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ADA Service Animals

dagger1

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True service animals can not be prohibited from stores, restaurants, hotels, timeshares, etc, etc. There is no required paperwork or license for a service animal. The business can ask 2 questions: 1. It this a trained service animal (dog or pony); 2. What task is the service animal trained to preform for the owner.
Exactly, and this is the issue. There should be required paperwork just as there is a physical requirement to park in an ADA spot.
 

dagger1

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And that is the root problem, IMO. Why is no paperwork or licensing required??? In order for a person to get a handicap parking placard, they need to go through a registration process AND be able to provide the paperwork upon request. Why not for service animals? What "rights" are being infringed upon in requiring this documentation?

The government really screwed up (more than usual) when they put the service animal laws and regulations together.

Kurt
Exactly!
 

tschwa2

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so you want government officials to be posted at all stores to determine the validity of service animals
(checking the paperwork for valid service animal licenses)
No we want a government agency or approved agency(ies) that will verify that the disability exists and that the animal has been adequately trained to provide the needed service and every so often (maybe every 5 years or so) re-certify or extend the certification.

There isn't a government official at every parking lot to determine the validity of a disability plate or hang tag. On the other hand they don't make disability parking available and tell everyone that it is on the honor system and as long as you state that you have a disability you can park in the reserved parking.
 

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No we want a government agency or approved agency(ies) that will verify that the disability exists and that the animal has been adequately trained to provide the needed service and every so often (maybe every 5 years or so) re-certify or extend the certification.

There isn't a government official at every parking lot to determine the validity of a disability plate or hang tag. On the other hand they don't make disability parking available and tell everyone that it is on the honor system and as long as you state that you have a disability you can park in the reserved parking.

yes, handicap parking does not extend into the store for someone to check

Just hire more state government officials to certify miniature horses, peacocks, dogs, etc to determine if the person is really disabled and animal assistance is necessary and the owner's animal passes certain tests.
And be sure to charge for these special animal licenses and hope the fraudulent licenses don't fool the customers!
 
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dagger1

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so you want government officials to be posted at all stores to determine the validity of service animals
(checking the paperwork for licenses)
No, that wouldn’t be very smart. I think certification documentation should be presented every time a service animal requires special access, such as on an airplane or in a hotel. Especially when a payment waiver is expected and/or entry to a “no pets” facility is asked for. If no documentation, then no entry, waiver or special treatment would be given. Why would a government official be needed?
 

bbodb1

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There is NO reason a person with a service animal cannot be asked to produce proper certification with respect to the animal abilities. That way, if an incident occurs the establishment has a record of the offender.
 

#1 Cowboys Fan

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Where I work, we can ask ".....it that a Service animal?"

That being said, if they say "yes", there can be no follow up----even if you know they are not telling the truth.
 

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There is NO reason a person with a service animal cannot be asked to produce proper certification with respect to the animal abilities. That way, if an incident occurs the establishment has a record of the offender.

In fact there is, even though some may desire greater documentation. That of course would require an update to the act itself.

"People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry."

"In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability."

https://www.ada.gov/regs2010/service_animal_qa.html#cert
 

bbodb1

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In fact there is, even though some may desire greater documentation. That of course would require an update to the act itself.

"People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry."

"In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability."

https://www.ada.gov/regs2010/service_animal_qa.html#cert

Your point illustrates the many weaknesses of the ADA. As well intended as the intent behind ADA might have been, it is yet another example of a combination of poorly constructed legal codes with little to no consideration given on how to actually implement and enforce the code for the well being of all individuals.

The ADA needs revision because the current version defines logic - there is NO reasonable objection to providing documentation.

Providing identification accomplioshes two goals concurrently - it allows other patrons within an establishment to have a much higher level of confidence that a service animal is legitimate AND it allows those individuals who do need and use a service animal to have better (easier) access. The point here being any movement to increase confidence in the legitimacy of a service animal is a step in the proper direction.
 

bbodb1

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bbodb1

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There will always be abuses in any system. ;)

But never let that stop us from the pursuit of a perfect system!

Disclaimer: these words have NEVER been uttered by Wyndham.....
 

dagger1

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Your point illustrates the many weaknesses of the ADA. As well intended as the intent behind ADA might have been, it is yet another example of a combination of poorly constructed legal codes with little to no consideration given on how to actually implement and enforce the code for the well being of all individuals.

The ADA needs revision because the current version defines logic - there is NO reasonable objection to providing documentation.

Providing identification accomplioshes two goals concurrently - it allows other patrons within an establishment to have a much higher level of confidence that a service animal is legitimate AND it allows those individuals who do need and use a service animal to have better (easier) access. The point here being any movement to increase confidence in the legitimacy of a service animal is a step in the proper direction.
Exactly.
 

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Ahh, enforcement? We're in a resort right now that has a strict "no pets" policy stated in the reservation paperwork and at the front desk. Two doors down from us was a sweet old limping white-whiskered Labrador retriever wearing diapers...
 

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Ahh, enforcement? We're in a resort right now that has a strict "no pets" policy stated in the reservation paperwork and at the front desk. Two doors down from us was a sweet old limping white-whiskered Labrador retriever wearing diapers...

Gross.

This is why I believe the dog owners are the problem and call them idiots. They are selfish, self centered people who only care about there wants. Yes WANTS not NEEDS.

As with a multitude of laws intended to protect people others see only how they can abuse them.

When loop wholes are abused new laws should be written.
 

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Gross.

This is why I believe the dog owners are the problem and call them idiots. They are selfish, self centered people who only care about there wants. Yes WANTS not NEEDS.
As with a multitude of laws intended to protect people others see only how they can abuse them.

When loop wholes are abused new laws should be written.

I think the original laws were written to help physically disabled people.
Many people now interpret the laws for requiring a dog (or horse) for help with their problems
 
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