meeting/training session was scheduled for all employees of four different departments, including same day surgery and the PACU. The advocate told me one employee was absent the day of the meeting, so she was educated in a private meeting this morning. All employees were educated about the ADA and hospital policy. Some expressed concern that the PACU was a sterile area and they were told in no uncertain terms that the hospital and the Dept of Justice agree it is not and that, if visitors can just walk in wearing street clothes, so can a service dog.

The advocate told me a couple employees asked "What if it's not a real service dog?"

And they were told "That is not your call to make." They were informed of the two questions the ADA allows them to ask and told that if the handler answers those questions, the dog is allowed. They were also educated about when someone can be asked to remove a service dog, if the dog is disruptive or not housebroken.

Employees were also reminded (because apparently they are supposed to already know this) that if a patient or visitor is concerned that their rights are being violated, there is a patient advocate available 24/7 who should be called right away.

This information is also going to printed in a newsletter that all staff receive.

I am more than pleased. How amazing is it that this was done in less than one week?

The Biggest Access Dispute So Far

Last week I had an access dispute, by far the most upsetting I've had since getting my SD. I thought I'd share what happened, how I handled it, what's been done to date to deal with it, and I will provide updates as I get them.

This was in a health care setting. I was informed I could not visit a friend in a particular unit and had to wait until they were moved to a private room "because the service dog is not allowed in there."

Me: What? Why not? The Americans with Disabilities Act says if visitors are allowed, I can take my service dog.

Employee: That's what I thought but I am being told we don't allow dogs in there.

Me: But why?

Employee: It's a sterile area.

Me: Oh. So visitors have to change into scrubs and wear masks and gloves and stuff?

Employee: Well, no.

Me: They can wear street clothes?

Employee: Yes.

Me: Then that's not a sterile area. But I'll tell you what. Let's call the ADA Info Line at the Department of Justice and ask them. Here, I have them on speed dial.

Employee: Well, there are other patients in there.

Me: So?

Employee: The doctor doesn't want the dog in there.

Me: My friend's doctor doesn't? May I speak to him, please? He can call the ADA Info Line. They will be happy to explain the federal law to him.

Employee: Well, not that doctor specifically. It's all the doctors. It's just their policy.

Me: Well, the doctors cannot have a policy that violates the federal law. Who can I speak to about this?

Employee: Well, it's the head nurse that is saying service dogs aren't allowed.

Me: May I speak to her? Or how about her supervisor? You are violating my civil rights and you cannot do that.

Employee: Well, I can check again in an hour or so.

Me: No, that's not acceptable. I want to speak to someone right now.

Employee: Let me go check.

So the employee comes back and says I can visit "just for a few minutes."

I ask who I would speak to in order to prevent this from happening again because "discriminating against visitors with disabilities is not OK." I am told I should speak to the patient advocate. I ask for contact information and she says she'll get it for me but she never does. 

I really feel like she did not give it to me on purpose, not that it was just an oversight, but that she did not want me to complain.  Dude, that does not work with me.  I can find that information.

On my way into the unit to visit my friend, a nurse calls out, "Hey! That dog can't come back here!"

I say, "Someone already checked on it and said he could. The Department of Justice also says he can," and continue on my way.

So yesterday I get online and look up a phone number for the patient advocate at this facility. And no, it was not that hard to find.  I call and speak to someone who sounds appropriately concerned.

She says she will need to check because she knows there are certain areas where they can deny access to a SD, like an OR. I say yes, sterile areas, like an OR or a burn unit, where visitors would have to wear special clothing. But on this unit, visitors wore street clothes. I tell her the Dept of Justice says that's not a sterile area and they can't deny access and encourage her to call the ADA Info Line and ask for herself. She thanks me for clearing that up for her, says I answered her question about that.

She tells me she needs to talk to a bunch of people. The employee that denied me access and gave me the run around when I asked who I could speak to about it. The head nurse of the unit my friend was on. The facility's regulatory compliance person. She says that clearly their staff needs to be retrained on the ADA. She asks if she can call me back later in the week to let me know what progress she's made.

What made this access dispute the most upsetting?  Well, it had already been a long, stressful day.  Other employees had been semi-rude or unhelpful - for instance, one refused to give me directions to the cafeteria because it was apparently to hard to explain how to get there. But also, it's not like I could choose to go visit my friend at another health care facility.  They were a patient at this facility.  It's not like if a fast food place denies access and you can just go down the street to another fast food place.

Not-a-Service-Dog at Family Dollar

Today at Family Dollar, the cashier commented on how well-behaved Isaac was and then went on to tell me that they recently had a man come in with a dog he said was a service dog but they knew it wasn't. They knew his dog was not a service dog, she said, because of how it was behaving (and they are used to seeing Isaac in the store so they know how a service dog should behave) and because the dog was not on a leash. The man was on one side of the store and the dog was wandering around on the other side.

I explained to her that the Americans with Disabilities Act says a service dog has to be on leash except if it must be off leash to do a task, and that even then, the handler should be right there and the dog should be under the control of the handler. I wanted to make sure she knew what the law says.

She said the manager was worried the man would "get nasty" if they asked him to leave but she told the manager if that happened, they could just call the police. I told her that the ADA absolutely says they can ask someone to remove their dog if the dog is not under control and asked her what happened. Well, they told him the dog had to leave and he just left. They did not need to call the police.

I am so pleased they handled that well and I was glad to have the chance to just make sure she knew that the law was on their side.

Minor Access Dispute Today

Had a minor access dispute today when I went to Rite Aid for a flu shot. The pharmacist tried to tell me I could not take Isaac in the little consultation room where they usually give the flu shots. She asked if I could leave him (unattended!) out by the pharmacy counter. Um, no! Then she said she would come out front and give me my shot there. Now, I don't feel like I need a lot of privacy to get a flu shot, but you can't insist I get mine out front if every one else (you know, the people that are not disabled) get to have theirs in private in the consultation room. So I informed her that was not going to work either and that Isaac would join me in the consultation room for my shot. 

I am not sure why she did not want him in the consultation room. I think she may have been afraid of dogs, but she didn't say that. She did, however, tell me she didn't know "what kind of dog" he was and that sometimes the have people come through the drive up window with dogs in their cars and the dogs are barking. I said "Well, the dogs are pets and they are in their cars. They aren't allowed in the store. My dog is allowed in because he is a service dog." She seemed like she did not understand the difference. But if she'd said she was afraid of him, I might have considered other options. But she didn't say she was afraid and I'm not sure if that was the issue. She never did really explain.

I went home and called the corporate office to tell them she needs some training with regard to the ADA. I did get my shot, she didn't deny me service, but it was still inappropriate.

Access Disputes on Vacation, Part I

On our recent camping trip, I experienced more access disputes with Isaac than I had experienced in the entire time I'd had him up 'til then.  And that is not an exaggeration. 

We were camping at a national park.  I would have thought they see plenty of visitors with disabilities.  Most of the facilities were pretty accessible and they certainly get a lot of traffic.  And they are government employees.  They should comply with federal laws, right?

Well.  The Americans with Disabilities Act doesn't apply to the National Park Service but section 504 of the Rehab Act does and it says pretty much the same thing.  And the National Park Service has issues a statement saying they have aligned their policies regarding service dogs with the ADA.  But apparently their employees have not all gotten the message.

One day we ate lunch in the hotel that is in the park.  Now, the hotel is not actually operated by the NPS, it's a concession, and therefore the ADA does apply.  Note that I was not able to determine this until after I'd returned home and made multiple phone calls and found someone in charge of something who could tell me this.

But anyway.  The hostess told me that dogs were not allowed in the restaurant.  I told her that he was a service dog so he was allowed.  She said not in the restaurant because they serve food.  I told her that the ADA says he is allowed.  She kept saying she didn't think so.  Another employee went ahead and seated us. 

After I'd ordered, I got on my phone and looked up the ADA Business Brief and then went back to the hostess to show her the law.  She didn't want to look at it and told me she'd asked another employee who had told her service dogs are allowed.  I asked her if her employer had not provided training on the ADA and she said she'd been told service dogs were allowed in the hotel but not in the restaurant.

And that was only the first access dispute of the three I experienced that day.

A Business Owner’s Guide to Service Dogs

Service dogs are trained to perform tasks that help people with disabilities. Service dogs don’t just help people that can’t see anymore; they also assist people that can’t hear, people that have trouble walking, people that have seizure disorders, people with mental illnesses, people with autism, and more. Any breed or size of dog can be a service dog. The Americans with Disabilities Act is a federal law that allows people with disabilities to take their service dogs into most public places even if pets aren’t normally permitted. Violating the Americans with Disabilities Act can get business owners into trouble with the U.S. Department of Justice.

What questions are you allowed to ask people with service dogs?

Business owners are only allowed to ask two questions if a customer comes in with a dog. You can ask, “Is that a service dog required due to a disability?” and “What task is the dog trained to perform?” If the dog’s owner refuses to answer those two questions, you are not required by law to allow them to bring their dog into your business.

What can’t you ask?

You can’t ask any other questions about the dog. You can’t ask what the owner’s disability is, you can’t ask to see identification for the dog, you can’t ask to see a letter from the owner’s doctor or a letter from the dog’s trainer, and you can’t ask if the dog is a certified service dog (there’s no such thing as official certification for service dogs). You can’t ask to see the dog demonstrate the tasks the owner says the dog is trained to perform.

You also cannot require the dog to have on a special vest that designates it as a service dog. Most service dogs do wear a service dog vest but it is not required by law.

How do you know it’s a real service dog?

You may not know for sure. If the dog’s owner answers the two questions you are allowed to ask and if the dog is behaving appropriately in public, then it’s probably a real service dog.

When can you ask someone to remove their dog?

You can ask someone to remove their dog, regardless of whether or not it is a legitimate service dog, if the dog is not housebroken or if it is behaving in a disruptive manner. If the dog barks more than once or twice, if the dog sniffs or licks or jumps on other customers, if the dog sniffs or licks merchandise, you can ask the owner to remove the dog.

What about service dogs in training?

In some states, people that are training service dogs are allowed by state law to bring those dogs into public places for training. In some states, they aren’t. In some states, only professional dog trainers are allowed to take service dogs in training into public places. In some states, only dogs being trained for specific purposes are allowed in public, like only dogs being trained to guide people that are blind. Find out what the laws are in your state. Nothing in federal law allows people training service dogs to take those dogs into public places where pets aren’t normally allowed.

What if other customers complain about a service dog?

Explain to them that federal law gives people with disabilities the right to bring service dogs into public places where pets are usually not allowed. Federal law does not allow you to refuse to allow service dogs into your business, even if another customer is afraid of dogs or is allergic to dogs. If a customer is afraid of dogs or allergic to dogs, though, or just strongly dislikes them, they can be seated in a different part of a restaurant away from the service dog or you can open up another checkout lane so they don’t have to stand in line with the dog, or you can in some other way separate them from the dog. If a customer complains because a dog is barking or jumping up on them or doing something else inappropriate, though, you should ask the dog’s owner to remove the dog.

Sources:

U.SDepartment of Justice. Service Animals. 

Can You Take a Service Dog to the Hospital with You?

I have a service dog, a yellow lab named Isaac, who is trained to help me with my post-traumatic stress disorder and the herniated disk in my back. Due to my disabilities, I’ve had to spend a fair amount of time in hospitals, both as an inpatient and as an outpatient. When I was preparing to get my service dog, I started researching whether or not I would be able to take him to the hospital with me.

Under the Americans with Disabilities Act, people that rely on service dogs are allowed to take their dogs to most health care facilities, including doctors’ offices and hospitals, as long as the presence of the dog doesn’t cause a “fundamental alteration in the provision of goods or services.” What that means in practice, and in plain English, is that you cannot take a service dog into an area where the presence of the dog would compromise the quality of care given to you or to other patients.

One easy way to think about it with regards to a hospital is to consider in which areas of the hospital people have to wear special clothing. In an operating room or a burn care unit, for instance, staff members all have to wear gowns and gloves and masks and shoe covers and hair covers. However, you cannot dress up a dog like that. The presence of a service dog could cause serious problems and there is really no way around it, no “reasonable accommodation” that could be made in order to allow the dog’s presence.

Plus, if you are having surgery, you are not going to be able to manage your dog and your dog is not likely to be able to do any tasks that help you with anything. Most likely, you’ll be unconscious but even if you are having surgery under local or regional anesthesia and are awake, you’re not going to need your dog to pick up things for you or open doors for you or alert you to sounds or whatever it is your dog usually does for you.

You should, however, be able to take your service dog to the emergency room, to the lab, to the cafeteria, to the gift shop, and to visit patients on most units of the hospital. If you are going to the emergency room because you are sick, though, you might want to bring along a friend that can help with your dog. If you end up being there a long time, your dog may need to go outside and you might not be able to take it for a walk right then. If you have to get x-rays or certain other tests, it may not be safe for your dog to be in the room with you, and hospital staff is not responsible for caring for your dog.

If you need to be admitted to the hospital for some reason, in most cases you should be able to take your service dog with you if you want to, but you should think about it carefully. If you are sick enough to require hospitalization, you are probably too sick to take your dog for walks and to take care of your dog in other ways. You could arrange for a friend or family member to come in several times a day to take your dog for walks, or you could hire a dog walker to do that. Still, your dog is probably going to get bored and unhappy doing nothing but sitting beside your hospital bed for several days. Most people that rely on service dogs choose to leave their dog with a friend or family member when they need to be hospitalized. A family member or friend could bring your dog to visit you while you are in the hospital, however.

Since receiving my service dog, I’ve only been hospitalized once. I elected to have a friend care for my dog during that time because I felt it would be too difficult for me to care for the dog while I was in the hospital. I felt it was important to consider what was best for my dog and spending five days cooped up in a hospital room wouldn’t have been best for him.

And if you're wondering if your service dog is allowed in an ambulance with you, in most cases the answer is yes.  You can read more about that here.

What Kinds of Animals Can Be Service Animals?

Service animals are animals that assist people with disabilities. The animals are trained to perform tasks that their handlers cannot do for themselves. A service animal allows a person with a serious disability to be more independent and to live a fuller life.

It should be noted that, according to the U.S. Department of Justice, animals that provide comfort or companionship for their owners but that are not trained to perform any specific tasks are not considered service animals under federal law. For instance, a person with depression or an anxiety disorder may have a pet and that pet may help the person relax, but that does not mean the pet is a service animal.

Dogs

The most popular service animal is a dog. Everyone is familiar with the image of a blind person walking down the street with a guide dog, but dogs are used as service animals for people with many other disabilities, as well. Dogs let deaf people know when doorbells ring, when alarms go off and when babies cry. Dogs pick up items for people with physical disabilities, open doors for them and turn on lights. Dogs can be trained to perform services for people with mental disabilities, too.

With the exception of miniature horses in certain cases, dogs are the only service animals recognized under the Americans with Disabilities Act (ADA), which gives disabled people that rely on service animals the right to take their dogs with them into most public places, even if pets are typically not allowed there. The reason dogs are preferred as service animals is because it has been proven that they can be trained well enough to do their jobs consistently and safely.

Miniature Horses

Some people advocate the use of miniature horses as an alternative to guide dogs for the blind. Miniature horses live longer than dogs, about 25 to 35 years, according to the Guide Horse Foundation. Since it takes quite a bit of training to prepare a service animal for duty, a longer lifespan is a significant benefit. Miniature horses may also be good service animals for visually impaired people that need help with balance, since the horses are able to bear more weight than dogs.

The National Federation of the Blind discourages the use of guide horses for the blind, however. Horses are more easily startled by loud noises or other unexpected things than dogs, despite extensive training. Miniature horses are too large to travel with their handlers by car or taxi, and they cannot curl up discretely under a chair or table as a service dog does in a restaurant.

Monkeys

Monkeys are sometimes placed in the home as service animals for those with severe physical disabilities, such as people with quadriplegia (paralysis from the neck down). Capuchin monkeys are commonly used, though other types of monkeys are sometimes used, as well. The ADA does not require businesses to allow disabled people with service monkeys to bring their monkeys into public places because monkeys are not domesticated the way dogs are and it is possible for a service monkey to injure someone. It may be more difficult to train monkeys to cope with the noise and commotion in public places, as well.

In the home, however, monkeys can provide many services other animals, including dogs, could not provide. They can open drinks, hold drinks for their handlers to sip, put CD’s on the stereo or DVD’s in the DVD player, scratch itchy noses, adjust blankets and pillows, and perform other tasks requiring manual dexterity. Of course, they provide companionship, as well.

Other Animals

While federal law does not allow people with disabilities to take other types of animals into public places that typically ban pets, people have claimed that they use numerous other species of animals as service animals and expressed outrage when told they could not bring their animals into public places like restaurants. Unusual animals claimed to be service animals have included snakes, parrots, goats, pigs, cats, hedgehogs, ferrets and rats. These animals cannot be adequately trained to behave appropriately in a public setting and in some cases pose risks to the public. Of course, they are also very limited in the tasks they can perform.

Where Can You Take Your Psychiatric Service Dog?

Psychiatric service dogs are dogs that are trained to perform specific tasks to help people with psychiatric disabilities, such as anxiety disorders, post-traumatic stress disorder and schizophrenia. The specific tasks performed by psychiatric service dogs depend on the needs of their handlers, but Service Dog Central explains that tasks may include things like reminding them to take medication, interrupting them if they engage in compulsive behaviors, helping them determine if something is real or a hallucination, and helping them find their way home if they get disoriented. Some people with psychiatric disabilities rely on dogs or other pets for companionship and emotional support, but those are not tasks that dogs must be trained to perform so those animals are not considered to be service dogs; they are usually referred to as emotional support animals instead.

The Americans with Disabilities Act (ADA) gives disabled people that use service dogs the right to go almost anywhere the general public is allowed with their service dogs. This is a federal law enforced by the U.S. Department of Justice and it applies only to people with service dogs, not to those with emotional support animals.

Stores

You can take your psychiatric service dog into most stores, including grocery stores and other stores where food is sold. Your service dog must be on a leash, unless a leash prevents it from doing specific tasks you need it to do, and must be well-behaved and not bother other customers or store employees.

Restaurants

You can take your psychiatric service dog into the dining area of a restaurant. However, service dogs are not permitted in the kitchen or other food preparation areas. Your dog should remain on the floor and should not sit on chairs or tables in a restaurant. You should not feed your service dog in a restaurant and if you must give your dog water, you should bring a bowl with you for that purpose; don’t use dishes the restaurant serves food on for that purpose.

Other Businesses

You can take your psychiatric service dog into most other businesses, even when pets are not normally permitted. A service dog is not considered a pet. There are a few exceptions. If the presence of the dog would interfere with the business in a significant way, you may be unable to take your dog in. For instance, you will not be able to take your service dog into a room where computer chips are made, because a single dog hair could ruin the equipment. You may not be able to take your dog to certain exhibits at a zoo, if the animals in the exhibit are frightened of the dog or if the dog might pass on certain illnesses to the animals in the exhibit.

Hospitals and Other Health Care Facilities

You can take your psychiatric service dog to a hospital, doctor’s office or other health care facility, with a few exceptions. Service dogs are generally not permitted in areas that require special clothing or other precautions, such as operating rooms, burn care centers and some intensive care units. Since a dog cannot be gowned and masked, and cannot be sterilized, it would create an infection risk in an operating room.

If you are hospitalized, your service dog can probably remain with you but hospital staff is not required to care for your dog and if you are sick enough to need hospitalization, you probably won’t be able to care for your dog by yourself. You would need to arrange for someone to come to the hospital to take your dog out for walks, to feed your dog and provide other care as needed.

Traveling

You can take your psychiatric service dog with you on buses, trains and air planes. Your service dog can also ride with you in taxi cabs. Your service dog can stay with you in hotels, even if they typically do not allow pets, since your service dog is not a pet.

Isaac Meets the Ocean

Tybee Island is a little coastal touristy area just east of Savannah on the Atlantic coast.  A friend who lives on the other side of Georgia met me there on my journey south to pick up Hobbes in Florida.  She paid for a room at a nice hotel right on the beach and then kept me company on the drive to Florida.  On my way back north, I dropped her off in Savannah.

One of the things I've wanted to do is take Isaac to the ocean.  I thought he'd really like it.  He loves Lake Erie, which has tiny waves.

Unfortunately, the beach on Tybee Island is not pet-friendly.  Isaac was allowed because he is a service dog, but he wasn't able to be off leash or to play in the water.  Still, he got to walk on the sand and smell all sorts of new things.

I put his vest on for this because the beach was not pet-friendly.  I hoped it would prevent anyone from telling me he wasn't allowed on the beach.  And I guess it worked.  Or maybe it was just that
there were very few people on the beach and no one cared about one well-mannered dog.

The desk clerk at the hotel when I checked in did tell me that dogs are not allowed on the beach. 

I said, "He's a service dog, though, so he is allowed."

She looked doubtful and said, "I don't know, I've never seen it."

I said, "The Americans with Disabilities Act says he is allowed.  It will be OK."

She looked like she didn't believe me but didn't want to argue.

She just didn't know.  She also asked if I had Isaac's certificate with me when I checked in.  She wanted to make a copy of it.  I said, "No, I don't have any certificate.  There's no such thing, really."

She told me some people have had one.  I said, "Well, anyone with a credit card and internet access can buy one online, but it doesn't mean anything.  It doesn't mean your dog is really a service dog.  It just means you have a credit card and internet access."

Then she asked me if I needed some plastic bags to pick up after Isaac.  I said no, I have plenty.  I promised her I would pick up after him.

Anyway.  The beach.

It was lovely. 

I did take Isaac down to the water and he put his front paws in and dipped his nose in.  Then he tried to take off flying down the beach.  He says the ocean does not taste good.  Not like Lake Erie, which he thinks is delicious.

After that, he was not interested in getting any part of his body in the water.  He was, however, interested in digging a bit in the sand and in sniffing things.

He also expressed an interest in chasing some seagulls but that was not allowed.

After a very long walk, it was time for some relaxation.  Well, I relaxed, anyway.  Isaac was too busy sniffing the air.  His little nose was just twitching like crazy.

Man with Service Dog Denied Access at Gym

When the owners of the gym said he could not come in with his service dog, the man handed them a card explaining the Americans with Disabilities Act and suggested they call the ADA Info Line, the number of which was on the card, if they had any questions.  The owners refused to call the number and refused to allow him into the gym

So the man called the police.  This happened in Michigan and in just a few weeks a law goes into effect in the state of Michigan making it a misdemeanor to deny access to someone with a service dog.  The man wanted to office that responded to explain the ADA and the new state law to the owners of the gym. Instead, the office said he didn't know anything about the new state law (which goes into effect in about three weeks, mind you, which he will be responsible for upholding and enforcing) and instead suggested the man just find a new gym to go to.

The owner of the gym now says she and her husband are "getting up to speed" on the laws.  Well, the ADA has been in effect for 25 years, so they've had ample time to get up to speed.  She also says they just did not know what to do.   Well, how about complying with the law and not discriminating against people with disabilities, to start with?  Or maybe calling the ADA Info Line, the number of which was given to her, and asking what to do?

But she says she mean no harm.  She violated the federal law and discriminated against a disabled veteran.  Well, I'd say that's harmful.

Here's the article if you want to read it.

Discrimination Is Not Helpful

Quite a few people have suggested to me that the first church I called, the one that said I could bring Isaac but we would have to sit in a special reserved seat, was not trying to discriminate or make me uncomfortable but was trying to be helpful.  Well, I don't know what their intentions were.  You would assume a church would want to be helpful and welcoming, but then, many churches refuse to allow people with service dogs to attend at all, so those churches do not intend to be helpful or welcoming.  So that is not the intention of all churches.

But maybe it was the intention of this church.  I don't know.  I didn't ask them.

The bottom line is, no matter what their intentions, discrimination is not helpful.  Discrimination is not welcoming.

And yes, segregating a person because they have a disability, insisting they must sit in a special reserved seat when everyone else gets to choose any seat they like, is discrimination.  Offering to reserve a seat or asking if I would need a special seat, that would be offering to be helpful.  But insisting I sit in a special seat when I do not need or want a special seat?  That is discrimination.

The U.S. Department of Justice even says it is discrimination.  Under the Americans with Disabilities Act, it is illegal for a business to do that.  But of course, churches are exempt from the ADA, so they are allowed to discriminate.  The fact that it is legal doesn't make it helpful, though.

The thing that surprised me is that many of the people suggesting the church just wanted to be helpful and that I was being unreasonable have disabilities.  I've written before about how bigotry can be internalized and this is yet another example.  I am unreasonable for objecting to discrimination.  The people discriminating against me are not unreasonable.  I should appreciate them just allowing me to attend their church and not expect to receive equal treatment. 

Well, no.  I don't appreciate discrimination and I don't find it helpful.  Not at all.

Midnight Mass, Round Two

Last year I posted about how I was thinking of going to midnight mass on Christmas Eve but was unable to find a church where I could take Isaac.  It wasn't that I found a bunch of churches that said no service dogs allowed, it's that I wanted until the last minute to call and then either no one answered the phone in the church office or the person that answered didn't know if they allowed service dogs or not and the person that would know was not available to ask.  I called six different churches and then gave up. 

I live in a pretty rural area and there are only so many Catholic churches within a reasonable driving distance.  There is actually only one Catholic church in my entire county, and of course, not all Catholic churches have midnight mass and I really wanted to go to midnight mass, not an earlier service. 

I don't want this post to be about religion, but I will say that I am not Catholic, I am not even Christian, but I have always thought it would be interesting to go to midnight mass on Christmas eve.  I just wanted to see it.  And I've heard the music is lovely.  I do not support the Catholic church for many reasons and certainly would not donate any money to them.  But I'd like to go to midnight mass one time.

So anyway.  I decided to plan ahead this year.  I started making phone calls today to find out where I might be able to attend midnight mass with my service dog.

And no, churches are not required by law to admit service dogs.  They are exempt from the Americans with Disabilities Act, which means they are permitted by law to discriminate against people with disabilities.  Some churches welcome people with disabilities, including those with service dogs, but they are not required to by law.  It is up to each church.  If you want to read what the U.S. Department of Justice says about why that, you can read it here.

A Catholic acquaintance tells me that the American Council of Catholic Bishops has made some sort of statement that service dogs should be welcomed in all Catholic churches, but I don't have a link to that statement so I can't verify it.  It's probably true, though.  But probably not all Catholic church employees or volunteers are aware of it.  So some would probably tell me I couldn't bring my service dog and maybe I'd have to produce the statement from the Council of Catholic Bishops and try to convince them they are wrong.  And this is not a battle I want to fight since I'm not Catholic and do not want to attend church on any kind of regular basis.

So anyway.  I decided to plan ahead this year and started making phone calls  to find out where I might be able to attend midnight mass.

I called the first church on my list, whose website stated they have midnight mass on Christmas Eve.   The women that answered the phone did not know if I could bring my service dog or not and put  me on hold.  When she finally returned, she said I could, but she needed my name so that they could reserve a special seat for me.  I asked why they needed to reserve a special seat and said I did not need a special seat.  She said they had to reserve a special seat up front since I would have my service dog with me.  I told her I was uncomfortable with that, that I did not need or want a special seat up front, and that if they would insist I sit in a special seat, that I would just check with another church.  She said OK.  Apparently it was just fine with her if I did not attend.

So I called the next church on my list.  They do not actually have a midnight mass but one at 10 pm.  Which Isaac would actually prefer, because he does not like staying up late.  The woman that answered the phone said she was pretty sure it would be OK but asked me to hold on while she checked to make sure.  She came back and said it was fine.  She said she hoped she'd see me there.

Are Emotional Support Animals Tax Deductible?

I get asked a lot if service dogs are tax deductible and sometimes I get asked if emotional support animals are, as well.

The answer is that service dogs can be tax deductible, if you itemize and deduct medical expenses.  You can read more about that here, in an article written by my accountant.

Emotional support animals are not tax deductible under the current IRS rules.  The IRS basically uses the ADA definition of a service dog, and that does not include emotional support animals.

Returning the Rental Car

Friday I got to pick my van up at the garage and that also meant I got to return the rental car.

When I rented the car, I was informed that the rental company had a no pets policy, which seems to be typical of rental car companies these days.  Isaac was there with me at the rental car office and the employee that was assisting me said something like, "Of course, I see you have a service dog and that's OK."  He said, "I'm just going to write on this paperwork, customer has a service dog," and I saw him write it.

I had a sheet with me and I covered the entire back seat with it, not just the flat part you sit on, but the back of the seat, too.  Fitted sheets work great for that, by the way.  So Isaac never sat directly on the seat the whole time I had the car.

When I returned the car, I did notice a small amount of dog hair, mostly on the front driver's seat.  Where Isaac never sat, of course, because while he is very smart, he cannot drive.  That hair had been transferred to the seat from my coat.  Which would have happened even if Isaac had never been in the car, because my coat would have still been in the car.

The employee saw the hair and said, in a not-so-friendly tone of voice, "Did they tell you no pets in the car?  Did you sign that paper saying you understood?"

I said, "Yes, and no pets were in the car.  However, my service dog was in the car.  He is allowed in the car, because the Americans with Disabilities Act says he is allowed."  I added, "I think that small amount of dog hair will be easily removed with normal vacuuming."

She was looking unhappy and flipped through the paperwork to show me the form I signed agreeing to their no smoking and no pets in the car rules.

I said, "I think Gerry wrote something about my service dog on the paperwork somewhere when he rented me the car."

She flipped through the paperwork again and seemed a little happier then.

I was annoyed.  I hope they do not end up trying to charge me for the dog hair because it really was not a lot of hair and should be easily removed if they vacuum, which I assume they do between customers anyway.

Service Dogs in Rental Cars

I have a rental car at the moment because Friday I had a minor car accident and my van is in the shop.  I have stuff related to the accident to blog about, but not right now.  Later.

But rental cars.  This is the second time I've had a rental car since I've had Isaac.  Under Title III of the ADA, service dogs are allowed in rental cars.  It seems many rental car companies specifically do not allow pets in the cars, but a service dog is not a pet.  They are allowed.

The first rental car I had, the employee that assisted me seemed unsure when I told him my service dog would be in the car.  I told him the Americans with Disabilities Act says he is allowed.  The employee looked unsure but said he guessed it would be OK.

The current rental car is from a different company.  The employee that assisted me informed me that they don't allow pets but that of course my service dog would be OK.  Then he informed me that if there was excessive dog hair in the car, I would be charged for cleaning.  Well, yeah, but it would have to be so much hair that  normal vacuuming would not remove it.  And that is unlikely. 

I put a sheet over the entire back seat to help keep the seat clean.  I am not worried about hair.