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.
Showing posts with label legal stuff. Show all posts
Showing posts with label legal stuff. Show all posts
Thursday, December 10, 2015
Sunday, November 22, 2015
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.
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.
Wednesday, February 18, 2015
What Law Applies? Part II
While the Americans with Disabilities Act applies to may situations and places you may go with your service dog, it doesn't apply everywhere. Go here to read about where the ADA does apply. But here are some other laws you should know about.
The Fair Housing Act Amendment (FHA)
This is the law that says landlords must make reasonable accommodations for tenants with disabilities. That means service dogs, emotional support animals (which don't have to be dogs) and service dogs in training must be allowed in no pets housing and that landlords can't charge any additional fees or deposit for these animals. Some landlords are exempt from the FHA, though. For instance, they have to have more than four rental units in order for the FHA to apply. They can require you to provide documentation verifying you need a reasonable accommodation but it doesn't have to say what your disability is. If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Air Carriers Access Act (ACAA)
This is the law that says airlines flying within the US must make reasonable accommodations for customers with disabilities. This means they must allow service dogs and emotional support animals (which don't have to be dogs) to fly in the cabin of the plane and they cannot charge an additional fee for the animals. Airlines can require you to provide documentation if you want to fly with a psychiatric service dog or an emotional support animal, though. If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Transportation.
And for more information, please visit this Guide to Disability Rights Laws provided by the U.S. Department of Justice.
The Fair Housing Act Amendment (FHA)
This is the law that says landlords must make reasonable accommodations for tenants with disabilities. That means service dogs, emotional support animals (which don't have to be dogs) and service dogs in training must be allowed in no pets housing and that landlords can't charge any additional fees or deposit for these animals. Some landlords are exempt from the FHA, though. For instance, they have to have more than four rental units in order for the FHA to apply. They can require you to provide documentation verifying you need a reasonable accommodation but it doesn't have to say what your disability is. If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Air Carriers Access Act (ACAA)
This is the law that says airlines flying within the US must make reasonable accommodations for customers with disabilities. This means they must allow service dogs and emotional support animals (which don't have to be dogs) to fly in the cabin of the plane and they cannot charge an additional fee for the animals. Airlines can require you to provide documentation if you want to fly with a psychiatric service dog or an emotional support animal, though. If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Transportation.
And for more information, please visit this Guide to Disability Rights Laws provided by the U.S. Department of Justice.
Monday, February 16, 2015
What Law Applies? Part I
I often find people to be confused about this, and while the law can be a complicated matter, I thought I'd try to break it down a bit. Let's start with the ADA.
The Americans with Disabilities Act (ADA)
There are actually four parts to the ADA.
Title I of the ADA - This says employers with 15 or more employees cannot discriminate against applicants or employees with disabilities, including those with service dogs, and must make reasonable accommodations, including allowing employees to bring service dogs to work (provided that it's reasonable to do so, which means there may be some jobs where you couldn't bring a service dog, like if you work in a kitchen or in a hospital operating room). Note that this law does not apply to service dogs in training, only fully trained service dogs. If you feel you've been discriminated against under this law, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Title II of the ADA - This says state and local governments have to make reasonable accommodations for people disabilities, including those with service dogs. It's the law that allows you to take your service dog to places like state or city recreational facilities or parks, state social service offices (like the food stamp or Medicaid office), state and local courts, public libraries, and town meetings. It also applies to public schools and state colleges and universities, although you can be required to provide some documentation to verify you need a reasonable accommodation in those settings. Note that this law does not apply to service dogs in training, only fully trained service dogs. Also note that this law does not apply to the federal government, so places like the post office, federal courts, Social Security offices, VA hospitals and clinics, and national parks do not have to comply with the ADA but get to have their own rules. If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Justice.
Title II of the ADA is also the law that says you can take your service dog on public trains, subways, buses and other forms of transportation (except for airplanes, which are covered by the Air Carriers Access Act). If you feel you've been denied access or discriminated against under this law, you can file a complaint with the Federal Transit Administration of the U.S. Department of Transportation.
Title III of the ADA - This says business and non-profits that serve the general public must make reasonable accommodations for people disabilities, including those with service dogs. It's the law that allows you to take your service dog to places like restaurants, retail stores, hotels, movie theaters, private schools (you can be required to provide some documentation to verify you need a reasonable accommodation in a private school, just like in a public school), convention centers, doctors' offices, hospitals, homeless shelters, transportation depots, zoos (though some areas may be off limits), funeral homes, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by this law. Note that this law does not apply to service dogs in training, only fully trained service dogs. Note that some public places, like churches, are exempt. If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Justice.
Title IV of the ADA - This is about telephone and television access for people with hearing and speech disabilities. It says telephone companies have to have a telephone relay service and federally funded public service announcements on TV must be closed captioned. It has nothing to do with service dogs. If you feel your rights have been violated under this law, you can file a complaint with the Federal Communications Commission.
And for more information, please visit this Guide to Disability Rights Laws provided by the U.S. Department of Justice.
The Americans with Disabilities Act (ADA)
There are actually four parts to the ADA.
Title I of the ADA - This says employers with 15 or more employees cannot discriminate against applicants or employees with disabilities, including those with service dogs, and must make reasonable accommodations, including allowing employees to bring service dogs to work (provided that it's reasonable to do so, which means there may be some jobs where you couldn't bring a service dog, like if you work in a kitchen or in a hospital operating room). Note that this law does not apply to service dogs in training, only fully trained service dogs. If you feel you've been discriminated against under this law, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Title II of the ADA - This says state and local governments have to make reasonable accommodations for people disabilities, including those with service dogs. It's the law that allows you to take your service dog to places like state or city recreational facilities or parks, state social service offices (like the food stamp or Medicaid office), state and local courts, public libraries, and town meetings. It also applies to public schools and state colleges and universities, although you can be required to provide some documentation to verify you need a reasonable accommodation in those settings. Note that this law does not apply to service dogs in training, only fully trained service dogs. Also note that this law does not apply to the federal government, so places like the post office, federal courts, Social Security offices, VA hospitals and clinics, and national parks do not have to comply with the ADA but get to have their own rules. If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Justice.
Title II of the ADA is also the law that says you can take your service dog on public trains, subways, buses and other forms of transportation (except for airplanes, which are covered by the Air Carriers Access Act). If you feel you've been denied access or discriminated against under this law, you can file a complaint with the Federal Transit Administration of the U.S. Department of Transportation.
Title III of the ADA - This says business and non-profits that serve the general public must make reasonable accommodations for people disabilities, including those with service dogs. It's the law that allows you to take your service dog to places like restaurants, retail stores, hotels, movie theaters, private schools (you can be required to provide some documentation to verify you need a reasonable accommodation in a private school, just like in a public school), convention centers, doctors' offices, hospitals, homeless shelters, transportation depots, zoos (though some areas may be off limits), funeral homes, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by this law. Note that this law does not apply to service dogs in training, only fully trained service dogs. Note that some public places, like churches, are exempt. If you feel you've been denied access or discriminated against under this law, you can file a complaint with the U.S. Department of Justice.
Title IV of the ADA - This is about telephone and television access for people with hearing and speech disabilities. It says telephone companies have to have a telephone relay service and federally funded public service announcements on TV must be closed captioned. It has nothing to do with service dogs. If you feel your rights have been violated under this law, you can file a complaint with the Federal Communications Commission.
And for more information, please visit this Guide to Disability Rights Laws provided by the U.S. Department of Justice.
Thursday, October 23, 2014
If You Want to Have a Service Dog, You Really Need to Understand the Applicable Laws
It seems that many people that have service dogs or want to have them are misinformed or mixed up about the applicable laws. I know the laws can be confusing, especially in some instances. For instance, it may be hard to figure out which law applies in certain instances - is a homeless shelter a home? Then the Fair Housing Act would apply. Or is it a public accommodation? Then the Americans with Disabilities Act would apply. But what if it's run by a church? What if the shelter is in a church? Does that make it a religious organization? Then they would be exempt from the ADA. See how confusing it can be sometimes?
But it's often not. The basics are fairly simply, I think.
If you're talking about public places like most business, the ADA applies. A few things are exempt, including churches and places run by the federal government (like VA hospitals, federal courthouses and post offices - those places get to make their own rules and they may differ from the ADA although they are usually similar).
If you're talking about housing, the Fair Housing Act applies.
If you're talking about airplanes, the Air Carriers Access Act applies (but only for domestic flights - if you're flying outside the US, different rules might apply).
The ADA only applies to fully trained service dogs, not service dogs in training. Each state has its own laws about service dogs in training.
The ADA does not apply to emotional support animals, either, only service dogs.
The Fair Housing Act and the Air Carriers Access Act do apply to emotional support animals as well as service dogs. The Air Carriers Access Act has different rules for psychiatric service dogs and for emotional support animals than for other types of service dogs, however (which is discriminatory against people with mental illnesses and should not be legal, but it is the law currently).
If you start complaining that your landlord is violating the ADA because he says you can't have a service dog in your apartment, you should like you don't know what you're talking about and you're not likely to win that argument. Your landlord might be violating the Fair Housing Act, but he's not violating the ADA because the ADA does not apply to housing.
In order to make sure your rights are not violated, you need to know what your rights are. And if you start complaining that your rights are being violated when they're not, or try to claim certain laws give you certain rights when they don't, you sound like you don't know what you're talking about and you lose credibility. That won't help you achieve the access to which you are entitled.
But it's often not. The basics are fairly simply, I think.
If you're talking about public places like most business, the ADA applies. A few things are exempt, including churches and places run by the federal government (like VA hospitals, federal courthouses and post offices - those places get to make their own rules and they may differ from the ADA although they are usually similar).
If you're talking about housing, the Fair Housing Act applies.
If you're talking about airplanes, the Air Carriers Access Act applies (but only for domestic flights - if you're flying outside the US, different rules might apply).
The ADA only applies to fully trained service dogs, not service dogs in training. Each state has its own laws about service dogs in training.
The ADA does not apply to emotional support animals, either, only service dogs.
The Fair Housing Act and the Air Carriers Access Act do apply to emotional support animals as well as service dogs. The Air Carriers Access Act has different rules for psychiatric service dogs and for emotional support animals than for other types of service dogs, however (which is discriminatory against people with mental illnesses and should not be legal, but it is the law currently).
If you start complaining that your landlord is violating the ADA because he says you can't have a service dog in your apartment, you should like you don't know what you're talking about and you're not likely to win that argument. Your landlord might be violating the Fair Housing Act, but he's not violating the ADA because the ADA does not apply to housing.
In order to make sure your rights are not violated, you need to know what your rights are. And if you start complaining that your rights are being violated when they're not, or try to claim certain laws give you certain rights when they don't, you sound like you don't know what you're talking about and you lose credibility. That won't help you achieve the access to which you are entitled.
Wednesday, July 2, 2014
Where Can You Take Your Service Dog in Training?
Service dogs are dogs that
have been specially trained to perform tasks that mitigate their owners’
disabilities. While many people with disabilities get service dogs from
organizations that train them, others choose to train their own service dogs. It’s
perfectly legal to train your own service dog, although you may not succeed at
doing so unless you have a lot of experience training dogs.
Under the Americans with
Disabilities Act, which is a federal law, people with disabilities are allowed
to take their service dogs most places they go, even if pets are not normally
allowed, including stores, shopping malls, restaurants, doctors’ offices and
hospitals. The Americans with Disabilities Act does not apply to service dogs
in training, though, only to fully trained service dogs.
So where can you take your
service dog in training? It depends on the laws in your state. Some states,
about half of them, allow people that are training service dogs to take service
dogs in training to all the places fully trained service dogs are allowed to go
under the American with Disabilities Act. In about half of those states, only
professional dog trainers or those associated with recognized service dog
training programs are allowed to take service dogs in training into public
places. That means if you live in one of those states, if you are training your
own service dog and you are not a professional dog trainer, you can only take
your service dog in training to places that allow pets unless you speak with
the owner or manager and get permission to bring your dog there.
Note that some states have
laws pertaining to service dogs in training that only apply to certain types of
service dogs. For instance, I live in the state of Ohio and state laws here do
not recognize psychiatric service dogs, those trained to assist people with
psychiatric conditions like post-traumatic stress disorder, depression, bipolar
disorder and schizophrenia. That means in Ohio, professional dog trainers that
are training service dogs for blind people, deaf people or people with physical
disabilities can take service dogs in training into public places but not
professional dog trainers that are training service dogs for people with
psychiatric disabilities.
Check the laws in your state
before taking your service dog in training into public places that don’t
normally allow pets. The website of the Animal Legal and Historical Center is a good place to start but if you’re not
sure you have all the information you need, you can consult an attorney in your
state for the most up-to-date info available.
Thursday, April 24, 2014
Attacks on Service Dogs
Some of you probably remember me posting a while back about a woman I know whose service dog was attacked by some crazy woman in a Walmart.
The woman kicked the dog for no reason at all. And before that, about the woman whose service dog had bleach sprayed in its face, also for no reason, in a store.
Well, today another person I know had her service dog kicked on a city bus. The dog was not bothering anyone and was completely under the woman's seat when another passenger, for no apparently reason, as she was passing the seat to get off the bus, reached out and kicked the dog. It was clearly not an accident, as the dog was completely under the seat and she had to really stretch out her leg to do it.
Well, today another person I know had her service dog kicked on a city bus. The dog was not bothering anyone and was completely under the woman's seat when another passenger, for no apparently reason, as she was passing the seat to get off the bus, reached out and kicked the dog. It was clearly not an accident, as the dog was completely under the seat and she had to really stretch out her leg to do it.
The woman that kicked the service dog in Walmart did get arrested and I
think is being charged with cruelty to animals. The woman that kicked
the service dog on the bus today then continued to get off the bus
before anyone thought to try and stop her, so I guess she isn't getting
in trouble at all.
Personally, I think in addition to being charged with cruelty to animals, they should probably be charged with hate crimes. These are not only crimes against animals, but crimes against the people with disabilities that rely on these service dogs. If the dog is physically injured, or if he becomes psychologically damaged as a result of being attacked by a person for no reason, that would have a devastating effect on his handler's life.
These kinds of stories really scare me. It's just unbelievably cruel, not only to the dogs, but also to the person with a disability.
And I don't mean to downplay the cruelty to the dogs. I am against cruelty to animals. I don't eat meat, haven't since I was 14, because I think killing animals so we can eat them is cruel. I rarely eat eggs but when I do, I buy free range eggs from a local farm where I can see how the chickens are treated, because most chickens raised for their eggs are treated in terribly cruel ways. I watched a documentary about how Wegman's raises eggs and I cried. (I encourage you to watch the video. It's only about 30 minutes long and the ending is beautiful. And I promise it will make you think). I refuse to visit zoos or aquariums because the way animals are captured and then kept is cruel. I am against using animals for medical research.
So I think people that attack dogs, whether they are service dogs or not, should be prosecuted. I think it's terrible that they usually get no jail time, especially for a first offense. Hurting animals is a terrible crime. It's immoral. It's unethical. It's wrong.
But I think attacking a service dog is another crime, too. It's also a crime against the person with a disability. If a person used a wheelchair and another customer in a Walmart came up and did something to damage or destroy that wheelchair, how horrible would that be? How would that person get home, without their wheelchair? They'd be stranded in Walmart.
And you know, in many cases, the person that damaged the wheelchair would get in more trouble, legally, than the person that kicked a service dog. Animals are viewed as property and usually not very valuable property, either.
But service dogs are incredibly valuable. They cannot be easily replaced. Hurting a service dog hurts the person that relies on that dog. I really do think it should be considered a hate crime.
Personally, I think in addition to being charged with cruelty to animals, they should probably be charged with hate crimes. These are not only crimes against animals, but crimes against the people with disabilities that rely on these service dogs. If the dog is physically injured, or if he becomes psychologically damaged as a result of being attacked by a person for no reason, that would have a devastating effect on his handler's life.
These kinds of stories really scare me. It's just unbelievably cruel, not only to the dogs, but also to the person with a disability.
And I don't mean to downplay the cruelty to the dogs. I am against cruelty to animals. I don't eat meat, haven't since I was 14, because I think killing animals so we can eat them is cruel. I rarely eat eggs but when I do, I buy free range eggs from a local farm where I can see how the chickens are treated, because most chickens raised for their eggs are treated in terribly cruel ways. I watched a documentary about how Wegman's raises eggs and I cried. (I encourage you to watch the video. It's only about 30 minutes long and the ending is beautiful. And I promise it will make you think). I refuse to visit zoos or aquariums because the way animals are captured and then kept is cruel. I am against using animals for medical research.
So I think people that attack dogs, whether they are service dogs or not, should be prosecuted. I think it's terrible that they usually get no jail time, especially for a first offense. Hurting animals is a terrible crime. It's immoral. It's unethical. It's wrong.
But I think attacking a service dog is another crime, too. It's also a crime against the person with a disability. If a person used a wheelchair and another customer in a Walmart came up and did something to damage or destroy that wheelchair, how horrible would that be? How would that person get home, without their wheelchair? They'd be stranded in Walmart.
And you know, in many cases, the person that damaged the wheelchair would get in more trouble, legally, than the person that kicked a service dog. Animals are viewed as property and usually not very valuable property, either.
But service dogs are incredibly valuable. They cannot be easily replaced. Hurting a service dog hurts the person that relies on that dog. I really do think it should be considered a hate crime.
Wednesday, April 9, 2014
Can a Therapist Write a Letter, Making Your Pet a Service Dog?
I have a friend, not a close friend but a friend, who is a therapist. A couple days ago she asked me a question. She said she sometimes has clients that ask her to please write them a letter saying they need their pet to be a service dog so they can take their dog into public places. They say their dog helps their depression or anxiety, so they want their dog to be a service dog. She was wondering if a dog is really a service dog if it just makes someone feel better or feel less anxious or less depressed.
It's a great question. The answer is no, if all the dog does is provide comfort or emotional support, it's not a service dog. It might be an emotional support animal, but it's not a service dog.
A service dog must be trained to perform specific tasks that mitigate a person's disability. And the person must be disabled in order to have a service dog. Not everyone that suffers from anxiety, depression or other psychological problems is disabled by their condition.
An emotional support animal is a pet (doesn't have to be a dog) belonging to a person with a psychiatric disability (like anxiety or depression) that is recommended by their doctor, therapist or other healthcare provider as part of their treatment plan. Again, the person must be disabled, and not everyone with anxiety or depression is disabled by their condition.
Service dogs have to be trained to perform specific tasks to mitigate a person's disability but emotional support animals don't need any special training.
Service dogs are allowed to go most places with their handlers, including restaurants and stores. Emotional support animals are not. In most cases, landlords must allow people to have emotional support animals, even if they do not normally allow pets (some landlords are exempt from this law, however), and people are allowed to fly within the U.S. with an emotional support animal in the cabin of the plane. Same goes with service dogs. You cannot take an emotional support animal to a restaurant, grocery store, hotel that does not allow pets, doctor's office, movie theater, etc. though, unless you get permission from the manager (and in some cases, the manager cannot legally give permission; health codes prevent them from allowing an emotional support animal in a restaurant, for instance).
You don't need a letter from your therapist to take your service dog into public places. In fact, it is illegal for business owners to ask to see such a letter. If you are disabled and your dog is trained to perform tasks that mitigate your disability, then you are allowed to take your service dog with you.
If you are not disabled, though, or if your dog is not trained to perform actual tasks that mitigate your disability, even if you have a letter from your therapist, you are not legally allowed to take your dog into public places where pets are not permitted. A letter from your therapist does not override the law.
If you have an emotional support animal, you may be required to provide a letter from your therapist or other healthcare provider in order to fly with your emotional support animal or in order to live in no pets housing with your emotional support animal.
Here are links to some articles with more information about emotional support animals:
Where Can You Take Your Emotional Support Animal?
Keeping an Emotional Support Animal in an Apartment that Doesn't Allow Pets
Flying with an Emotional Support Animal
It's a great question. The answer is no, if all the dog does is provide comfort or emotional support, it's not a service dog. It might be an emotional support animal, but it's not a service dog.
A service dog must be trained to perform specific tasks that mitigate a person's disability. And the person must be disabled in order to have a service dog. Not everyone that suffers from anxiety, depression or other psychological problems is disabled by their condition.
An emotional support animal is a pet (doesn't have to be a dog) belonging to a person with a psychiatric disability (like anxiety or depression) that is recommended by their doctor, therapist or other healthcare provider as part of their treatment plan. Again, the person must be disabled, and not everyone with anxiety or depression is disabled by their condition.
Service dogs have to be trained to perform specific tasks to mitigate a person's disability but emotional support animals don't need any special training.
Service dogs are allowed to go most places with their handlers, including restaurants and stores. Emotional support animals are not. In most cases, landlords must allow people to have emotional support animals, even if they do not normally allow pets (some landlords are exempt from this law, however), and people are allowed to fly within the U.S. with an emotional support animal in the cabin of the plane. Same goes with service dogs. You cannot take an emotional support animal to a restaurant, grocery store, hotel that does not allow pets, doctor's office, movie theater, etc. though, unless you get permission from the manager (and in some cases, the manager cannot legally give permission; health codes prevent them from allowing an emotional support animal in a restaurant, for instance).
You don't need a letter from your therapist to take your service dog into public places. In fact, it is illegal for business owners to ask to see such a letter. If you are disabled and your dog is trained to perform tasks that mitigate your disability, then you are allowed to take your service dog with you.
If you are not disabled, though, or if your dog is not trained to perform actual tasks that mitigate your disability, even if you have a letter from your therapist, you are not legally allowed to take your dog into public places where pets are not permitted. A letter from your therapist does not override the law.
If you have an emotional support animal, you may be required to provide a letter from your therapist or other healthcare provider in order to fly with your emotional support animal or in order to live in no pets housing with your emotional support animal.
Here are links to some articles with more information about emotional support animals:
Where Can You Take Your Emotional Support Animal?
Keeping an Emotional Support Animal in an Apartment that Doesn't Allow Pets
Flying with an Emotional Support Animal
Thursday, February 13, 2014
Remember the Dog that was Kicked by a Woman in Walmart?
Remember a week or so ago when I posted about a woman kicking a service dog in Walmart? Well, she was arrested and charged and will be going to
court at some point. Apparently at the police station, when they tried
to fingerprint her and stuff, she got aggressive and smacked a cop, so
now she is also being charged with assaulting a police officer.
The bad news is that the dog, while he is recovering from his physical injury, now behaves nervously in Walmart and refuses to go down the aisle where this happened and shies away from strangers that approach him, especially women of the same ethnicity as the woman that kicked him. His owner has scheduled an appointment with an animal behaviorist, but the dog may end up having to retire.
Do you understand how devastating that would be? It could be more than a year before the owner could get another service dog. I don't know about her finances, but it's possible should can't afford two dogs, which would mean in order to get another service dog, the current dog would have to be re-homed. I don't know what the maximum penalty the kicking woman can get, but I'm betting it's not nearly severe enough for all that.
The bad news is that the dog, while he is recovering from his physical injury, now behaves nervously in Walmart and refuses to go down the aisle where this happened and shies away from strangers that approach him, especially women of the same ethnicity as the woman that kicked him. His owner has scheduled an appointment with an animal behaviorist, but the dog may end up having to retire.
Do you understand how devastating that would be? It could be more than a year before the owner could get another service dog. I don't know about her finances, but it's possible should can't afford two dogs, which would mean in order to get another service dog, the current dog would have to be re-homed. I don't know what the maximum penalty the kicking woman can get, but I'm betting it's not nearly severe enough for all that.
Wednesday, January 29, 2014
Service Dog Attacked by Walmart Customer
This morning I read a story (I think you have to be a member of this
site to see it, so I'm not bothering with a link) about a woman that was
shopping at Walmart in the middle of the night with her service dog and
another customer, for no reason, kicked her dog. Hard. Hard enough to
make the dog cry. The kicking customer later tried to say the service
dog snapped at her and that's why she kicked him.
Walmart employees told the kicking customer to leave but she refused and kept ranting and raving about how dogs should not be in Walmart, so they called the cops. Thank goodness, the cops actually arrested the kicking customer. Apparently there is a law in Texas against injuring a service dog.
I'm absolutely horrified, not just because someone kicked a dog for no reason, but because something like this can potentially cause irreparable damage to a dog's ability to work as a service dog. He could become too fearful to work in public. Or, if he had bitten the kicking customer in response to being kicked (which would seem quite reasonable to me), he would have to be retired from working permanently. Two years of training and approximately $20,000 (the cost of training a service dog) would be down the drain and a person with a disability would likely have to wait another year or two in order to get another service dog.
Edited to add: The service dog was seen by a vet and is not seriously injured. He has to take it easy for a week and is on pain medication. It's too soon to know how he will be affected emotionally. If he becomes too fearful in stores or if he reacts to strangers in a suspicious manner, he could be unable to continue working. There are people that have had that experience. I've talked to a couple people who had service dogs that were attacked by other dogs (not service dogs) and essentially developed PTSD or something similar and were unable to continue working as service dogs because they were frightened or felt threatened when they saw other dogs and responded accordingly.
I think about how loving and trusting Isaac is and about how bewildered and frightened and hurt he would be if someone kicked him like that. Good grief, he was horribly offended when Mike's cat Indigo swatted him on the nose and I am pretty sure that did not hurt at all. I imagine if someone kicked Isaac in a store, he would get as close to me as possible for protection, which is pretty much what he did when Indigo swatted him. He came running to me to save him. I feel certain he wouldn't bite or respond in an aggressive manner.
But how would it affect him emotionally? It's hard to say. Isaac was always a bit wary of Indigo after she swatted him but he was not afraid of other cats. And he seems to recover quickly from things. For instance, I once cut one of his nails too short and it must have hurt because he yelped, and it also bled like crazy, and I was afraid he would be scared of getting his nails cut after that, but he wasn't. He doesn't really like getting his nails cut but he didn't like it before that time, either.
I feel like it's difficult to explain how devastating something like this could be. If Isaac was injured, whether physically or emotionally, and was therefore unable to continue working in public, I would be faced with a heart-wrenching decision. I would have to decide whether to get another service dog, but here's the heart-wrenching part. I could not afford to care for two dogs. Caring for Isaac is a strain on my budget. He is definitely worth the strain, but it would be impossible to come up with the money to care for a second dog. I also live in a small apartment and don't have room for two dogs, plus my apartment complex has a one pet rule and I already got special permission to have Cayenne in addition to Isaac. In order to get another service dog, I would have to re-home Isaac.
This has been on my mind all day and I am pretty sure I would just have to do without a service dog in order to keep Isaac. And it could be possible that he could still do tasks for me at home, just not in public. And honestly, he does more for me at home than out in public anyway. For some people, it would be the opposite. For instance, a blind person would rely on a guide dog much more out in public than in the home. So at least I could manage more easily than some people without a service dog when I go places. But it would be hard.
If I did decide I needed another service dog, I would have to raise the funds for it, and if it happened at this point in time, I imagine that would be really difficult since everyone I know has already donated as much as they can for Isaac. I would find it really hard to raise another $5000. Of course, it would likely be a year at least before I could get another service dog. There are long waiting lists.
I think there should be laws in every state, with very stiff penalties, for injuring a service dog. Of course, I think there should be laws with stiffer penalties than currently exist for any kind of animal cruelty. But injuring a service dog is a crime on a whole other level, I think.
Walmart employees told the kicking customer to leave but she refused and kept ranting and raving about how dogs should not be in Walmart, so they called the cops. Thank goodness, the cops actually arrested the kicking customer. Apparently there is a law in Texas against injuring a service dog.
I'm absolutely horrified, not just because someone kicked a dog for no reason, but because something like this can potentially cause irreparable damage to a dog's ability to work as a service dog. He could become too fearful to work in public. Or, if he had bitten the kicking customer in response to being kicked (which would seem quite reasonable to me), he would have to be retired from working permanently. Two years of training and approximately $20,000 (the cost of training a service dog) would be down the drain and a person with a disability would likely have to wait another year or two in order to get another service dog.
Edited to add: The service dog was seen by a vet and is not seriously injured. He has to take it easy for a week and is on pain medication. It's too soon to know how he will be affected emotionally. If he becomes too fearful in stores or if he reacts to strangers in a suspicious manner, he could be unable to continue working. There are people that have had that experience. I've talked to a couple people who had service dogs that were attacked by other dogs (not service dogs) and essentially developed PTSD or something similar and were unable to continue working as service dogs because they were frightened or felt threatened when they saw other dogs and responded accordingly.
I think about how loving and trusting Isaac is and about how bewildered and frightened and hurt he would be if someone kicked him like that. Good grief, he was horribly offended when Mike's cat Indigo swatted him on the nose and I am pretty sure that did not hurt at all. I imagine if someone kicked Isaac in a store, he would get as close to me as possible for protection, which is pretty much what he did when Indigo swatted him. He came running to me to save him. I feel certain he wouldn't bite or respond in an aggressive manner.
But how would it affect him emotionally? It's hard to say. Isaac was always a bit wary of Indigo after she swatted him but he was not afraid of other cats. And he seems to recover quickly from things. For instance, I once cut one of his nails too short and it must have hurt because he yelped, and it also bled like crazy, and I was afraid he would be scared of getting his nails cut after that, but he wasn't. He doesn't really like getting his nails cut but he didn't like it before that time, either.
I feel like it's difficult to explain how devastating something like this could be. If Isaac was injured, whether physically or emotionally, and was therefore unable to continue working in public, I would be faced with a heart-wrenching decision. I would have to decide whether to get another service dog, but here's the heart-wrenching part. I could not afford to care for two dogs. Caring for Isaac is a strain on my budget. He is definitely worth the strain, but it would be impossible to come up with the money to care for a second dog. I also live in a small apartment and don't have room for two dogs, plus my apartment complex has a one pet rule and I already got special permission to have Cayenne in addition to Isaac. In order to get another service dog, I would have to re-home Isaac.
This has been on my mind all day and I am pretty sure I would just have to do without a service dog in order to keep Isaac. And it could be possible that he could still do tasks for me at home, just not in public. And honestly, he does more for me at home than out in public anyway. For some people, it would be the opposite. For instance, a blind person would rely on a guide dog much more out in public than in the home. So at least I could manage more easily than some people without a service dog when I go places. But it would be hard.
If I did decide I needed another service dog, I would have to raise the funds for it, and if it happened at this point in time, I imagine that would be really difficult since everyone I know has already donated as much as they can for Isaac. I would find it really hard to raise another $5000. Of course, it would likely be a year at least before I could get another service dog. There are long waiting lists.
I think there should be laws in every state, with very stiff penalties, for injuring a service dog. Of course, I think there should be laws with stiffer penalties than currently exist for any kind of animal cruelty. But injuring a service dog is a crime on a whole other level, I think.
Tuesday, August 6, 2013
More Stuff You Might Not Know About Service Dogs
Last month I posted some facts you might not have knownabout service dogs. Here are a few more.
- The full cost of a service dog is usually about $20,000. Depending on what the dog must be trained to do, it can be twice that much. Most people with disabilities do not get service dogs given to them for free. Most programs that train and place service dogs cover a lot of the cost themselves (through donations and occasionally grants) but it’s common for a person with a disability to have to pay somewhere between $2000 and $5000 for their service dog. Health insurance doesn’t cover the cost of a service, either, at least not in most cases.
- Churches are exempt from the Americans with
Disabilities Act, which means they are not required to let a person with a
disability bring a service dog to church services. The same goes for other places of worship,
like synagogues and mosques. Some do welcome
service dogs, but they are legally permitted to disallow them. (They must allow service dogs at events that
are open to the general public though.
For instance, if a church holds a community craft show or allows AA
groups to meet in their building, service dogs must be permitted there.) Do you know if your church allows people with
disabilities to bring their service dog to services?
- Hotels must allow people with disabilities to
stay there with their service dogs, even if they do not normally allow
pets. They are not allowed to charge an
additional fee for the service dog, even if they typically charge an extra “pet
fee” for pets (because service dogs are not pets). If a service dog does any damage to a hotel room,
though, the owner must pay for that damage.
- While most businesses must allow a person with a disability to bring their service dog into that business, they are not required to provide any special supplies or services for the dog. For instance, restaurants must allow me to bring Isaac in with me. However, they do not have to provide him with a dish of water (and in fact, I should not be giving Isaac food or water in the restaurant at all. I keep water, and if necessary, food, in the car and feed or water him before or after I go in to eat).
Friday, April 19, 2013
Weird Rule for Service Dogs
Today I signed the lease for my new apartment. They have this written
service dog policy that they had me sign. Most of the things in it were
normal "service dog rules," like the dog must be on a leash at all
times except if doing a task that requires him to be off leash, you must
pick up after the dog, etc. But one of the things was that the service
dog must be no more than 24 inches from me at all times. I asked if
that meant I could not take him out for a walk on the property on a
longer leash and let him sniff around and stuff. The property manager
seemed confused and said he didn't know. So I asked if they have that
same policy for tenants with pets, because the property does allow
pets. He said he didn't think so, then he looked up their pet policy
and it says nothing about how close a pet dog has to be to its owner.
So then we had this conversation.
Me: So my dog has to be within two feet of me because he's a service dog?
Manager: Yeah, I guess so.
Me: What if I hire a dog walker? I plan to hire someone that can take him for a run sometimes. Will the dog have to be that close to the dog walker, too? Or can he be on a longer leash with the dog walker?
Manager: I don't think he'd have to be that close to the dog walker. The dog walker won't be signing this list of rules.
Me: So other tenants with pet dogs don't have to keep their dogs that close to them, and a dog walker won't have to keep my dog that close to her. The rule just applies to me? And of course anyone else that is disabled and has a service dog.
Manager: Yeah.
Me: And that is because I have a disability?
Manager: I guess so, yeah.
Me: That doesn't sound right to me. Are you sure you're allowed to do that? To have different rules for disabled tenants?
Manager: No. Probably not. I don't think we can enforce that. I wouldn't worry about it.
Me: If you can't enforce it, why are you asking me to sign something saying I agree to it?
Manager: I don't know.
Me: Well, who would know?
Manager (thinks a while): I guess our compliance officer.
Me: Great! What's their name and number?
The compliance officer was not in the office today. Hopefully she returns my call Monday. I'm think it is not legal to have a different rule like that just for disabled tenants. But I will find out.
So then we had this conversation.
Me: So my dog has to be within two feet of me because he's a service dog?
Manager: Yeah, I guess so.
Me: What if I hire a dog walker? I plan to hire someone that can take him for a run sometimes. Will the dog have to be that close to the dog walker, too? Or can he be on a longer leash with the dog walker?
Manager: I don't think he'd have to be that close to the dog walker. The dog walker won't be signing this list of rules.
Me: So other tenants with pet dogs don't have to keep their dogs that close to them, and a dog walker won't have to keep my dog that close to her. The rule just applies to me? And of course anyone else that is disabled and has a service dog.
Manager: Yeah.
Me: And that is because I have a disability?
Manager: I guess so, yeah.
Me: That doesn't sound right to me. Are you sure you're allowed to do that? To have different rules for disabled tenants?
Manager: No. Probably not. I don't think we can enforce that. I wouldn't worry about it.
Me: If you can't enforce it, why are you asking me to sign something saying I agree to it?
Manager: I don't know.
Me: Well, who would know?
Manager (thinks a while): I guess our compliance officer.
Me: Great! What's their name and number?
The compliance officer was not in the office today. Hopefully she returns my call Monday. I'm think it is not legal to have a different rule like that just for disabled tenants. But I will find out.
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