View Full Version : Florida lawmakers working on bill to limit support of emotional support animals.
graciegirl
12-02-2019, 09:05 AM
bill in florida house to limit use of emotional support dogs. - Bing (https://www.bing.com/search?q=bill+in+florida+house+to+limit+use+of+emo tional+support+dogs.&form=EDGHPT&qs=PF&cvid=ef6f931daee54f509f306b8af95f1dff&refig=348921da96b84f0e9bd390ba5c0e790d&cc=US&setlang=en-US&elv=AXK1c4IvZoNqPoPnS%21QRLONN0k6rL8Xv*YXCevHciyQ7 6fR9nt8uuwDjH8i3QGGAnClcOX*7qhAsHbDkklBdq2HJCgqunR CjTGA9XGQCituj&plvar=0&PC=DCTS)
What is your view on this subject. Please don't get political.
billethkid
12-02-2019, 09:28 AM
I think the emotional support dog use needs more stringent approval/recognition.
Just like the approval for use of handicap placards and golf accommodation sleeves is very abused, emotional support animal use is abused as well.
Bay Kid
12-02-2019, 09:32 AM
For almost all older dog owners they are emotional support. Should they all be allowed into restaurants and other food stores?
ckcapaul
12-02-2019, 09:37 AM
I have no problem with a service dog going where it needs to. But too many are claiming "emotional support animal" just to take a pet with them.
Challenger
12-02-2019, 09:42 AM
Those who are claiming support status for their favorite pet , without valid reasons are actually thieves. They steal the respect for actual support animals and are creating a backlash that will end up hurting the use and access of "real" support animals.
Taltarzac725
12-02-2019, 09:43 AM
I have no problem with a service dog going where it needs to. But too many are claiming "emotional support animal" just to take a pet with them.
Saw two chihuahuas coming out of a Villages' movie theater a few weeks ago. They looked to be claimed as support pooches. I do not know more of the story though. On leashes, of course, with a couple who did look they were moving kind of slow.
If the dogs have been very well trained and are good around other people and dogs I do not see what is the big problem.
And even with a law there are going to be those who think that the law does not apply to them.
RedChariot
12-02-2019, 10:16 AM
For almost all older dog owners they are emotional support. Should they all be allowed into restaurants and other food stores?
NO!!!
New Englander
12-02-2019, 10:37 AM
For almost all older dog owners they are emotional support. Should they all be allowed into restaurants and other food stores?
No!
EdFNJ
12-02-2019, 12:04 PM
Agreed and keep their smelly emotional support butts off the chairs and tables that people have to sit on and eat on too. So rude and unsanitary.
OrangeBlossomBaby
12-02-2019, 01:06 PM
An "emotional support" animal is not considered a service animal in the legal sense, and therefore owners of emotional support animals do not enjoy ANY of the additional rights of owners of service animals. They are considered, legally, equal to pets. If a store says no pets, then that means no emotional support animals either.
There is nothing stopping any establishment from ordering someone with an "emotional support animal" to bring that animal outside. They are not a protected class. And so I don't think any new restrictions need to be made or enforced. Business owners need to enforce the rules that already exist. If their policy is "service animals only" then they need to tell folks with "emotional support animals" that they - but not their animal - is welcome into the store. Period.
CFrance
12-02-2019, 01:34 PM
An "emotional support" animal is not considered a service animal in the legal sense, and therefore owners of emotional support animals do not enjoy ANY of the additional rights of owners of service animals. They are considered, legally, equal to pets. If a store says no pets, then that means no emotional support animals either.
There is nothing stopping any establishment from ordering someone with an "emotional support animal" to bring that animal outside. They are not a protected class. And so I don't think any new restrictions need to be made or enforced. Business owners need to enforce the rules that already exist. If their policy is "service animals only" then they need to tell folks with "emotional support animals" that they - but not their animal - is welcome into the store. Period.
The law needs to be reworked to require actual proof that a dog is a trained service dog (not emotional support animal). There are too many ways to get around the law right now, because there is no one "certification" process nationally imposed. I believe the groups who train service dogs to help the disabled ought to have to obtain certificates of proof that could not be duplicated easily. These certificates could then be required to be shown when service dogs are entering establishments or traveling by plane or train. It would not break the ADA law, because the dog owner would not be required to state his disability. But that needs to be written into the current law.
The other thing that is needed is more education for the business owners on what constitutes a service dog, what doesn't, and what their responsibilities are under the law. I know some business owners around TV, including a certain large part of TV, who are just plain afraid to confront an owner, and so they go overboard the other way in allowing dogs that they don't have to.
Some airlines have banned emotional support animals from flying. Others are requiring proof of training. They are obviously knowledgeable about the law.
OrangeBlossomBaby
12-02-2019, 01:40 PM
The law needs to be reworked to require actual proof that a dog is a trained service dog (not emotional support animal). There are too many ways to get around the law right now, because there is no one "certification" process nationally imposed. I believe the groups who train service dogs to help the disabled ought to have to obtain certificates of proof that could not be duplicated easily. These certificates could then be required to be shown when service dogs are entering establishments or traveling by plane or train. It would not break the ADA law, because the dog owner would not be required to state his disability. But that needs to be written into the current law.
The other thing that is needed is more education for the business owners on what constitutes a service dog, what doesn't, and what their responsibilities are under the law. I know some business owners around TV, including a certain large part of TV, who are just plain afraid to confront an owner, and so they go overboard the other way in allowing dogs that they don't have to.
Some airlines have banned emotional support animals from flying. Others are requiring proof of training. They are obviously knowledgeable about the law.
State law can't be changed to require proof of certification, because the federal law expressly forbids it.
This is from the ADA's website. ADA 2010 Revised Requirements: Service Animals (https://www.ada.gov/service_animals_2010.htm) Bold/underlined mine, for emphasis:
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two 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 cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
CFrance
12-02-2019, 01:54 PM
State law can't be changed to require proof of certification, because the federal law expressly forbids it.
This is from the ADA's website. ADA 2010 Revised Requirements: Service Animals (https://www.ada.gov/service_animals_2010.htm) Bold/underlined mine, for emphasis:
I wasn't talking about state law; I was talking about federal law, and specifically the part that states businesses are not allowed to ask for documentation of a dog's training. I believe this is a mistake and is leading to fraud on the part of pet owners.
Edjkoz
12-02-2019, 02:08 PM
An "emotional support" animal is not considered a service animal in the legal sense, and therefore owners of emotional support animals do not enjoy ANY of the additional rights of owners of service animals. They are considered, legally, equal to pets. If a store says no pets, then that means no emotional support animals either.
There is nothing stopping any establishment from ordering someone with an "emotional support animal" to bring that animal outside. They are not a protected class. And so I don't think any new restrictions need to be made or enforced. Business owners need to enforce the rules that already exist. If their policy is "service animals only" then they need to tell folks with "emotional support animals" that they - but not their animal - is welcome into the store. Period.
I wish places would enforce this more. Service dogs, yes. Emotional support dogs, no
OrangeBlossomBaby
12-02-2019, 02:15 PM
I wasn't talking about state law; I was talking about federal law, and specifically the part that states businesses are not allowed to ask for documentation of a dog's training. I believe this is a mistake and is leading to fraud on the part of pet owners.
Ah. I agree then. The thread started as an inquiry about Florida state law, and Antone wanting to introduce a bill that allows restrictions on emotional support animals (at least I think that's what it was, I don't EVER use Bing and would never click on a bing search result link). I google searched the wording in the OP's title and came up with only one article on the first page that was recent, and about the topic of Florida emotional support animal laws.
I feel that there needs to be some kind of tag, that would come with a HUGE penalty if used fraudulently. Worn on the collar of the animal.
I feel the state laws need to enforce the "4 on the floor" restrictions - if it's in a stroller, baby carriage or doggy-buggy, or in the arms of its owner, then it is not "on duty" and is therefore a pet, not a therapy/support/whatever animal at that time.
The leash needs to NOT be retractable - no exceptions. I don't care if it's in the locked position. An ACTUAL therapy/service/support animal would not be on duty, with one of those leashes, and the owner would be trained to never use them.
The animal should not be allowed more than a certain distance from its owner, in public, period.
The owner should not permit anyone to touch their service animal when it's on duty, except in emergencies (like if the dog got injured and needed to be carried to the hospital).
If any of these things are not happening, then it is clearly NOT on duty, regardless of what the owner claims. If it's not on duty, then it is acting as a pet. And should be treated as such by the establishment.
retiredguy123
12-02-2019, 02:45 PM
bill in florida house to limit use of emotional support dogs. - Bing (https://www.bing.com/search?q=bill+in+florida+house+to+limit+use+of+emo tional+support+dogs.&form=EDGHPT&qs=PF&cvid=ef6f931daee54f509f306b8af95f1dff&refig=348921da96b84f0e9bd390ba5c0e790d&cc=US&setlang=en-US&elv=AXK1c4IvZoNqPoPnS%21QRLONN0k6rL8Xv*YXCevHciyQ7 6fR9nt8uuwDjH8i3QGGAnClcOX*7qhAsHbDkklBdq2HJCgqunR CjTGA9XGQCituj&plvar=0&PC=DCTS)
What is your view on this subject. Please don't get political.
In my opinion, whatever law Florida passes, it won't be effective for dogs or small horses because almost anyone can claim them as a "service animal". And, the Federal ADA law makes it virtually impossible to prevent someone from bringing a dog or horse almost anywhere, if the owner claims it to be a service animal. No proof or documentation is required. However, a State law could be effective for animals other than dogs and horses.
JimJohnson
12-02-2019, 02:56 PM
Take a Xanax and leave the darn dog at home. I love dogs, but I do not wish to see one slobbering at the table next to ours.
tophcfa
12-02-2019, 02:57 PM
Something needs to be done to change the Federal ADA law. My brother is legally blind and is on his third highly trained seeing eye dog. He could not get around without his dog, and his dogs have more than once saved his life by pulling him away from oncoming traffic (blind people can’t hear those dam electric vehicles approaching). Until the last couple of years no one has ever questioned his seeing eye dog and they have always been welcome at all public places. More recently he is frequently questioned and some places have tried to deny them access. This is because all the people with fake service dogs have managed to deledgitimentize acceptance of real service dogs. In my opinion people who try to pass fake service dogs as being ledgitiment should be punished as criminals.
graciegirl
12-02-2019, 03:05 PM
State law can't be changed to require proof of certification, because the federal law expressly forbids it.
This is from the ADA's website. ADA 2010 Revised Requirements: Service Animals (https://www.ada.gov/service_animals_2010.htm) Bold/underlined mine, for emphasis:
lawyers for the ada are scamming businesses. - Bing (https://www.bing.com/search?q=lawyers+for+the+ada+are+scamming+business es.&form=EDGHPT&qs=PF&cvid=8b71077681104155b9a1b97b368a561c&cc=US&setlang=en-US&elv=AQj93OAhDTi*HzTv1paQdngD1orVNjOWYcAuK4UkHfOYff sA8P0qdxOk6BDVuFQohwWHnpqhzfinnrhDXDraz%21%21AxiZ% 21DgZc7hGUSJQ5O7PF&plvar=0&PC=DCTS)
Rapscallion St Croix
12-02-2019, 03:08 PM
I think the only emotional support animal that should be allowed is a shmoo.
A shmoo is shaped like a plump bowling pin with stubby legs. It has smooth skin, eyebrows, and sparse whiskers—but no arms, nose, or ears. Its feet are short and round, but dexterous, as the shmoo's comic book adventures make clear. It has a rich gamut of facial expressions and often expresses love by exuding hearts over its head. Cartoonist Al Capp ascribed to the shmoo the following curious characteristics:
They reproduce asexually and are incredibly prolific, multiplying faster than rabbits. They require no sustenance other than air.
Shmoos are delicious to eat, and are eager to be eaten. If a human looks at one hungrily, it will happily immolate itself—either by jumping into a frying pan, after which they taste like chicken, or into a broiling pan, after which they taste like steak. When roasted they taste like pork, and when baked they taste like catfish. Raw, they taste like oysters on the half-shell.
They also produce eggs (neatly packaged), milk (bottled, grade-A), and butter—no churning required. Their pelts make perfect bootleather or house timbers, depending on how thick one slices them.
They have no bones, so there's absolutely no waste. Their eyes make the best suspender buttons, and their whiskers make perfect toothpicks. In short, they are simply the perfect ideal of a subsistence agricultural herd animal.
Naturally gentle, they require minimal care and are ideal playmates for young children. The frolicking of shmoos is so entertaining (such as their staged "shmoosical comedies") that people no longer feel the need to watch television or go to the movies.
Some of the more tasty varieties of shmoo are more difficult to catch, however. Usually shmoo hunters, now a sport in some parts of the country, use a paper bag, flashlight, and stick to capture their shmoos. At night the light stuns them, then they may be whacked in the head with the stick and put in the bag for frying up later on.
graciegirl
12-02-2019, 04:51 PM
I think the only emotional support animal that should be allowed is a shmoo.
A shmoo is shaped like a plump bowling pin with stubby legs. It has smooth skin, eyebrows, and sparse whiskers—but no arms, nose, or ears. Its feet are short and round, but dexterous, as the shmoo's comic book adventures make clear. It has a rich gamut of facial expressions and often expresses love by exuding hearts over its head. Cartoonist Al Capp ascribed to the shmoo the following curious characteristics:
They reproduce asexually and are incredibly prolific, multiplying faster than rabbits. They require no sustenance other than air.
Shmoos are delicious to eat, and are eager to be eaten. If a human looks at one hungrily, it will happily immolate itself—either by jumping into a frying pan, after which they taste like chicken, or into a broiling pan, after which they taste like steak. When roasted they taste like pork, and when baked they taste like catfish. Raw, they taste like oysters on the half-shell.
They also produce eggs (neatly packaged), milk (bottled, grade-A), and butter—no churning required. Their pelts make perfect bootleather or house timbers, depending on how thick one slices them.
They have no bones, so there's absolutely no waste. Their eyes make the best suspender buttons, and their whiskers make perfect toothpicks. In short, they are simply the perfect ideal of a subsistence agricultural herd animal.
Naturally gentle, they require minimal care and are ideal playmates for young children. The frolicking of shmoos is so entertaining (such as their staged "shmoosical comedies") that people no longer feel the need to watch television or go to the movies.
Some of the more tasty varieties of shmoo are more difficult to catch, however. Usually shmoo hunters, now a sport in some parts of the country, use a paper bag, flashlight, and stick to capture their shmoos. At night the light stuns them, then they may be whacked in the head with the stick and put in the bag for frying up later on.
I have a feeling your mother's hair turned gray early. Me. I enjoy your humor. Merry Christmas Rap.
New Englander
12-02-2019, 04:55 PM
I wish places would enforce this more. Service dogs, yes. Emotional support dogs, no
:agree:
JSR22
12-02-2019, 05:14 PM
One of the biggest problems with the ESD they are taking up space in plane cabins. There are x number of dogs allowed in the cabin. They could be taking the space of a true service dog. The ESD are a hot button for me.
retiredguy123
12-02-2019, 05:30 PM
I remember when they had "smoking" sections on airplanes and in restaurants. Maybe it's time for "service and/or support animal" sections. That "may" not violate the Federal ADA law.
CFrance
12-02-2019, 09:10 PM
Ah. I agree then. The thread started as an inquiry about Florida state law, and Antone wanting to introduce a bill that allows restrictions on emotional support animals (at least I think that's what it was, I don't EVER use Bing and would never click on a bing search result link). I google searched the wording in the OP's title and came up with only one article on the first page that was recent, and about the topic of Florida emotional support animal laws.
I feel that there needs to be some kind of tag, that would come with a HUGE penalty if used fraudulently. Worn on the collar of the animal.
I feel the state laws need to enforce the "4 on the floor" restrictions - if it's in a stroller, baby carriage or doggy-buggy, or in the arms of its owner, then it is not "on duty" and is therefore a pet, not a therapy/support/whatever animal at that time.
The leash needs to NOT be retractable - no exceptions. I don't care if it's in the locked position. An ACTUAL therapy/service/support animal would not be on duty, with one of those leashes, and the owner would be trained to never use them.
The animal should not be allowed more than a certain distance from its owner, in public, period.
The owner should not permit anyone to touch their service animal when it's on duty, except in emergencies (like if the dog got injured and needed to be carried to the hospital).
If any of these things are not happening, then it is clearly NOT on duty, regardless of what the owner claims. If it's not on duty, then it is acting as a pet. And should be treated as such by the establishment.
Agree, all of it.
Fredman
12-02-2019, 09:33 PM
I like the one that say support dog in training. What a joke
village dreamer
12-02-2019, 11:33 PM
at johnny rockets a owner let his dog lick his dish clean
l2ridehd
12-03-2019, 06:39 AM
It's a problem where many feel the law does not apply to them. They steal from everyone else. This applies to fake support dogs, fake service dogs, many people who retain the handicap parking pass when no longer needed and those that have fake special accommodation golf cart status.
If folks really have these because they require them than I support their rights 1000%. Those that are gaming the system and abusing the privilege should somehow be severely punished. And I know folks who are abusing this and think it's OK. And I do let them know exactly how I feel. A face to face "your scamming the system" confrontation.
I know a doctor who get a handicap parking pass for a legitimate reason. Then the reason was corrected. He still uses it on a regular basis. And I call him on it every time I see the abuse. He drives to the golf course, parks in a handicap spot, takes his golf bag from his car and walks and carries his bag for 18 holes of golf. To me that is unacceptable.
snorkey1
12-03-2019, 07:03 AM
I do not like to see a dog by the deli counters. I have seen a cat and big dogs in deli areas, the dog was shaking his head and body (as if it
just had a bath) hair was flying everywhere. I immediately told a clerk. I was told they have no right to ask questions regarding
service animals. If one animal is allowed all animals are allowed. You can buy a service vest with papers on internet for about $10.00.
THE LAWS APPLY TO ALL.
retiredguy123
12-03-2019, 07:11 AM
Yes, you can buy a service vest, but the ADA law doesn't even require a vest. You can even self-train your dog, and it becomes a legal service animal.
Bay Kid
12-03-2019, 07:29 AM
at johnny rockets a owner let his dog lick his dish clean
Now that is just gross. What is wrong with people?
karostay
12-03-2019, 07:29 AM
Same old story a few ruin it for all They have to pass legislation and hopes it curbs abuse
IUFAN
12-03-2019, 07:43 AM
I can see where some company is needed such as a pet especially if living alone. But, taking a animal into a restaurant should not be allowed where people are eating or shopping for groceries. There was a story in the paper some time ago about a pony being brought into a first watch restaurant. The manager was told this is for emotional support. I am sorry but I would have gotten up and left no matter what stage of eating I was in. Where does it end? Bottom line …. I believe no animals should be in restaurants and stores. I believe this emotional thing is being taken advantage of.
justjim
12-03-2019, 08:21 AM
I’m all in for an “emotional animal support law” that is fair and protects public health. Obviously, there are many abuses which have been pointed out in this thread. It’s not about dogs but about people.
graciegirl
12-03-2019, 08:52 AM
I love cats and dogs. We have two kitties, Mikey 17 and Bootsie 3. We so enjoy our friends puppies and Lucy and Crosby are two very dear to us.
I do think that people sometimes don't have good sense about their loved furry companions and often act selfishly about them. Just as people these days are not having reasonable rules and expectations for their children.
We tried to raise our children and handle our pets so that everyone who knew them would love them too.
Finally!! This has gotten out of control. I have been in a buffet restaurant where the owner feed the dog under the table! I was in another restaurant where the dog was actually eating and licking food right on the table!! One time I was in the airport waiting for my flight and two dogs really got into a very bad fight, barking, biting, yelping etc. but I am sure they were "trained" service dogs. I was recently on a flight where the very large golden retriever in row in front of me was sprawled out across the aisle and everyone had to step over the dog the entire flight. As passengers we are not even allowed to put anything at the foot of our seat unless it is all the way under the seat in front of us, but there you go, dog in the aisle is ok!! Don't even get me started on dogs and cleanliness in the grocery store! PLEASE do something.
Travelingal702
12-03-2019, 11:08 AM
Legally, emotional support animals are NOT allowed into food establishments; meaning restaurants and food stores. People can buy "certification" papers on line and all too many are doing this. Also, it's ILLEGAL to say your animal is a service dog. But that doesn't stop people from doing it. I wish the managers would have the courage to ask the people with emotional support animals to leave the premises. But it boils down to the almighty dollar, doesn't it?
mjdollard
12-03-2019, 11:19 AM
My wife was in the Winn Dixie at Pinellas and watched as a woman with a foo-foo dog in her purse got a salad from the salad bar. As the woman bent over the purse dropped down and the dog was eating meat out of one of the trays. This was reported to the (busy) service desk but it did not appear that anything was done.
Woodbutcher
12-03-2019, 11:19 AM
Legally Certified service dogs should be allowed anywhere their support person goes.
NO dog or other animal should be allowed on tables or chairs in restaurants or in shopping carts of ANY kind, whether grocery carts or shopping in Lowes', etc.
People should consider where their animal walks and uses the bathroom. I don't want their germ-laden feet or dander in any cart I may chose to use.
retiredguy123
12-03-2019, 11:49 AM
Legally, emotional support animals are NOT allowed into food establishments; meaning restaurants and food stores. People can buy "certification" papers on line and all too many are doing this. Also, it's ILLEGAL to say your animal is a service dog. But that doesn't stop people from doing it. I wish the managers would have the courage to ask the people with emotional support animals to leave the premises. But it boils down to the almighty dollar, doesn't it?
What law are you referring to when you say it is "illegal" to say your animal is a service dog? As I understand the Federal ADA law, anyone can self-train a dog to perform a task and then self-certify that the dog is a service animal. No other certification is required. Also, no documentation is required. There are only 2 questions that someone can ask about the dog. Is the dog a service animal? And, what task has it been trained to perform? That is the problem with the ADA law.
Velvet
12-03-2019, 11:53 AM
What law are you referring to when you say it is "illegal" to say your animal is a service dog? As I understand the Federal ADA law, anyone can self-train a dog to perform a task and then self-certify that the dog is a service animal. No other certification is required. Also, no documentation is required. There are only 2 questions that someone can ask about the dog. Is the dog a service animal? And, what task has it been trained to perform? That is the problem with the ADA law.
What a hock! imagine if that’s how we got our driver’s license. But, officer ... I’m self certified....
l2ridehd
12-03-2019, 12:15 PM
What law are you referring to when you say it is "illegal" to say your animal is a service dog? As I understand the Federal ADA law, anyone can self-train a dog to perform a task and then self-certify that the dog is a service animal. No other certification is required. Also, no documentation is required. There are only 2 questions that someone can ask about the dog. Is the dog a service animal? And, what task has it been trained to perform? That is the problem with the ADA law.
You need to go read the ADA because that statement is just not factual.
dadspet
12-03-2019, 12:17 PM
Sorry if I sound like a scrouge but I have to voice my opinion which I think is also the opinion of many of the quite majority. More and more people are abusing emotional support and more of us should take issue with it. I don't like or want a dog next to me in a movie or clearly in a restaurant or airplane. I have no issue at all with real service dogs but this idea of emotional support is out of hand and being abused by pet owners who think everyone loves their pet. These people are rude, inconsiderate of others and tend to create unsanitary conditions. I have real trouble understanding why anyone would become a servant to their dog and wheel them around in a carriage or take them into a crowded situation like the square or store where they have to constantly keep them out of the way of people (although many of these owners seem to think the pet has the priority and you should stay out of their way). There was even one Villages restaurant that advertised they will serve your dog > WOW, my reply to them was we don't eat in any restaurant that serves dog food, they shortly stopped that advertisement. We have had our share of dogs and would never have considered putting them in some of the situations we see "Emotional pets" in today.
retiredguy123
12-03-2019, 12:33 PM
You need to go read the ADA because that statement is just not factual.
I'm not sure what is inaccurate. Here is a link with frequently asked questions about the ADA law.
Frequently Asked Questions about Service Animals and the ADA (https://www.ada.gov/regs2010/service_animal_qa.html)
l2ridehd
12-03-2019, 03:53 PM
I'm not sure what is inaccurate. Here is a link with frequently asked questions about the ADA law.
Frequently Asked Questions about Service Animals and the ADA (https://www.ada.gov/regs2010/service_animal_qa.html)
And no where does it say a self trained and self certified animal is considered a legal service animal. In fact it states just the opposite.
Brynnie
12-03-2019, 03:56 PM
I'm continually amazed at the lengths people will go to to bring their pets everywhere they go. Animals have their place--and it isn't in grocery stores and restaurants. I witnessed a woman trying to bring her dog into Carrabba's Restaurant. When the hostess asked her for her papers proving the dog is a service animal, the woman left in a huff. Emotional support animal? Come on! If businesses don't start cracking down on this trend, it's going to get out of hand. Some people are like children; they'll test the system until they suffer the consequences.
Bucco
12-03-2019, 04:13 PM
1. This is confusing. The link in the OP refers to an article which references the law passed in 2006 to allow restaurants to permit dogs in outdoor seating, and the abuse of that law is permitting. It does address so called service dogs.
2. This thread is discussing a complete opposite bill that is introduced to satisfy the ongoing problem of folks calling their dogs "service animals" to keep from paying a fee for animals in condos apartment buildings.
You say you have an '''emotional support’ animal? This bill says, ‘Not so fast.’ (https://www.tampabay.com/florida-politics/2019/03/11/you-say-you-have-an-emotional-support-animal-this-bill-says-not-so-fast/)
They are very specific situations but all involve the law in Florida....which clearly states...
"The ADA defines a service animal as a dog that is individually trained to perform tasks or do work for the benefit of a person with a disability. (In some cases, a miniature horse may also qualify as a service animal under the ADA.) The tasks or work the animal does must be directly related to the person’s disability.
Neither law covers pets or what some call “emotional support animals”: animals that provide a sense of safety, companionship, and comfort to those with psychiatric or emotional disabilities or conditions. Although these animals often have therapeutic benefits, they are not individually trained to perform specific tasks for their handlers. Under the ADA and Florida law, owners of public accommodations are not required to allow emotional support animals, only service animals (including psychiatric service dogs).
Florida Laws on Service Dogs and Emotional Support Animals | Nolo (https://www.nolo.com/legal-encyclopedia/florida-laws-on-service-dogs-and-emotional-support-animals.html#:~:targetText=The%20ADA%20defines%20a %20service,a%20person%20with%20a%20disability.&targetText=Under%20the%20ADA%20and%20Florida,(incl uding%20psychiatric%20service%20dogs)).
It appears on the surface we are speaking of business's that are not enforcing. The laws on the books seem clear to me on how to handle this, but it requires business owners to step up
All the laws I researched seem clear but be wary that these laws vary slightly from state to state.
It looks like the pressure should be brought to bear BY THE BUSINESS owners.
Discussion on what the law says or does not say is easily found, but it will do nothing is not enforced.
retiredguy123
12-03-2019, 04:47 PM
And no where does it say a self trained and self certified animal is considered a legal service animal. In fact it states just the opposite.
"Q5. Does the ADA require service animals to be professionally trained?
A. No. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program."
So, if someone trains his or her own dog to do a task, and they don't need to do anything but to say what task it can do, how is that "illegal"? In my opinion, that makes it a legal service animal.
Topspinmo
12-03-2019, 05:24 PM
Something needs to be done to change the Federal ADA law. My brother is legally blind and is on his third highly trained seeing eye dog. He could not get around without his dog, and his dogs have more than once saved his life by pulling him away from oncoming traffic (blind people can’t hear those dam electric vehicles approaching). Until the last couple of years no one has ever questioned his seeing eye dog and they have always been welcome at all public places. More recently he is frequently questioned and some places have tried to deny them access. This is because all the people with fake service dogs have managed to deledgitimentize acceptance of real service dogs. In my opinion people who try to pass fake service dogs as being ledgitiment should be punished as criminals.
I agree. If you need emotional support from animal 🦔 it’s mental problem. The blind IMO are the only true service dogs other than very few who medical condition may need animal to sense emergency which would be very low number like same odds as winning pick 5 lotto game. Which means if you see one other than with blind person it’s miracle.
Topspinmo
12-03-2019, 05:29 PM
Same old story a few ruin it for all They have to pass legislation and hopes it curbs abuse
How many times has legislation curbs abuse? ??????? I can’t think of one.
Topspinmo
12-03-2019, 05:35 PM
I think the only emotional support animal that should be allowed is a shmoo.
A shmoo is shaped like a plump bowling pin with stubby legs. It has smooth skin, eyebrows, and sparse whiskers—but no arms, nose, or ears. Its feet are short and round, but dexterous, as the shmoo's comic book adventures make clear. It has a rich gamut of facial expressions and often expresses love by exuding hearts over its head. Cartoonist Al Capp ascribed to the shmoo the following curious characteristics:
They reproduce asexually and are incredibly prolific, multiplying faster than rabbits. They require no sustenance other than air.
Shmoos are delicious to eat, and are eager to be eaten. If a human looks at one hungrily, it will happily immolate itself—either by jumping into a frying pan, after which they taste like chicken, or into a broiling pan, after which they taste like steak. When roasted they taste like pork, and when baked they taste like catfish. Raw, they taste like oysters on the half-shell.
They also produce eggs (neatly packaged), milk (bottled, grade-A), and butter—no churning required. Their pelts make perfect bootleather or house timbers, depending on how thick one slices them.
They have no bones, so there's absolutely no waste. Their eyes make the best suspender buttons, and their whiskers make perfect toothpicks. In short, they are simply the perfect ideal of a subsistence agricultural herd animal.
Naturally gentle, they require minimal care and are ideal playmates for young children. The frolicking of shmoos is so entertaining (such as their staged "shmoosical comedies") that people no longer feel the need to watch television or go to the movies.
Some of the more tasty varieties of shmoo are more difficult to catch, however. Usually shmoo hunters, now a sport in some parts of the country, use a paper bag, flashlight, and stick to capture their shmoos. At night the light stuns them, then they may be whacked in the head with the stick and put in the bag for frying up later on.
Sounds like the movie gremlin’s? And know how those lovable pets turned out. Also I think you been taking on snip hunting trip? :shocked::1rotfl:
I was on a flight and fell asleep. I awakened to a feeling of wetness on my arm and saw the the dachsund on the lap of a man next to me was licking my arm. The man was apparently ok with this because he made a slight adjustment but left the dog essentially where he was initially. I consider this unsanitary. You never know where that dog had previously licked.
IUFAN
12-04-2019, 07:33 AM
In training ??????? What is up with that.
jacksonbrown
12-04-2019, 07:50 AM
Robot Check (https://www.amazon.com/gp/product/B01GTBUIFU)
does not make a "service" dog.
brick010207
12-04-2019, 10:43 AM
GET A LIFE! There are so many important issues that the legislature could be spending their time on than to respond to a FEW people with nothing better to do! There has to be a middle ground. Go to Europe (my experience is in Germany). You'll find dogs in all kinds of public places including restaurants and bars on a regular basis. I personally don't take my dog to those places on a regular basis but there have been times when I am out and need to make a quick stop at Publix and my 10# dog is with me in the care that it would be nice to take her in with me as a matter of convenience but I don't even though I've seen people in there with theirs. We don't need legislation to do the right thing. Our legislature needs to be spending time on fixing Education, Medical Care, Cost of living, Infrastructure, Global Warming, etc, etc, etc..
My 2 cents worth
graciegirl
12-04-2019, 12:44 PM
GET A LIFE! There are so many important issues that the legislature could be spending their time on than to respond to a FEW people with nothing better to do! There has to be a middle ground. Go to Europe (my experience is in Germany). You'll find dogs in all kinds of public places including restaurants and bars on a regular basis. I personally don't take my dog to those places on a regular basis but there have been times when I am out and need to make a quick stop at Publix and my 10# dog is with me in the care that it would be nice to take her in with me as a matter of convenience but I don't even though I've seen people in there with theirs. We don't need legislation to do the right thing. Our legislature needs to be spending time on fixing Education, Medical Care, Cost of living, Infrastructure, Global Warming, etc, etc, etc..
My 2 cents worth
I have a life and I think your reaction is also extreme.
The businesses who must balance this are afraid of being sued because of the ADA and before any thoughts enter your mind, believe me when I say I fully understand what having a handicap means.
It isn't fair for people to bring their emotional support animals anywhere that would be a bother to others. The dear animals do not have a vote and bear the brunt of their owners bad judgement.
golfing eagles
12-04-2019, 02:21 PM
GET A LIFE! There are so many important issues that the legislature could be spending their time on than to respond to a FEW people with nothing better to do! There has to be a middle ground. Go to Europe (my experience is in Germany). You'll find dogs in all kinds of public places including restaurants and bars on a regular basis. I personally don't take my dog to those places on a regular basis but there have been times when I am out and need to make a quick stop at Publix and my 10# dog is with me in the care that it would be nice to take her in with me as a matter of convenience but I don't even though I've seen people in there with theirs. We don't need legislation to do the right thing. Our legislature needs to be spending time on fixing Education, Medical Care, Cost of living, Infrastructure, Global Warming, etc, etc, etc..
My 2 cents worth
Yeah, right. Let's have a menagerie wherever we go and focus on global warming---what a joke:1rotfl::1rotfl::1rotfl:
Rapscallion St Croix
12-04-2019, 03:16 PM
GET A LIFE! There are so many important issues that the legislature could be spending their time on than to respond to a FEW people with nothing better to do! There has to be a middle ground. Go to Europe (my experience is in Germany). You'll find dogs in all kinds of public places including restaurants and bars on a regular basis. I personally don't take my dog to those places on a regular basis but there have been times when I am out and need to make a quick stop at Publix and my 10# dog is with me in the care that it would be nice to take her in with me as a matter of convenience but I don't even though I've seen people in there with theirs. We don't need legislation to do the right thing. Our legislature needs to be spending time on fixing Education, Medical Care, Cost of living, Infrastructure, Global Warming, etc, etc, etc..
My 2 cents worth
You have overvalued.
CFrance
12-04-2019, 03:55 PM
GET A LIFE! There are so many important issues that the legislature could be spending their time on than to respond to a FEW people with nothing better to do! There has to be a middle ground. Go to Europe (my experience is in Germany). You'll find dogs in all kinds of public places including restaurants and bars on a regular basis. I personally don't take my dog to those places on a regular basis but there have been times when I am out and need to make a quick stop at Publix and my 10# dog is with me in the care that it would be nice to take her in with me as a matter of convenience but I don't even though I've seen people in there with theirs. We don't need legislation to do the right thing. Our legislature needs to be spending time on fixing Education, Medical Care, Cost of living, Infrastructure, Global Warming, etc, etc, etc..
My 2 cents worth
Europe is Europe and here is here. (How's that for depth?) When in Rome...
The point is frauds are making it hard on the people who really need a service dog. And the law is making it easy on the frauds.
golfing eagles
12-04-2019, 04:14 PM
Europe is Europe and here is here. (How's that for depth?) When in Rome...
The point is frauds are making it hard on the people who really need a service dog. And the law is making it easy on the frauds.
And there is a tremendous amount of fraud. The problem is utilizing the family physician as the gatekeeper for a letter to allow ESAs. It is very hard to say no to these requests, and most physicians just give it to their patient. Personally, I never signed a letter for an ESA, instead I told the patient that if their mental health problem is so extensive that they cannot be separated from their furry friend even for a trip to the grocery store, then they need to see a psychiatrist who is more qualified to evaluate their request. Surprise, surprise---not one of the dozens of patients that I made this offer to ever made the appointment. I guess their need for a four legged furball wasn't as dire as they first described.
New Englander
12-04-2019, 04:47 PM
Europe is Europe and here is here. (How's that for depth?) When in Rome...
The point is frauds are making it hard on the people who really need a service dog. And the law is making it easy on the frauds.
:agree:
Jdmiata
12-04-2019, 05:18 PM
I have no problem with a service dog going where it needs to. But too many are claiming "emotional support animal" just to take a pet with them.
I agree. Service dogs are a great thing. But some abuse the “support” thing.
OrangeBlossomBaby
12-04-2019, 07:09 PM
I agree. Service dogs are a great thing. But some abuse the “support” thing.
If they use the "support" term to explain why their pet is where it is, then by definition they are abusing the "support" thing. That's because a support animal is not a service animal. When a store says "service animals welcome" it is excluding emotional support animals. An "emotional support" animal is not trained to do anything in particular, at all. It's just a pet with a fancy name.
A service animal is trained to perform specific tasks on behalf of someone who is disabled.
fsusix
12-05-2019, 07:43 PM
It is such a disgrace - and abuse - I've seen dogs in the tag office - sitting on the seats - we have to sit on - I did write and they did say they talked to the guy and it was not a support dog. My husband has Parkinson - tripping over a leash is so dangerous - Dog owners THINK everyone is there to give (THEM) or attention to their dog. I am allergic to dogs - where do my rights come into play here?!? I've seen people bring dogs into the grocery store - in the basket that we all have to use - yes there are wipes - but can you wipe down the entire cart? This is being abused - and when we have asked the manager why they don't do something - their answer was - we are not ALLOWED to ASK them by law if they have papers and if it is a service dog. Please change and enforce this to protect and respect the rights of all. I have no problems with a 'real' service dog - they are well trained - behave and sit on the floor - helping their owner. I'd say it's about time a law is passed and hope it is enforced.
NO to 'emotional' support dogs - only SERVICE DOGS!
OrangeBlossomBaby
12-05-2019, 10:21 PM
It is such a disgrace - and abuse - I've seen dogs in the tag office - sitting on the seats - we have to sit on - I did write and they did say they talked to the guy and it was not a support dog. My husband has Parkinson - tripping over a leash is so dangerous - Dog owners THINK everyone is there to give (THEM) or attention to their dog. I am allergic to dogs - where do my rights come into play here?!? I've seen people bring dogs into the grocery store - in the basket that we all have to use - yes there are wipes - but can you wipe down the entire cart? This is being abused - and when we have asked the manager why they don't do something - their answer was - we are not ALLOWED to ASK them by law if they have papers and if it is a service dog. Please change and enforce this to protect and respect the rights of all. I have no problems with a 'real' service dog - they are well trained - behave and sit on the floor - helping their owner. I'd say it's about time a law is passed and hope it is enforced.
NO to 'emotional' support dogs - only SERVICE DOGS!
No they don't have the right to ask for proof of their dog's training. But they DO have the right to require that the dog remain on the floor, leashed, and in close proximity to its owner at all times. Service dogs are trained to NOT jump up on the chairs, and "on duty" service dogs are not found in baskets or strollers or their owner's arms.
The term is "four on the floor." If this isn't happening, then the manager of the store has the RIGHT to kick the dog and its owner out.
CFrance
12-05-2019, 10:38 PM
If they use the "support" term to explain why their pet is where it is, then by definition they are abusing the "support" thing. That's because a support animal is not a service animal. When a store says "service animals welcome" it is excluding emotional support animals. An "emotional support" animal is not trained to do anything in particular, at all. It's just a pet with a fancy name.
A service animal is trained to perform specific tasks on behalf of someone who is disabled.
I agree, a support animal is not a service animal. Every pet I ever had was a support animal.
graciegirl
12-06-2019, 08:29 AM
I agree, a support animal is not a service animal. Every pet I ever had was a support animal.
Me too.
I think that you and Barefoot and Nonie and DBussone and Nucky and Dillywho (to name a few) love their animals as they should be loved but I have never seen any of you cross any lines of common sense and respect for others. I think it is because you want everyone to love them.
asianthree
12-06-2019, 03:29 PM
On our 6th visit in a month at VA hospital, large sign at every entrance
SERVICE DOGS only. All others will be asked to leave.
Rapscallion St Croix
12-06-2019, 03:38 PM
On our 6th visit in a month at VA hospital, large sign at every entrance
SERVICE DOGS only. All others will be asked to leave.
If a dog has the ability to understand a request to leave and can make a decision to comply or not, they should be allowed to stay.
Velvet
12-06-2019, 06:24 PM
If a dog has the ability to understand a request to leave and can make a decision to comply or not, they should be allowed to stay.
Nope. Seriously what is so hard to understand about the definition of a “service” animal? It is not an obedient pet, it is not a therapy dog, it is not an emotional support dog, it is not a rescued dog, it is not a show dog with a pedigree. What can’t people understand about that? Please explain it to me.
graciegirl
12-07-2019, 07:59 AM
Nope. Seriously what is so hard to understand about the definition of a “service” animal? It is not an obedient pet, it is not a therapy dog, it is not an emotional support dog, it is not a rescued dog, it is not a show dog with a pedigree. What can’t people understand about that? Please explain it to me.
Velvet. You are new here so I must point out that Rapscallion is almost always tongue-in-cheek, poking fun, and pulling on our legs.
Except when he held an enormous job for years serving our country. (That is just a guess but I am a good guesser) He is also as old as I am, (and God) and he is clever and witty and the ornery boy in the back of the class. He made his mother turn gray early and diligently worked for years saving this world from awful people.
CFrance
12-07-2019, 08:06 AM
Do a search for Rapscallion and you'll find some pretty funny stuff.
ckcapaul
12-07-2019, 08:14 AM
Do a search for Rapscallion and you'll find some pretty funny stuff.
We can all use some levity, from time to time.
Carry on :a040:
Velvet
12-07-2019, 08:41 AM
Velvet. You are new here so I must point out that Rapscallion is almost always tongue-in-cheek, poking fun, and pulling on our legs.
Except when he held an enormous job for years serving our country. (That is just a guess but I am a good guesser) He is also as old as I am, (and God) and he is clever and witty and the ornery boy in the back of the class. He made his mother turn gray early and diligently worked for years saving this world from awful people.
My bad, thank you Gracie for pointing out the wit, misread his post. He sounds like a fun person.
DonH57
12-07-2019, 08:50 AM
I'm on the fence about this one. It would be hard to part with my emotional support squirrel.
golfing eagles
12-07-2019, 09:33 AM
Nope. Seriously what is so hard to understand about the definition of a “service” animal? It is not an obedient pet, it is not a therapy dog, it is not an emotional support dog, it is not a rescued dog, it is not a show dog with a pedigree. What can’t people understand about that? Please explain it to me.
"What can't people understand about that?" Two easy explanations:
1) Like Judge Judy says, "You can't fix stupid"
2) In the Villages, you can't fix "entitlement":1rotfl::1rotfl::1rotfl:
daystogo
12-07-2019, 11:18 AM
agreed and keep their smelly emotional support butts off the chairs and tables that people have to sit on and eat on too. So rude and unsanitary.
thank you
Pilodent
12-09-2019, 07:58 PM
Isn't that in conflict with federal law?
OrangeBlossomBaby
12-09-2019, 09:02 PM
Isn't that in conflict with federal law?
It would result in a conflict, yes. The only way to enforce a limit on support animals, is to require proof that the animal is a registered, certified, or licensed service animal. And it's not legal to require proof that it's a licensed service animal.
So they'd have to try and change the laws of the ADA. States are not allowed to legislate changes to those laws.
retiredguy123
12-09-2019, 09:15 PM
Who issues a registration, certification, and/or license for a service animal? As I understand the ADA, you can train the animal yourself, and no one can ask you for any documentation.
OrangeBlossomBaby
12-09-2019, 09:16 PM
Who issues a registration, certification, and/or license for a service animal? As I understand the ADA, you can train the animal yourself, and no one can ask you for any documentation.
That's exactly the point. Florida legislators think they can require proof that an animal is "authorized" to be in places that pets aren't allowed. But they can't - partly because no such proof exists, but also because the ADA expressly forbids it.
vBulletin® v3.8.11, Copyright ©2000-2025, vBulletin Solutions Inc.