Talk of The Villages Florida

Talk of The Villages Florida (https://www.talkofthevillages.com/forums/)
-   The Villages, Florida, Non Villages Discussion (https://www.talkofthevillages.com/forums/villages-florida-non-villages-discussion-93/)
-   -   Florida lawmakers working on bill to limit support of emotional support animals. (https://www.talkofthevillages.com/forums/villages-florida-non-villages-discussion-93/florida-lawmakers-working-bill-limit-support-emotional-support-animals-300444/)

graciegirl 12-02-2019 09:05 AM

Florida lawmakers working on bill to limit support of emotional support animals.
 
bill in florida house to limit use of emotional support dogs. - Bing

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

Quote:

Originally Posted by ckcapaul (Post 1698595)
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

Quote:

Originally Posted by Bay Kid (Post 1698590)
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

Quote:

Originally Posted by Bay Kid (Post 1698590)
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

Quote:

Originally Posted by OrangeBlossomBaby (Post 1698662)
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

Quote:

Originally Posted by CFrance (Post 1698666)
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 Bold/underlined mine, for emphasis:

Quote:

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

Quote:

Originally Posted by OrangeBlossomBaby (Post 1698667)
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 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

Quote:

Originally Posted by OrangeBlossomBaby (Post 1698662)
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

Quote:

Originally Posted by CFrance (Post 1698672)
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

Quote:

Originally Posted by graciegirl (Post 1698575)
bill in florida house to limit use of emotional support dogs. - Bing

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

Quote:

Originally Posted by OrangeBlossomBaby (Post 1698667)
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 Bold/underlined mine, for emphasis:

lawyers for the ada are scamming businesses. - Bing

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

Quote:

Originally Posted by Rapscallion St Croix (Post 1698691)
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

Quote:

Originally Posted by Edjkoz (Post 1698674)
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

Quote:

Originally Posted by OrangeBlossomBaby (Post 1698675)
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

Quote:

Originally Posted by village dreamer (Post 1698754)
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

Emotional Support animals
 
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.

rmd2 12-03-2019 10:41 AM

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

Quote:

Originally Posted by Travelingal702 (Post 1698848)
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.


All times are GMT -5. The time now is 10:26 PM.

Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
Search Engine Optimisation provided by DragonByte SEO v2.0.32 (Pro) - vBulletin Mods & Addons Copyright © 2025 DragonByte Technologies Ltd.