Your service dog is not welcome

Discussion in 'Off-Topic Forum' started by Marines_Wife, Oct 3, 2011.

  1. Marines_Wife

    Northstar24 The Tang Herder

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    While I generally agree with you Sarah, the fact is that this animal has been registered with the state as a service animal, if they felt it posed a danger, I'm sure it wouldn't have passed the necessary tests to be considered a service animal. I'd guess that if it acutally came down to it, the laws protecting a disabled person (and the use of their service animal) would be given more weight than those laws restricting a particular breed of animal.

    From what I understand from discussing this with a family member, there is quite a shortage of service animals, and its not like the person in question could just discard this one because it's a 'questionable' breed and exchange it for another one
     
    Northstar24, Oct 6, 2011
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  2. Marines_Wife

    SarahSmile :)

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    I understand, but the only thing that is concerning to me from a legal standpoint is; "Her doctors and the state of california recognize her dog as a service animal, but on the level of a psychological need. He is registered as a service dog."
    There are "therapy dogs" that are recognized as service dogs for their psychological uses and they are brought to hospitals and libraries for reading programs and such BUT may not be allowed in other public areas like malls, restaurants, etc, as they have not undergone the extensive training that those types of services dogs need to go thru and they are not needed for physical reasons.
    A friend of mine has golden, he is registered as a service dog because he participates in hospital therapy programs. He is not a physical help to her so he is not that type of service dog so she could not technically bring him to a restaurant and say, hey, it's ok, he's a service dog. You see the difference? Just pointing out some things that need to be examined for a legal case, that's all. Of course I want her sister to have her dog, especially as she struggles with her health. I cannot imagine not having my dogs...
     
    SarahSmile, Oct 6, 2011
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  3. Marines_Wife

    SarahSmile :)

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    Housing | Service Dog Central
    ""Some general guidelines on how disability law tends to deal with service animal issues (remember to consult a qualified attorney to learn whether these guidelines would apply in any given specific situation)
    In general:
    1. A landlord cannot require a pet deposit for a service animal. However, the owner of the service animal is liable for any damages caused by the animal above and beyond the normal wear and tear a human tenant might reasonably cause. This includes teeth marks on trim, carpet torn by a dog's digging, and carpet soiled by dog waste or vomit.
    2. A landlord might or might not be permitted to require a pet deposit for an emotional support animal.
    3. A landlord is permitted to require some sort of proof of disability as a condition of accommodation, and some sort of proof the animal in question is a trained service animal, though generally he cannot require certification per se.
    4. A landlord is permitted to exclude an animal, including a bona fide service animal, if the presence of the animal causes a fundamental alteration of the goods and services offered to other tenants. For example, a dog that nuisance barks keeping neighbors awake at night causes a fundamental alteration and may be banned from the premises, though the landlord should permit the human tenant to remain without the dog if the tenant so chooses.
    5. A landlord is permitted to exclude an animal, including a bona fide service animal, if the animal poses a direct threat. For example, an animal permitted to deposit fecal material in a common area where that material is not immediately cleaned, poses a health threat to people using that common area, particularly when the common area is where children might play on the ground. If the tenant is not able to clean their dog's waste area themselves, it falls on the tenant, not the landlord, to secure the services of someone to do the cleaning for them.
    A tenant's first step in dealing with a housing issue should be to write the landlord a letter requesting a reasonable accommodation. If the landlord fails to respond to the written request or refuses the accommodation, the tenant may choose to pursue the matter by filing a complaint with HUD or the U.S. Department of Justice""

    4 and 5 are what concern me. Landlords do have rights in many of these situations......
     
    SarahSmile, Oct 6, 2011
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  4. Marines_Wife

    bjohanson1234 .........

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    The thing is, just because it is a pit bull, doesnt mean it will do either of those two. The land lord will need proof that the dog is a nuisance or a threat. It cant be just because the land lord feels it is.
     
    bjohanson1234, Oct 6, 2011
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  5. Marines_Wife

    SarahSmile :)

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    I know, I know, I just wanted to bring to her attention what may or may not be used against them in the situation. It's best to be armed with information so you can be ready to fight, right? If you know that they can legally bring up point 4 and 5 you can have your witnesses and documentation to back up your side. Knowledge is power. It's one thing to say, hey, that's not fair, you should win! But, the truth is, the law isn't always fair and right doesn't always win. But, you can have a fighting chance if you know exactly what you're up against.
     
    SarahSmile, Oct 6, 2011
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  6. Marines_Wife

    Marines_Wife

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    This is what I have been able to find thus far

    Effective March 15, 2011, “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 handler´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.”
    Key changes include the following:
    1. Only dogs will be recognized as service animals.
    2. Service animals are required to be leashed or harnessed except when performing work or tasks where such tethering would interfere with the dog's ability to perform.
    3. Service animals are exempt from breed bans as well as size and weight limitations.
    4. Though not considered service animals, businesses are generally required to accommodate the use of miniature horses under specific conditions.
    Until the effective date, existing service animals of all species will continue to be covered under the ADA regulations.
    Existing policies that were clarified or formalized include the following:
    1. Dogs whose sole function is “the provision of emotional support, well-being, comfort, or companionship” are not considered service dogs under the ADA.
    2. The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.
    3. “The crime deterrent effects of an animal's presence” do not qualify that animal as a service animal and “an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal.”


    As far as I can tell if they try to do it, I am well within my rights (and I use the word *I* in place of my sister and all those that face these situations) to sue the crap out of them for breaking the law.
     
    Marines_Wife, Oct 6, 2011
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  7. Marines_Wife

    SarahSmile :)

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    I know, it's odd how it conflicts, cause if you click on housing on that site that's where it says the landlord can exclude an animal for various reasons. Hopefully you can find a good lawyer and a judge with some common sense! I wish you lots of luck. But, I just wanted to answer what you were originally saying, which was, have you ever heard of this and I just wanted you to know what you're up against...
     
    SarahSmile, Oct 6, 2011
    #27
  8. Marines_Wife

    Sharkie The Damsel Defender

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    No matter breed of dog there is NO discrimination against ANY breed of service dog here in the state of california.

    I currently own two service dogs-a hearing dog (for deaf/hard of hearing (me) people) and a search and rescue dog. Both are two different types of service dogs... both different breeds.

    The hearing dog is a lab/terrier/pit bull mix-she is the sweetest dog you will EVER meet. The SAR dog is a 80 lb (and still growing) bloodhound who is also a sweetie despite his massive size. If the owner of your place is trying to find a loophole in their system they are going to need witness proof to say that the dog is a nussiance. Are her neighbors aware she has a service dog? She could casually bring it up like "If you ever heard my dog barking it's probably a good idea to come check on me, it's his job to bark and alert people if something happens" that way neighbors are aware of hte dogs situation. Our hearing dog barks, a LOT but she can't be discriminated agasint because they are NOT PETS.

    If her dog passed the criteria to be classified and certified as a service dog there is NOTHING the landlord can legally do. We had to go through some different information becuase my fiance is currently looking into an apartment and the SAR dog would be going with him. Even though he's a dog and a HUGE dog he is not a pet according to his certification.... we take him to places like target and the mall all the time and they can't do anything about it. I would have her make the neighbors aware she has a service dog and most likely they won't be "persuaded" by the landlord (if anything happens) about saying something negative about the dog.
     
    Sharkie, Oct 7, 2011
    #28
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