Disabilities – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Service Dog Scam Artists Coming to a Restaurant Near You https://legacy.lawstreetmedia.com/blogs/service-dog-scam-artists-coming-restaurant-near/ https://legacy.lawstreetmedia.com/blogs/service-dog-scam-artists-coming-restaurant-near/#comments Tue, 24 Jun 2014 10:31:42 +0000 http://lawstreetmedia.wpengine.com/?p=18266

The first time I encountered a service dog I was working at a toy store in my hometown. She was an adorable English bulldog sporting a pink service dog vest. But to this day I still wonder if she was actually certified or not. I wonder because many dog owners have taken it upon themselves […]

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The first time I encountered a service dog I was working at a toy store in my hometown. She was an adorable English bulldog sporting a pink service dog vest. But to this day I still wonder if she was actually certified or not.

I wonder because many dog owners have taken it upon themselves to cheat the system by pretending their furry friends are service dogs, dressing them in service dog vests. The vests allow owners to bring their dogs almost anywhere, including restaurants, hotels, and airplanes. Take a look at this quick video testing the limits of service dog scamming:

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The investigation, conducted by Local News 10 in Miami, shows how easy it is for dog owners to gain admission to restaurants by simply uttering the words “service dog.” The video features two citizens who use seeing-eye dogs; they are horrified by  the scheming dog owners. But with fake certificates and vests obtained online, business owners can’t tell the difference and may face lawsuits if they ask more than the two questions outlined by the Americans with Disabilities Act:

  1. Is the dog a service animal required because of a disability?
  2. What work or task has the dog been trained to perform?

Because of these sneaky pet owners, people with disabilities who actually need the assistance of service dogs are facing the consequences. For example, seven-year-old Zachary Sorrells, who suffers from cerebral palsy and epilepsy, was not allowed to bring his service dog to school with him. The boy has been on seizure medication since he was 12 months old, but his service dog, Majesty, can detect seizures before he has them. With Majesty’s help, Zachary’s parents were able to wean him off the medication.

The Sorrells moved to Arkansas for a special children’s hospital for their son. When he began attending school in August, the Cabot School District told the family that Zachary could not bring Majesty to school with him. Later officials told the Sorrells that Majesty could accompany him with a handler present at all times. The handler would be an expensive burden on the family — $500 each month — so the Sorrells filed a complaint with the Office of Civil Rights.

An 8-year-old girl from Illinois is fighting a similar battle. Kellsey McGuire was diagnosed with epilepsy at 18 months old. Shortly after she began attending Sherrard Grade Day School in January 2014, Kellsey was forbidden to bring her service dog Jasper to school with her. In an interview with KWDC, Kellsey’s mother, Brandi, said her daughter has had up to 90 seizures in a day and Jasper helps them know when she is experiencing one. The family is currently seeking legal aid on the matter; their attorney says the school district violated the ADA.

Another large group of people who use service dogs are Veterans with PTSD and other disabilities. According to the U.S. Department of Veterans Affairs, service dogs and emotional support dogs may be helpful to those who have PTSD. The VA is currently conducting research “to determine if there are things a dog can do for a Veteran with PTSD that would qualify the animal as a Service Dog for PTSD.” Additionally, veterans who suffer physical injuries benefit from the assistance of trained service dogs in their day-to-day lives. Below is an image of Jeffrey Adams and his service dog Sharif, who responds to 40 different commands and carries out crucial tasks when he removes his prosthetic.

Would you continue cheating the system if you knew you were hurting the people who actually need their dogs for assistance in public places? I think it’s time for pet owners who selfishly dress their dogs in service vests to consider those who actually need service dogs. The ADA requires reform–the loophole is so large that anyone could label her dog a service dog. The government should crack down on the websites that provide fake certificates and vests for dogs.

Real service dogs take years to train; they respond to commands and help their owners with tasks from picking objects up to guiding their owners down the street. For some, their lives depend on their service dogs, and for others they rely on the dogs to complete tasks they could not otherwise complete. For the rest of the dog owners out there, keep your dogs where they belong and dress them how you like, so long as you stop mislabeling your pet as a service dog.

 

Featured image courtesy of [Found Animals Foundation via Flickr]

Natasha Paulmeno
Natasha Paulmeno is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends. Contact Natasha at staff@LawStreetMedia.com.

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Iowa Permits Blind People to Obtain Gun Permits. Seriously. https://legacy.lawstreetmedia.com/news/iowa-permits-blind-people-to-obtain-gun-permits-seriously/ https://legacy.lawstreetmedia.com/news/iowa-permits-blind-people-to-obtain-gun-permits-seriously/#respond Sat, 26 Oct 2013 05:17:17 +0000 http://lawstreetmedia.wpengine.com/?p=6609

Disclaimer: I am a very vocal advocate of stricter regulation of gun laws.  That does not mean that I do not respect the 2nd amendment (“right to bear arms”).  I absolutely do, and I respect the original point of view of the framers of the Constitution.  So does Justice Scalia; it’s called being an originalist. […]

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Disclaimer: I am a very vocal advocate of stricter regulation of gun laws.  That does not mean that I do not respect the 2nd amendment (“right to bear arms”).  I absolutely do, and I respect the original point of view of the framers of the Constitution.  So does Justice Scalia; it’s called being an originalist.  Now can we acknowledge that times have changed since the drafting of the Constitution?  That public safety should override, or at least be more strongly considered, in federal, state, and local legislative actions?  That sometimes there is a limit to how far a law can reach?

The backstory is simple: According to the Des Moines register, Iowa now grants permits to obtain guns to legally blind people.

Their reasoning is simple: it is legal and constitutional, pursuant to both the Gun Control Act of 1968 and the Americans with Disabilities Act.

The Gun Control Act of 1968 endeavors to regulate, and has for years regulated, who is able to obtain a license to carry a gun and the rules surrounding the ability to obtain a gun license.  The law provides that there are certain classes of people who are ineligible to be licensed gun owner.  These people include, but are not limited to, the following: criminals, a non-citizen of the United states; potentially dangerous people against whom restraining orders have been issued, and abusers of illegal substances or alcohol.  Not listed in this group of people banned from owning a gun license?  Blind people.

The Americans with Disabilities Act of 1990 seeks to protect those who for any reason may face unlawful discrimination due to a disability.  These disabilities include physical and mental disabilities like blindness, deafness, those in wheelchairs, and those with developmental issues.

Both of these federal laws serve important and necessary purposes for the protection of public safety and civil liberties.  The difficulty with this particular legal and legislative issue is the cross-section of the laws and their purposes.

In allowing the legally and completely blind to obtain gun licenses, Iowa is taking an important stand in the advancement of the ADA and the protection of the civil liberties of its citizens.

That being said, our nation has, in the last few years had significant problems with gun control, gun access, and disabilities (specifically mental health).  We’ve been down this slippery slope before.  Is anything catastrophically dangerous likely to happen if a legally blind person is carrying a gun they are legally licensed to have?  Probably not.  But what if a blind woman is in her home with her two children one night and an intruder enters?  What if the woman grabs her firearm and shoots in the direction of the perceived intruder, but instead fatally wounds her child?  Why are we not considering the repercussions of this law?  There needs to be more debate on this, and more possible scenarios considered, before the full enactment of the law.

[Des Moines Register, CNN, Fox News]

Featured image courtesy of [M Glasgow via Flickr]

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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