Tightening the Leash on Service Dog Laws

Tightening the Leash on Service Dog Laws

The use of service dogs has been a growing trend over the last few years. No longer are service dogs employed solely by individuals with visual impairments. In today’s society, they are considered helpful to people with a number of different disabilities that may severely hinder the individual’s ability to function on a daily basis. Some of these disabilities are labeled invisible and therefore make it difficult for others to determine if the service dog is genuinely providing the person with assistance. The growing trend has created opportunities for some individuals, disabled or otherwise, to take advantage of the service dog laws put forth by the American Disability Act (ADA). Businesses have been cropping up claiming to provide service dog certification or identification for a fee. Those who are familiar with federal laws know that service dogs are not required to carry identification [1]. The rising number of service dog handlers and incidents of fraud lead the way to a new era in which the ADA should be modified to require certification of any service animal.

As the service dog trend continues to gain popularity among the general public, more and more disabled individuals are looking to have their family pet trained as a service dog. Bill Creasy, of Morrison City Tennessee, has been breeding and training working dogs for forty years. He also serves on the board of directors for Diabetes Alert Dog Alliance. He understands that it takes more than good breeding to select and train a working dog.

 “I have continued my education on training as it has changed in lots of ways over the years. The only thing that has not changed is the time it takes to train a service dog and/or working dog. Even with excellent breeding your chances are better but not guaranteed. A puppy must be tested to help your chances of training a good working dog. Once you have selected your puppy you can expect at least 18 months of everyday training to accomplish a good dog that is street ready [2].”

Yet according to the ADA, service dogs are not required by law to demonstrate any sort of aptitude training or certification [3]. The lack of certification makes room for any person to take their pet out in public and claim it is a service dog in order to obtain access to public areas dogs are otherwise not allowed. There have been quite a few incidents in the news where people have claimed their pets were service dogs so they could enter public facilities only to have them attack another dog or person. In 2008, a Pomeranian service dog was attacked by a larger dog while riding a crowded TriMet bus in Portland, Oregon. The smaller dog was killed during the incident. Neither wore identification [4].

Suppose it was a small child who grabbed an unsuspecting dog’s tail prompting it to react because the dog was poorly trained. Like all working canines, the job of a service dog can be stressful. It can require long hours, harsh conditions and the patience of a saint. Not all dogs or people can handle that kind of pressure or responsibility.

Proper certification and identification of a service dog may help to reduce the occurrences of fraud and aggressive episodes playing out in a public forum. Thus, certification promotes safety. It also helps to protect handlers and their canines from discrimination; a rising concern among the disabled community. The media is flooded with stories of discrimination against the disabled and their service animals. While some of these complaints may prove valid, some protestors could be among those taking advantage of the ADA laws. These kinds of complaints may keep business owners and patrons from speaking up about service dog fraud when protestors are left facing public character defamation and shame. There is without a doubt a large gray area to dispute this issue, leaving much of the population uncertain how to proceed. There is also a lack of education on both sides that creates the opportunity for anxiety and distain to flourish.

The disabled community is looking for independence. Service dogs can help to provide that for some people. Still, questions arise on whether or not all disabled individuals are capable of handling and caring for a working dog that has unrestricted access to the public. Some disabilities may cause people to be a threat to them or others and this aggression could easily transfer to their constant canine companions. Others may not be capable of taking on the financial responsibilities of a dog, leaving tax payers to pick up the tab. A properly cared for dog can cost upwards of $2,000 annually [5]. A disabled person may not benefit from having a service dog while others could, but may not want the responsibility. Proper education might assist potential handlers chose the best option for themselves and their families.

Meanwhile, the general public also continues to demonstrate ignorance regarding the laws surrounding the disabled and their working canines. With the no touch, no talk policies put in place by some handlers people have difficult time learning appropriate conduct towards them. Without suitable education the number of discrimination cases might continue to escalate.

As with any laws, the potential for abuse is prevalent. Yet the lack of proper training, certification and identification for service dogs and their handlers have raised too many concerns to be ignored. Modifications to state and federal laws could make a difference in the number of discrimination and fraudulent cases being exposed by the media. An amendment might make it easier to distinguish between legitimate working dogs and scams. This may pave the way for the laws to be enforced as they were intended. While some will discourage changes to them, most people would agree that by tightening the leash on the ADA laws it allows for certain safe guards for the future of the disabled community in addition to the general public.