Service animal law needs to be updated

[Angie]

I saw this on the news tonight and it illustrates the problem that is huge here in the San Francisco area.

Angie

http://abclocal.go.com/kgo/story?section=news/assignment_7&id=7551425

[Kirsten]

A LOT of misinformation in that article.  ESAs are not service animals right now.  That's not actually a change.  They're just making the language clearer because so many people became confused when the DOT said that ESAs were service dogs under the ACAA.  That's where we can trace all this mess back to.

[Keldrena]

I thought there was some city in Cali that gives ESAs public access rights, which is a horrible idea.

[Kirsten]

There are several in CA that do.  But the ADA never has.

[Angie]

Mmmm, I haven't specifically heard about the ESA being allowed, but the city has a big problem with it as does the rest of the Bay (I live across the bridge in the East Bay...where I have yet to encounter the service Chicken that apparently lives here, I've never seen a real chicken in my life) .

I about died when I saw the dog in the video bite the news reporter. Its why people are afraid of whatever dog comes in their store and I don't blame them. And then they are afraid of being sued if they tell them to leave.

I know that all the county requires is a note from a doctor that says they prescribe a dog and the county issues a tag saying the dog is a service animal. I've seen reports from SFACC (animal care/control) and they say they can not ask for any proof. They just take the letter as proof and you sign something saying your dog is a service animal and get issued a tag.

[responsiblek9]

   California law seems to recognize ESA's as service dogs. Even if the ADA does not .  So If they want to change it they probably will need to go with the state laws. or city laws.

[responsiblek9]

  I am still trying to get the news video to play. Which dog bit the reporter?? Curious..
Not good on a TV report demonstrating exactly the problem ....... Eeks.
 

[Kirsten]

The man with the ESA was putting food down for his dog on a newspaper laid out on the sidewalk.  As the reporter was interviewing him, the reporter held out the microphone to get his response.  I'm not sure the dog actually got his teeth into the reporter's arm, but he tried, and he meant it.  I think it was resource guarding over the food.

[responsiblek9]

 :trx:Looks like some kind of liquid something he put on the newspaper. That is very odd. there are things like collapsable dog bowls and stuff . never know what chemical is in the newpaper ink and such.. Sounds like the dog missed since i could hear the teeth clack together. Unless the dog nailed the microphone.  That ESA owner makes owner trainers look VERY bad. 

[Kirsten]

That ESA owner makes owner trainers look VERY bad.

Indeed.  But he's not actually unusual for an owner-trainer.  I've said before that among owner-trainers we have both the best and the worst, mostly with a big gap in between.  Some owner trainers are better than programs.  They know what they are doing and train to the customer's exact needs, and they also handle better than a program handler.  And most, sadly, don't know what a trained dog looks like.  They base their evaluations of training on pet dogs they've known, and often enough not even well trained pets.

Please note:  I did not say owner-trainers were inherently bad.  Just that a lot of them aren't qualified and aren't doing a good enough job.  There are bad program trainers too, but they tend not to stay in business.  Usually (there are exceptions even to that).

[responsiblek9]

 my opinion of the video--
 I loved seeing the sweet happy CCI dog work. Obvious he likes his job.
Was horrified over the ESA who snapped at the reporter. In my state that behavior would have gotten the dog labelled quick as a potentially dangerous dog and BYE BYE being out on a public street without a muzzle . But then Colorado does not recognize ESA's like California does.
Also keep in mind just last year Utah rescinded its access laws for ESA's . I wonder why.....
Guess they have been watching the California news?

Kinda bad when  the CCI official in the video did not KNOW that the ADA Title III does not cover ESA's.   CALIFORNIA created this mess by the STATE recognizing ESA's as service animals for public access  NOT the ADA. The DOJ has said over and over "comfort" is not enough regarding the ADA title III access laws.. Pulls hair out.

If they want this mess fixed they need to make it clear in the state laws that a  service dog must be trained to do a task or action to mitigate that is trained, not something a pet does just by it's normal nature and behavior. Just having the presence of a pet for comfort is not enough. But sounds like Califiornia erred on the side of permissive, blurring housing laws with access llaws .
 > refer to this : http://articles.sfgate.com/2004-10-19/news/17449741_1_dog-tags-assistance-dog-carl-friedman-director

2002 ruling by a state regulatory agency that gave people troubled by psychological and emotional problems the right to keep companion dogs and to exercise the legal benefits that go along with it.

Just about all it takes to get an assistance tag in California is a note from a doctor and a signed statement from the owner that the dog has been specially trained. That training, however, can be done by the owner and can be as simple as teaching the dog to wag a tail and lick a face if that's what it takes to make someone with a diagnosed depression feel better.

[Keldrena]

There are several in CA that do.  But the ADA never has.

I was truly hoping I had misunderstood.

One of the things I don't understand about all the misbehaving ESAs is if someone legitimately has disabling MI, it seems like a misbehaving dog would just be more stress. I don't claim to know everything about everyone's mental illnesses, becuase everyone is different, but I'd be a wreck if I had to worry about my dog biting someone, growling, etc. I guess I still do worry about those things, but not as much as I would with an untrained dog and I'm rather aware it's illogical.

I won't say I don't see badly behaved dogs around here, becuase I do, but I rarely ever see them in pet unfriendly places. The oddest place I saw a pet dog was during one of my college classes, but it just laid down and went to sleep. I suppose I should have said something, but it wasn't doing anything and I never saw the dog again.

[Smithcat]

Sgt. Herndon is the SFPD Officer in charge of the Vicious Animals Unit, and was featured in a video put out by GDUC and GDB in 2003 entitled "Safe Travel For Working Teams---Enforce The Law", which highlighted 3 Guide teams who had been attacked/harassed by pet dogs while out and about their normal business. One of the attacked Guides had to be retired because of the incident. He knows the law and what to do. The reporter in the story obviously doesnt know the law or what to do.
I left a comment on the story site.

[state_of_nowhere]

I love how the reporter makes the comment "so-and-so trained Midnight himself" and then the dog barks and lunges at the reporter.

[Spectrum]

There are bad program trainers too, but they tend not to stay in business.  Usually (there are exceptions even to that).

Yeah, a met a dog from such an exception last week 

Midnight's dog tag look more like a rabies tag, but I don't know what exactly the SD tags look like in California.

I love how the reporter makes the comment "so-and-so trained Midnight himself" and then the dog barks and lunges at the reporter.

Yeah, I think it was intentional, and I loved it too