County is making me get rid of my service dogs! :-(

[nyrangerfan]

I was wondering if anyone knew of any laws (specifically for Colorado) against restricting the number of dogs one can own who is disabled and is using them for service dogs.  Teller County said I had to apply for a "kennel permit" to own my dogs because I am over the county limit of 5.  I applied and attended a totally himiliating public hearing and was denied so I was told I had to get down to the limit or get fined.  I am disabled and use these dogs for therapy at home and abroad.

One Note:  I was told by the County not to bring up my disability before the commissioners which is the reason for having the dogs because it would become public record.  The appeal would cost too much for me to file since I am on limited income.  Is there any service that might provide legal assistance for a discount or free?

Can anyone help me?  Thanks in advance...Karen

[nyrangerfan]

My dogs are the main reason I am still alive today.  Now I've been told that I cannot keep them because I have more than 5 which is over the county limit.  I went through the whole process of filing for a "kennel permit" only to be denied.

I am legally disabled and my therapist knows how vital these dogs are to my survival yet I was told by the County not to share my disability during the application process otherwise it would become public record.  I don't know if it would have made any difference in the decision making process but it is the reason I have these dogs.

It seems as if it is too late now to do anything since the decision has been made.  I was told I could appeal but it would $630 to do so and I am on limited income.

I am so lost, angry and confused!  I feel totally taken advantage of because of my disability and there seems to be nothing I can do about it.

Thanks for listening...

[Kirsten]

Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals.

--US Department of Justice

So if they are for therapeutic reasons they would be considered emotional support animals, not service animals.  The difference is training.  A service dog is specially trained to perform tasks that the owner is unable to perform for themselves because of their disability, such as opening doors, picking up dropped items, etc.   It typically takes 18-24 months to fully train a service dog, and even then more than five would be an unreasonable exception.  Maybe two, if you needed two sizes to perform all the tasks necessary, but even that is pushing it.

A person with a disability would not be exempt from a restriction on the number of emotional support dogs they could own so long as they were allowed to own at least one.  One pet is enough to give emotional support, even if the person loves more than one.  Think about how it would be abused if there really was a law saying a person with a disability could keep as many as they wanted.  Hoarders would be unstoppable.

If you want to find an attorney, I suggest contacting your state's bar association.  But be aware the attorney will probably cost you more than the kennel license since they typically bill at about $150/hour.

Your situation is really sad, but I don't think what they are doing is illegal.  I'm sorry.

[Kirsten]

Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals.

--US Department of Justice

So if they are for therapeutic reasons they would be considered emotional support animals, not service animals.  The difference is training.  A service dog is specially trained to perform tasks that the owner is unable to perform for themselves because of their disability, such as opening doors, picking up dropped items, etc.   It typically takes 18-24 months to fully train a service dog, and even then more than five would be an unreasonable exception.  Maybe two, if you needed two sizes to perform all the tasks necessary, but even that is pushing it.

A person with a disability would not be exempt from a restriction on the number of emotional support dogs they could own so long as they were allowed to own at least one.  One pet is enough to give emotional support, even if the person loves more than one.  Think about how it would be abused if there really was a law saying a person with a disability could keep as many as they wanted.  Hoarders would be unstoppable.

If you want to find an attorney, I suggest contacting your state's bar association.  But be aware the attorney will probably cost you more than the kennel license since they typically bill at about $150/hour.

Your situation is really sad, but I don't think what they are doing is illegal.  I'm sorry.

[hopesclan]

Why do you need more than 5 service dogs to assist you with your disability?

[labs4ever]

I am sorry to say this but I agree with Kirsten.   It is really hard to give up animals, but looking for a positive lining here, if you give up  enough to be  in the limmit perhaps you can develope an even stronger bond with the current dogs you have.   I am sorry  too.   

[jesirose]

I am sorry to say this but I agree with Kirsten.   It is really hard to give up animals, but looking for a positive lining here, if you give up  enough to be  in the limmit perhaps you can develope an even stronger bond with the current dogs you have.   I am sorry  too.   

Agreed again. I've had to rehome a dog before - I think probably a ton of people here would know what that's like. But it sounds like it's what needs to be done if you can't move somewhere else.

I don't think anyone needs more than 5 service dogs - or even 5. 1 SD, and an SDiT if the SD is close to retiring. Other than that, they're pets.

[Roxie]

Hey ny!  Happy you are here!

I, too agree with Kirsten. No one needs 5 dogs for any purpose unless you are herding 500 sheep, or mushing for a living. Or lives in an area with no dog limits!

From your description, your dogs aren't Service Dogs... they are Emotional Support Animals.

A few times in my life I have been over the dog limit, too, and have had to cull my herd. It hurts for a short time... but life goes on.

Transfer some of the co-dependence on a belt buckle, ball cap, special coin or rock... something you can hoard without legal consequences!

So! How many dogs can you have?

Roxie

[Roxie]

No one is taking any advantage of you because you are disabled.

Are you expecting to not be held to the laws of your county because you have a disability?

You can always move. (I know that is a hassle)

Stop focusing on being victimized, and focus on what needs to be done to move onward and upward.

Your dogs are not the reason you are alive today. Your personal choice, strength, and determination is why.

I lost Sara in June. No. Sara died. I dd not lose her - I know where she is. I swear every night still as I cry briefly and talk to my SD that I don't think I can make it another breath without her. I had her for 13 years. But, Tay puts his prick ears down like a Lab, and sniffs and licks my tears, wagging his tail just killing my beaded curtains, while I spend 2-3 minutes being tearful. Then I get up and go find something productive to do, and Tay goes back to looking like a Terv.

Being faced with losses is very scarey and dificult to cope with. Use your therapist and coping skills. Choose the very best home you can find. You are in control of the environment some of your dogs will end up in. So, focus on aking it the best.

Roxie   

[responsiblek9]

 
Which county are you in?
Usually it is the front range counties with the bigger cities that are weird about dog limit laws.
I can't think of a single way to justify having 5 service dogs for one person. And there have been plenty of cases across the US where people have lost, claiming they needed a whole bunch of dogs to assist them when they were confronted by a city or county about having more than the  number allowed.. . .
The 20 chihuahuas case comes to mind. 
I don't know why you were advised to not mention the disability by the county except that it made it easier for them to enforce the dog limit laws. .  When  you go to get a free county license , under the state law exemption from license fees for service dogs. They can and will ask about the disability. And they ask for some kind of proof it is a service dog ( docs letters,and ask what tasks the dog is trained to do, etc).
That is public record.


 

[labs4ever]

I would also say  feel lucky you can have five dogs,  in my town in Colorado  the limit is three.   (I only need one anyway) but  at least you don't have to  widdle it down to three,  so in a way you get to keep two extra dogs.  And I agree with everyone else that has said they are ESA's rather then SD's.   Good luck!

[Spectrum]

Here the limit is 4 dogs, and no more than I think 3 species of animal (we currently have 4 dogs and 2 cats in the household). But kennel licenses are also handed out like candy around here. At $150 a pop they LOVE when people get kennel licenses. There has to be something very wrong for them not to give one. They also don't really enforce animal laws that well. There's a hoarder that I've been trying to report for years (5+ dogs and 60+ cats) but nobody seems to care. I have to admit she's getting better...she found a stray today and is actually looking for its home. Anyway, I wandered off topic. 

I agree that 5+ "service dogs" is unreasonable, and these are ESAs anyway. I have one ESA and one SDiT, and I'm worried about finding housing with just them when I move.

How many dogs do you need to rehome to get to the limit? The reason I ask is that the other forum I'm on has a talent for helping find homes for dogs in need, and ways of transporting them there. There are a lot of people in CO/KS/OK that a transport chain isn't out of the question. PM me if you'd like help.

[Spectrum]

Can a mod maybe combine this topic with this one: http://servicedogcentral.org/forum/index.php/topic,11149.msg73895.html#msg73895

It's kind of confusing having two for the same thing...I actually just now caught on that there are two separate topics.

[Roxie]

Karen -

You seem to be trying to pull wool over a lot of people's eyes where you live and visit abroad.

You don't have Service Dogs... in fact, based on your statements, I can't see that you have even one Service Dog.

Having a mental illness diagnosis does not = being disabled.

It seems all you have are a bunch of pet dogs you are fond of and not willing to follow the dog laws in your area.

So, what tasks does each dog do to mitigate your disability?

Roxie
<becoming very sceptical>

[Roxie]

I forgot to mention:

You would have to apply for Legal Aid in your region. Sometimes the state bar association has a list of pro-bono attorneys who will take short and sweet cases without fees.

But, I don't feel you have a leg to stand on to keep dogs in excess of Teller County's more than generous dog limit.  Service or Emotional Support Dogs can be 1, maybe 2 dogs. The rest are just pets. Be thankful you can keep 5 & quit grumbling wrong is being done to you because you are disabled.

Roxie