Author Topic: Fraudulent service animal laws aren't being enforced  (Read 134 times)

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Offline responsiblek9

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Fraudulent service animal laws aren't being enforced
« on: November 17, 2017, 09:51:10 PM »
http://www.ktts.com/news/national/looking-into-fraudulent-service-dog-laws-around-the-country

Fraudulent service animal laws aren't being enforced
4:32 PM, Nov 17, 2017
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In order to keep animals and humans safe, 19 states and a number of individual cities have passed laws making it illegal claim a fake service dog. The penalty in most states is a fine.

However, it turns out the laws aren't being enforced
A thousand miles you walked with me ,
 Through the fields and streams
  Down many a lonely place, On darkened  paths and streets

Online Kirsten

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Re: Fraudulent service animal laws aren't being enforced
« Reply #1 on: November 18, 2017, 12:21:10 AM »
They're not being enforced because they can't be.  How do you determine whether a given animal is really a service dog or not?  You ask the two questions.  Fakers can learn what answers to give even easier than they can buy fake official looking paraphernalia to make themselves look legit at least on paper.

In most cases the only way these laws CAN be enforced is if the person is charged with something else, such as criminal tresspass, or failure to control a dangerous dog.  Your garden variety faker can often pull off the masquerade for literally years with a whole bunch of people suspecting they are faking but no one in a position to challenge their claims.

The faking problem isn't going to go away until we have a concrete way to legally identify legitimate service dog teams.  That means not until we have national certification, and that means not until the DOJ's regulation on whether certification can be required is overturned.

I really did think the incident with the six year old being killed and that closely followed by the dog in South Africa that attacked two preschoolers on two separate occasions would sort of being the match to set off the whole certification thing, but they didn't.  So I don't know what it's going to take.  What I'm worried about though is that because we are considered by society generally to be not only a very small minority but an unimportant one because so many of us are supposedly spongeing off society and not contributing that they'll simply avoid the problem by eliminating private trainers and owner trainers and going with ADI certification alone, which will not cost tax payers anything.

This is where many owner-trainers shoot themselves in the foot by steadfastly opposing certification of any kind, regardless of the very significant problem we're having with ill behaved dogs in public that impacts us all in the end.  People with program dogs stand a much better chance of still having access rights when the dust settles but they aren't the ones fighting standardized testing or certification.
Kirsten and Tardis
In loving memory of Cole (1/11/99 - 6/26/12)  He gave me back my life.

"The one absolute, unselfish friend that man can have in this selfish world -- the one that never proves ungrateful or treacherous -- is his dog." -George G. Vest

Offline SandyStern

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Re: Fraudulent service animal laws aren't being enforced
« Reply #2 on: November 18, 2017, 07:31:06 AM »
I'm working hard on this.  ADI has got its head firmly in the sand, so we've moved on and are trying to get consensus from federal grantee organizations charged with doing ADA training around the country. The thinking is evolving, but we may have to work with an independent credentialing organization. All SD trainers (those who charge) would have to be credentialed.  They would then certify teams they produced. Owner trained dogs or dogs trained by a professional (at no charge) would be evaluated and certified (or not) by one of the accredited trainers.

Once we've figured out what the system should look like, we'll get to the DOJ and lobby for regulatory change.

Offline ScootersMom

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Re: Fraudulent service animal laws aren't being enforced
« Reply #3 on: November 21, 2017, 08:57:17 PM »
Interesting discussion.
I hired a small business to train my dog and teach me to train him.  They actually looked at ADI membership and found out what a crock it was.  It meant they would be required to set up as a non-profit, rather than a small business, set up a board they would answer to, and ultimately charge more. 
The bad thing is that the military has decided ADI approved organizations are the ones to approvd. 

I'm not afraid to demonstrate my dog's behavior in public to someone,  much like you do to get a drivers license.  Just that the assessors would need to be all over the place, not just in a couple of places in each state.

Online Kirsten

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Re: Fraudulent service animal laws aren't being enforced
« Reply #4 on: November 21, 2017, 10:47:35 PM »
There are only two accreditation organizations available:  IGDF and ADI.  It's Congress who set up the requirement that the VA accept dogs from accredited programs and they didn't specify ADI nor does the military.  They're just the only one doing service dogs, since IGDF is only for guides.

Accreditation was included because that law was passed right after and in response to a six year old child being killed in military housing by a service dog trained by a private trainer.  Anyone can say they are a service dog trainer.  A consumer's options for determining whether they are competent are rather limited without an accreditation process and ADI stepped up to the plate to provide that.  Yes, it's unfortunate for for-profit businesses that they're geared toward charities, but that's because the vast majority of people who need a service dog couldn't afford to pay the full cost of training one and fundraising under the umbrella of a 501(c)(3) takes care of concerns potential donors might have about offering their support.
« Last Edit: November 21, 2017, 10:52:06 PM by Kirsten »
Kirsten and Tardis
In loving memory of Cole (1/11/99 - 6/26/12)  He gave me back my life.

"The one absolute, unselfish friend that man can have in this selfish world -- the one that never proves ungrateful or treacherous -- is his dog." -George G. Vest