ADA Revisions for service animals were necessary

It is said that no good deed ever goes unpunished, or it may be that it was just another case of unintended consequences. Whatever, the Americans with Disabilities Act that was passed into law in the 1990’s was intended to make life a little easier for people with physical and other disabilities. Among other things it required that new buildings have a ramp for wheelchair access and that multi-story buildings have elevators in addition to stairs. We take these things for granted now but not that long ago such was not the case.

Guide dogs for the blind have been accepted for years, and have been given access to places of business, including restaurants, but service dogs for the physically challenged were frequently denied entry. Another provision of the ADA required that service animals had to be allowed entry with their owners to any place of public access. Denying access violated federal law and carried serious penalties. Problems soon began.

Many business owners were not familiar with the new law and did not want a dog in their place of business, especially in a food establishment. Even when shown the statute, many believed that state health laws forbidding dogs in a food service place of business exempted them from the law, although the federal law superceded the state law. And then there were businesses run by people from other countries, places where dogs are not considered part of the family but more as filthy, germ-laden pests, who could not believe that a supposedly civilized country would allow dogs in a place of business, let alone a restaurant. Quite a few business owners found themselves in federal court facing discrimination charges, and many paid hefty fines.

The law also stated that business owners could not require proof of certification that the dog was actually a service animal as a condition of entry. The owner could ask about the nature of the disability, but could not refuse service. It did not take long before people began taking advantage of the law. These people, selfish, self-centered jerks who only care about themselves and what they want, would bring their dog to a restaurant and demand access for the dog, claiming that it was a service animal. If asked the person could claim unseen disabilities – hearing, seizures, emotional – which required the dog to be with him. The owner or manager had to let them in even if it seemed obvious that it was a scam, due to the penalties that could result if the dog was truly a service animal.

Adding to the problem was the fact that the law did not specify what type animal could qualify as a service animal, so before long animals and birds of all kinds were being used. Monkeys, parrots, even miniature horses were being trained for service, and people were bringing them to places of business. Now miniature horses are said to be pretty smart and can do many of the things a dog can do, plus they live twice as long and so have a longer period of use. But a horse in a restaurant? Or on an airplane? (it happened) Come on. Monkeys are smart and can be trained to do many things no other animal can do, but again, do you want one at the next table while you are eating. Don’t the other patrons have rights also?

And let’s not forget the birds. In a well-publicized case a man brought his parrot to a restaurant and insisted that it be allowed to sit on his shoulder while he dined. He claimed to have anxiety attacks and the parrot could sense them and talk him through it. According to the man, when the bird sensed an attack coming it would speak calming phrases, such as "It’s OK, calm down, just relax, everything’s fine" and things like that until he came down, and therefor he could not go anywhere without the bird. They had to seat him. An interesting and not so charming thing about birds is that they have no anal sphincter. They couldn’t hold it even if they wanted to. Every 20 minutes, out it comes. Wouldn’t you like to have the table next to that guy?

Revisions to the law limit access to public places of business to service dogs. Other animals can certainly be trained to assist those who need help, but they are excluded from the provision that makes access mandatory.

There is still no type of standardized certification for service dogs and other animals. It seems as if this would solve most of the problems and would not be that hard to do. Right now you can go online and find any number of sites that will certify your dog as a service dog. All you do is fill out an application form and send it in with a check for an amount ranging from $35 to well over $100, depending on which website you choose. No verification is needed that the dog is a trained service animal. They don’t care; all they want is your money. But the documentation they send you looks sort of official and will let you take your dog pretty much anywhere you go – restaurants, stores, hotels, public transportation.

The law is meant to benefit people with real disabilities and it has. Unfortunately disreputable creeps who only care about themselves have taken advantage of it. In the process they have made it harder for those it was meant to help.