Local paper is really stretching

[Rich Engelhardt]

Please read this before going any further:

https://www.wideopenpets.com/fake-se...-a-real-issue/

Then please read this before going any further:

https://www.wideopenpets.com/clearin...rvice-animals/


Optional - the ADA itself.
https://www.ada.gov/regs2010/service_animal_qa.html

The service dog and emotional support animal laws need to be clarified to eliminate the abuse.

They are simple..it's the social media & people that think they know, but, are really just guessing and spreading false or misleading information.

Worse yet, government regulations have the clarity of mud.

Not true...

As a landlord & as a member of a professional landlords association - LELA (Lake Erie Landlords Association), we stay very current on federal, state and local laws concerning this subject because - - the fines for violation can and do run into the tens of thousands of dollars for even the smallest violation. One woman was fined $30,000.00 two years ago because she answered a government ADA checker in an incorrect manner.

The law for legitimate service animals is extremely well defined. You are allowed to ask two questions and only two questions:
1.) Is that a service dog?
2.) What specific service does this dog provide.
(note - only dogs are legitimate service animals under the ADA)

The dog must be trained to provide a specific service to a disabled person.

Support animals, therapy animals, etc, do NOT qualify under the ADA. They are NOT permitted into a store, on a plane, in an apartment with a "No Pets" policy.
Only legitimate Service Animals are allowed that.

Prior to the rise of "social media", this was never really a problem. Now, it's become epidemic & the sheer amount of wrong and disinformation is staggering. Not a day goes by that I don't read some clown posting somewhere that all you need to do is put a "Support Animal" jacket on Fido or Fluffy the cat & you can tell a landlord to pound salt.


The association attorney has advised any member of LELA to immediately evict any tenant that tries to claim their "Therapy animal" is exempt from the "No Pets" policy. Several members have done so, charged the violators back rent for having a pet in violation of the lease and billed the violators for the remainder of the lease - if applicable. Cruel? No, not really. These people are making it very difficult for honest & legitimate service animals to function & their charges to find decent housing.


As a P.S. - the above applies to Ohio and the counties of Summit and Lorain and the Ohio cities of Munroe Falls, Cuyahoga Falls, Stow and Lorain.
Check your own state and local laws for what applies there.

[Perry Hilbert Jr]

Well sort of and not quite.
Good thing you put in the attorney exception that your post only applies in parts of Ohio. A different ball game in Pennsylvania. No limitation of what constitutes a service or support animal under state law. In fact the definition leaves things wide open for other species despite federal law being limited to dogs and miniature horses. But it is not found under animals, or permits or a normal place. It is included under the Pennsylvania Human Relations Act. And to make matters worse, Filthadelphia and Pittsburgh have enacted their own laws which in some cases are even broader then state law.

Citation: https://www.disabilityrightspa.org/w...cesFEB2018.pdf also written by an attorney for a state wide disability rights organization.

As it turns out your attorney may be wrong in Ohio as well. This from https://www.nolo.com/legal-encyclope...t-animals.html

However, another provision of Ohio law, in the Administrative Code that interprets the state’s civil rights laws, has a much broader definition of service animals—and this law also applies to public accommodations. Under the Administrative Code, people with disabilities may bring all “animal assistants” into places of public accommodation. An animal assistant is any animal that assists a person with a disability. The examples provided include a hearing dog, a guide dog, and a monkey that retrieves things. Because the definition of disability in the Administrative Code includes both physical and mental impairments, this provision of the law appears to include psychiatric service animals and animals trained to perform other services for those with disabilities.

[Bernie Kopfer]

[QUOTE=Adam Herman;2888657]Our dogs go to Home depot sometimes for an outing. our male heeler, Pip, was bit by another dog at home depot and the owner did not even know what happened until he was quickly and bluntly informed by my wife before i could get a word out myself. Pip is a registered Therapy dog, with the requisite training to be around people in medical facilities and public places.

People either steer clear of us or are attracted to our 120 lb Anatolian / Great Pyrenees mix. The staff usually give them treats.




So are you saying that in order for you to be emotionally capable of shopping at Home Depot you have to have Pip by your side? If that is not the case than taking a dog, particularly a large dog, into public places is quite possibly very inconsiderate of others who are afraid of dogs, are allergic to them, or any other valid reason.

[Perry Hilbert Jr]

Well sorta not quite. perhaps in Ohio. Under federal law, the term service animal is limited to dogs, and some very specially trained miniature horses. Under federal law, service animals must be trained to assist with a physical disability. A psychiatric or emotional animal, despite training, isn't covered.

But the law has been widened here. the Pennsylvania Human Relations Act, does not use the term service animal, it protects people's rights to "guide or support animals" with no further definition. Worse yet Filthadelphia and Pittsburgh have enacted their own wider versions of the ADA. I refer you to a memo written by an attorney for the Pa Disability Rights Assn. https://www.disabilityrightspa.org/w...cesFEB2018.pdf

As I very correctly stated, clear as mud.

[Perry Hilbert Jr]

Yes, the PA Disability Rights Assn has this on their web site: The PHRA (Pennsylvania Human Relations Act) does not use the term "service animal," but, "guide orsupport animal." There is no further definition of what this means. On thesurface, it does not appear to be limited to dogs or miniature horses andcould, conceivably, include other types of animals. Also, it is arguable thattherapy animals are "support animals" that may be protected by the PHRA.

[Bill Dufour]

Our dogs go to Home depot sometimes for an outing. our male heeler, Pip, was bit by another dog at home depot and the owner did not even know what happened until he was quickly and bluntly informed by my wife before i could get a word out myself. Pip is a registered Therapy dog, with the requisite training to be around people in medical facilities and public places.

People either steer clear of us or are attracted to our 120 lb Anatolian / Great Pyrenees mix. The staff usually give them treats.

your bias against pits is unfortunate. The anger should be directed at people who have pets and do not treat them with respect / train them.

we also believe that the regulations around service animals need to be tightened.


the

I have been a round a few well beahaved pits but for the most part folks here who have a pittbull know nothing about training a dog, or their children. They tend to be low life scum who are a little scary even without without the dogs. One step up from the local canners.
Bil lD
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[Jason Roehl]

From the 2010 ADA (currently ONLY enforced by lawsuit, FWIW):

Q7. What questions can a covered entity's employees ask to determine if a dog is a service animal?
A. 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.



Local and state regulations can be more permissive (or require better access for people with disabilities), but not less. If they are less permissive, they are superseded by the ADA.

[Bill Orbine]

While shopping with my father in the orange big box store a couple weeks ago, we saw a man with a service dog shopping. The dog was playfully grabbing at a new pair of gloves the man had taken off the shelf as they walked thru the aisles. Eventually the dog won possession of the gloves. Later we saw the gloves with the chewed up packaging laying on the floor ....man and dog nowhere to be seen. I didn't know what to think but I knew I wouldn't buy those gloves! That seems ridiculous, but there's is nothing I could do.

[Perry Hilbert Jr]

A real service dog would not be permitted to do that. But then again, I see human children riding bicycles down the aisles at Walmart, playing basketball and even racing the handicapped carts. Worse when the parents stand and watch. The local Dollar General, has a problem with a specific group of customers coming into the store and eating food and then returning the open packages to the shelves. They swarm into the store and branch out everywhere and two or three employees can't keep up. The people graze their way through and buy a dollar or two item so they can claim they are legit customers. I saw one, about 16 drink half a bottle of apple juice and put it back on the shelf. As soon as I motioned for the manager, a display mysteriously fell to the floor across the store and the kid bolted out the door. The number of opened and partially emptied food containers in their is amazing. Manager told me they invade her store about twice a month. Hit the others too. Once they got video cameras covering all the aisles, it stopped.

I have taken my dog to TSC infrequently. He has never touched anything on the shelves. I did not have to train him to stay away. he just does. He is so excited by all the new smells and people, I guess grabbing something is just not on his mind. He does love the attention from other people. He also seems to be able to tell the "non dog people" and gives them a wide berth.

[Al Launier]

I must live in a closet because I've not heard of an "emotional support pet"; a service dog yes & I support service dogs 100%.

However, after looking at these examples of abuse & literal interpretations for self advantage, it reminds me that there is no end to the extremes people will go to to take advantage of others.