Headache
Well-known member
This will be a novel with "Cliff's Notes" at the end.
On reading another thread about service dogs as well as seeing the guidelines from a very popular winter gathering recently posted about(not RTR) it is obvious that many are confused by what the laws actually are and mean, and in being so are misinforming others. I wanted to get down to the specifics regarding the federal laws protecting legitimate service dogs and their handlers.
First, some acronyms for convenience:
ESA = emotional support animal
SD = service dog
PSD = psychiatric service dog
SA = service animal
ADA = Americans with Disabilities Act
I am NOT going to get into specific state guidelines because they are STATE specific ONLY and while the ADA does allow that when rules of another government entity differ from the ADA, the rule that will apply to the situation will be the one that benefits the disabled person please note that it is in regard to public access only and there are criteria that MUST be followed the main two being:
1) The owner MUST be in control of their animal AT ALL TIMES
2) Must be house broken
If either of those two are broken it doesn't matter how much documentation you think you have, you can be legally asked to leave including the police being called if you don't.
Am I qualified to educate on this? Maybe. I have been working with dogs on and off for about 40 years and in cumulative experience about 25 of that. I am not a "trainer" because I don't work well with people and after a few go rounds with some people that wanted me to train their dogs while they wanted nothing to do with the process I bowed out altogether. I say I "work" with dogs because they already know how to sit and lie down and it is I that needs to communicate with them what I want. I have trained service dogs for myself. I currently do not have one as I haven't found a good candidate but I do have a canine "buddy" I am working with now who is NOT an ESA(emotional support animal) nor a good candidate for one. I'm a habitual rescue adopter so when I find a shelter dog young enough, stable enough and mild in temperament I'll have found a good candidate. I'm still looking.
On a side note I have been in contact with the people setting up the gathering in order to facilitate them changing their guidelines and they have been very open and agreeable. In fact, as I type this they have already changed their rules on their website and are working to finalize those rules that will apply to pet owners, not service dog teams. Huzzah!
I will provide links and resources to back up everything I post here as of this date. If any changes are made to the law since my posting it is your responsibility to keep up with them if they apply to you. I also want to be VERY specific about what this pertains to; this is for service dog teams on the road and at gatherings. This is NOT in regards to public transportation, residence accommodations or anything outside of van and RV dwelling, camping and gatherings.
Almost all information I provide come from this source:
Americans With Disabilities Act Title III Regulations
http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm#a104
but I might also cheat and take it from the Cliff's Notes version:
http://www.ada.gov/service_animals_2010.htm
First lets get to the definition of what a service animal is as well as what it is not:
Note that a service animal is a dog which has been trained to do work or perform tasks to mitigate disabilities of the disabled person. I'm being specific with ADA laws and only those that would apply to van dwelling and their associated gatherings because I don't even want to get into why a TURKEY suddenly became a service animal and allowed to fly:
http://www.upi.com/Odd_News/2016/01...ey-as-emotional-support-animal/1261452807477/
Continued....
On reading another thread about service dogs as well as seeing the guidelines from a very popular winter gathering recently posted about(not RTR) it is obvious that many are confused by what the laws actually are and mean, and in being so are misinforming others. I wanted to get down to the specifics regarding the federal laws protecting legitimate service dogs and their handlers.
First, some acronyms for convenience:
ESA = emotional support animal
SD = service dog
PSD = psychiatric service dog
SA = service animal
ADA = Americans with Disabilities Act
I am NOT going to get into specific state guidelines because they are STATE specific ONLY and while the ADA does allow that when rules of another government entity differ from the ADA, the rule that will apply to the situation will be the one that benefits the disabled person please note that it is in regard to public access only and there are criteria that MUST be followed the main two being:
1) The owner MUST be in control of their animal AT ALL TIMES
2) Must be house broken
If either of those two are broken it doesn't matter how much documentation you think you have, you can be legally asked to leave including the police being called if you don't.
Am I qualified to educate on this? Maybe. I have been working with dogs on and off for about 40 years and in cumulative experience about 25 of that. I am not a "trainer" because I don't work well with people and after a few go rounds with some people that wanted me to train their dogs while they wanted nothing to do with the process I bowed out altogether. I say I "work" with dogs because they already know how to sit and lie down and it is I that needs to communicate with them what I want. I have trained service dogs for myself. I currently do not have one as I haven't found a good candidate but I do have a canine "buddy" I am working with now who is NOT an ESA(emotional support animal) nor a good candidate for one. I'm a habitual rescue adopter so when I find a shelter dog young enough, stable enough and mild in temperament I'll have found a good candidate. I'm still looking.
On a side note I have been in contact with the people setting up the gathering in order to facilitate them changing their guidelines and they have been very open and agreeable. In fact, as I type this they have already changed their rules on their website and are working to finalize those rules that will apply to pet owners, not service dog teams. Huzzah!
I will provide links and resources to back up everything I post here as of this date. If any changes are made to the law since my posting it is your responsibility to keep up with them if they apply to you. I also want to be VERY specific about what this pertains to; this is for service dog teams on the road and at gatherings. This is NOT in regards to public transportation, residence accommodations or anything outside of van and RV dwelling, camping and gatherings.
Almost all information I provide come from this source:
Americans With Disabilities Act Title III Regulations
http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm#a104
but I might also cheat and take it from the Cliff's Notes version:
http://www.ada.gov/service_animals_2010.htm
First lets get to the definition of what a service animal is as well as what it is not:
Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
Note that a service animal is a dog which has been trained to do work or perform tasks to mitigate disabilities of the disabled person. I'm being specific with ADA laws and only those that would apply to van dwelling and their associated gatherings because I don't even want to get into why a TURKEY suddenly became a service animal and allowed to fly:
http://www.upi.com/Odd_News/2016/01...ey-as-emotional-support-animal/1261452807477/
Continued....