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	<title>
	Comments on: Service animal scams now &#8220;epidemic &#8230; across the country&#8221;	</title>
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	<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Sat, 21 Sep 2013 16:27:02 +0000</lastBuildDate>
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		<title>
		By: Sarah		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-238561</link>

		<dc:creator><![CDATA[Sarah]]></dc:creator>
		<pubDate>Sat, 21 Sep 2013 16:27:02 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-238561</guid>

					<description><![CDATA[&quot;There’s no such thing as service monkeys &quot;

JohnC, tell that to Helping Hands, the non-profit organization in Boston that breeds and trains small capuchin monkeys to work as service animals for patients with limited mobility.  They&#039;re trained at Helping Hands’ Monkey College, and I&#039;m aware of at least one person in Vermont who has one.

Go to monkeyhelpers-dot-org for details.]]></description>
			<content:encoded><![CDATA[<p>&#8220;There’s no such thing as service monkeys &#8221;</p>
<p>JohnC, tell that to Helping Hands, the non-profit organization in Boston that breeds and trains small capuchin monkeys to work as service animals for patients with limited mobility.  They&#8217;re trained at Helping Hands’ Monkey College, and I&#8217;m aware of at least one person in Vermont who has one.</p>
<p>Go to monkeyhelpers-dot-org for details.</p>
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		<title>
		By: Alison D. Petro		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-238479</link>

		<dc:creator><![CDATA[Alison D. Petro]]></dc:creator>
		<pubDate>Fri, 20 Sep 2013 16:26:56 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-238479</guid>

					<description><![CDATA[I&#039;ve got a Psychiatric Service Dog that does an Awesome job of keeping me of meds that have horrible side effects, and keeping me out of the hospital.  She also does many other things for me.  I&#039;ve spent lots of time thinking about relatively cheep in general things that could be done to determine a service dog or one in training from the fakers.  For example most fakers couldn&#039;t pass an AKC CGC test ( http://www.akc.org/events/cgc/program.cfm and http://www.akc.org/events/cgc/training_testing.cfm) also I believe every state and county in the US requires current Rabies records be on file for every owned dog with the health department.  That being said maybe for a very small fee a basic letter of need from a doctor can go with a letter from a local dog trainer or any personal calling them self a professional dog trainer stating that this dog is trained or training for service dog work and the owner/handler has a verified need/use for a service dog.  Much passed basic &quot;public access&quot; abilities I personally could care less how much or little a dog can do for their owner/handler.  If someone can benefit from the use of a service dog and a health care professional of some kind agrees with that then all I ask is for the dog to be well behaved and not cause a problem.

I think I just rambled lots, but I think most of you will get the idea.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;ve got a Psychiatric Service Dog that does an Awesome job of keeping me of meds that have horrible side effects, and keeping me out of the hospital.  She also does many other things for me.  I&#8217;ve spent lots of time thinking about relatively cheep in general things that could be done to determine a service dog or one in training from the fakers.  For example most fakers couldn&#8217;t pass an AKC CGC test ( <a href="http://www.akc.org/events/cgc/program.cfm" rel="nofollow ugc">http://www.akc.org/events/cgc/program.cfm</a> and <a href="http://www.akc.org/events/cgc/training_testing.cfm" rel="nofollow ugc">http://www.akc.org/events/cgc/training_testing.cfm</a>) also I believe every state and county in the US requires current Rabies records be on file for every owned dog with the health department.  That being said maybe for a very small fee a basic letter of need from a doctor can go with a letter from a local dog trainer or any personal calling them self a professional dog trainer stating that this dog is trained or training for service dog work and the owner/handler has a verified need/use for a service dog.  Much passed basic &#8220;public access&#8221; abilities I personally could care less how much or little a dog can do for their owner/handler.  If someone can benefit from the use of a service dog and a health care professional of some kind agrees with that then all I ask is for the dog to be well behaved and not cause a problem.</p>
<p>I think I just rambled lots, but I think most of you will get the idea.</p>
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		<title>
		By: JohnC		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-237867</link>

		<dc:creator><![CDATA[JohnC]]></dc:creator>
		<pubDate>Sat, 14 Sep 2013 02:34:19 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-237867</guid>

					<description><![CDATA[Above all, let&#039;s not forget how much dogs can show us:
http://www.flickr.com/photos/99626732@N07/9738294794/]]></description>
			<content:encoded><![CDATA[<p>Above all, let&#8217;s not forget how much dogs can show us:<br />
<a href="http://www.flickr.com/photos/99626732@N07/9738294794/" rel="nofollow ugc">http://www.flickr.com/photos/99626732@N07/9738294794/</a></p>
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		<title>
		By: JohnC		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-237860</link>

		<dc:creator><![CDATA[JohnC]]></dc:creator>
		<pubDate>Sat, 14 Sep 2013 01:14:50 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-237860</guid>

					<description><![CDATA[That story seems to involve monkeys, not dogs. There&#039;s no such thing as service monkeys (at least here). 

Re your proposed ADA cage match, I believe Walter had a post on that precise question re a NYT article a few years ago (the original article was titled something like, &quot;Treating One Worker’s Allergies Sets Off Another’s&quot;). Indeed, there&#039;s no shortage of these cases, including a number involving cabbies (note: putting the dog in the trunk is not a reasonable solution). 

And there&#039;s no easy answer. Employers are required both to (a) provide a reasonable accommodation to both, and (b) treat neither one better than the other. (Though neither allergies nor phobias are protected, unless they rise to the level of disability; and dog allergies are unlikely, by themselves, to rise to that level.)  What make the issue especially problematic is just how vicious and unsympathetic the two sides -- each probably used to being the &quot;victim&quot; and claiming the moral high ground -- become.

For now, it&#039;s something most employers can solve if they actually give two thoughts about the ADA (most don&#039;t). That may not be the case as the ADA&#039;s definitions of disability and requirements for accommodations continue to hypertrophy. [Insert usual forecast re reluctance in hiring the disabled, etc.]]]></description>
			<content:encoded><![CDATA[<p>That story seems to involve monkeys, not dogs. There&#8217;s no such thing as service monkeys (at least here). </p>
<p>Re your proposed ADA cage match, I believe Walter had a post on that precise question re a NYT article a few years ago (the original article was titled something like, &#8220;Treating One Worker’s Allergies Sets Off Another’s&#8221;). Indeed, there&#8217;s no shortage of these cases, including a number involving cabbies (note: putting the dog in the trunk is not a reasonable solution). </p>
<p>And there&#8217;s no easy answer. Employers are required both to (a) provide a reasonable accommodation to both, and (b) treat neither one better than the other. (Though neither allergies nor phobias are protected, unless they rise to the level of disability; and dog allergies are unlikely, by themselves, to rise to that level.)  What make the issue especially problematic is just how vicious and unsympathetic the two sides &#8212; each probably used to being the &#8220;victim&#8221; and claiming the moral high ground &#8212; become.</p>
<p>For now, it&#8217;s something most employers can solve if they actually give two thoughts about the ADA (most don&#8217;t). That may not be the case as the ADA&#8217;s definitions of disability and requirements for accommodations continue to hypertrophy. [Insert usual forecast re reluctance in hiring the disabled, etc.]</p>
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		<title>
		By: Bob Lipton		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-237826</link>

		<dc:creator><![CDATA[Bob Lipton]]></dc:creator>
		<pubDate>Fri, 13 Sep 2013 18:22:37 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-237826</guid>

					<description><![CDATA[Kirsten &#038; JohnC,

Thanks for providing some light on the situation. I am a fan of old movies and recently saw the MARCH OF TIME episode in which they made a fuss about changing  New York City&#039;s health laws to allow Seeing Eye Dogs in taxicabs. Seventy-five years later, I think &quot;What  can of worms they opened up!&quot;

So, given the situation, how would you guys, as legitimate owners of service animals deal with situations such as the one recounted in Lowering the Bar&#039;s &quot;Free Advice: Service-Animal Claim Is Stronger If Animal Not Dressed as Pirate&quot;? (http://www.loweringthebar.net/2011/03/service-animal-pirate.html) How do we determine and balance the needs of people who use service animals with those of the more general public, some of whom have allergies and phobias? What do we do in a business situation in which the boss has two employees, one of who requires an emotional support animal to function in public, the other has allergies or phobias and the boss may not, because of the Americans with Disabilities Act, dispense with either?]]></description>
			<content:encoded><![CDATA[<p>Kirsten &amp; JohnC,</p>
<p>Thanks for providing some light on the situation. I am a fan of old movies and recently saw the MARCH OF TIME episode in which they made a fuss about changing  New York City&#8217;s health laws to allow Seeing Eye Dogs in taxicabs. Seventy-five years later, I think &#8220;What  can of worms they opened up!&#8221;</p>
<p>So, given the situation, how would you guys, as legitimate owners of service animals deal with situations such as the one recounted in Lowering the Bar&#8217;s &#8220;Free Advice: Service-Animal Claim Is Stronger If Animal Not Dressed as Pirate&#8221;? (<a href="http://www.loweringthebar.net/2011/03/service-animal-pirate.html" rel="nofollow ugc">http://www.loweringthebar.net/2011/03/service-animal-pirate.html</a>) How do we determine and balance the needs of people who use service animals with those of the more general public, some of whom have allergies and phobias? What do we do in a business situation in which the boss has two employees, one of who requires an emotional support animal to function in public, the other has allergies or phobias and the boss may not, because of the Americans with Disabilities Act, dispense with either?</p>
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		<title>
		By: Bob Lipton		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-237823</link>

		<dc:creator><![CDATA[Bob Lipton]]></dc:creator>
		<pubDate>Fri, 13 Sep 2013 17:52:27 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-237823</guid>

					<description><![CDATA[Humor Me, you chose the example of an epilepsy service dog.  Then when I took your example and spoke about an &quot;off day&quot;  you seemed to get very, very angry. So:  you get to define the terms of discourse and revise them when some one else makes a point? I ask so I can figure out if there&#039;s any way to win this debate on intellectual grounds or if it&#039;s &quot;Give me what I want or I&#039;ll resort to name calling, which will prove my point&quot;, which seems to be the rules so far.

As for me, when I am unable to do my job, I call in and say &quot;I can&#039;t do my job today.  Do I need a doctor&#039;s note?&quot; Is that what your service animal does?

Bob]]></description>
			<content:encoded><![CDATA[<p>Humor Me, you chose the example of an epilepsy service dog.  Then when I took your example and spoke about an &#8220;off day&#8221;  you seemed to get very, very angry. So:  you get to define the terms of discourse and revise them when some one else makes a point? I ask so I can figure out if there&#8217;s any way to win this debate on intellectual grounds or if it&#8217;s &#8220;Give me what I want or I&#8217;ll resort to name calling, which will prove my point&#8221;, which seems to be the rules so far.</p>
<p>As for me, when I am unable to do my job, I call in and say &#8220;I can&#8217;t do my job today.  Do I need a doctor&#8217;s note?&#8221; Is that what your service animal does?</p>
<p>Bob</p>
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		<title>
		By: JohnC		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-237750</link>

		<dc:creator><![CDATA[JohnC]]></dc:creator>
		<pubDate>Fri, 13 Sep 2013 06:43:45 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-237750</guid>

					<description><![CDATA[It&#039;s odd how many people claim need of a service dogs on a flight 
to wherever the AKC championships are being held. Amazing, really.

@Humor_Me
&quot;Most of the time, you can tell by the dog’s behavior whether or not it is a Service Dog.&quot;

Completely agree. And the owner&#039;s behavior (with the dog) can be just as much a give away. Though, contrary to what many may think, breed is often a poor indicator of legit creds (i.e., I was surprised to learn thatm kickable as they seem, papillons make decent service dogs).

&quot;To require us to get “registration” or “identification” would be difficult if not impossible given the vast array of tasks and alerts (epileptics would be required to show their dog’s ability....&quot;

I have a working dog (cadaver search), and when he travels with me for work, I sometimes have the same demo request. Though, the request tends to end when I say, &quot;Okay, just go outside and -- wait, which do you prefer: the desiccated finger or fake corpse spay?&quot;

@Bob Lipton
&quot;So, Humor Me, if your epilepsy service dog is having an off day, it’s ok?&quot;

The off day isn&#039;t related to serving the disability; it&#039;s that, e.g., after a long flight to a strange place, you may not get perfect obedience. The dog&#039;s not going to main a toddler or walk his owner into traffick; at most he may bark a bitor even, uh, &quot;stake his territory.&quot; It&#039;s rare, but it happens for even exceptionally well-trained dogs.]]></description>
			<content:encoded><![CDATA[<p>It&#8217;s odd how many people claim need of a service dogs on a flight<br />
to wherever the AKC championships are being held. Amazing, really.</p>
<p>@Humor_Me<br />
&#8220;Most of the time, you can tell by the dog’s behavior whether or not it is a Service Dog.&#8221;</p>
<p>Completely agree. And the owner&#8217;s behavior (with the dog) can be just as much a give away. Though, contrary to what many may think, breed is often a poor indicator of legit creds (i.e., I was surprised to learn thatm kickable as they seem, papillons make decent service dogs).</p>
<p>&#8220;To require us to get “registration” or “identification” would be difficult if not impossible given the vast array of tasks and alerts (epileptics would be required to show their dog’s ability&#8230;.&#8221;</p>
<p>I have a working dog (cadaver search), and when he travels with me for work, I sometimes have the same demo request. Though, the request tends to end when I say, &#8220;Okay, just go outside and &#8212; wait, which do you prefer: the desiccated finger or fake corpse spay?&#8221;</p>
<p>@Bob Lipton<br />
&#8220;So, Humor Me, if your epilepsy service dog is having an off day, it’s ok?&#8221;</p>
<p>The off day isn&#8217;t related to serving the disability; it&#8217;s that, e.g., after a long flight to a strange place, you may not get perfect obedience. The dog&#8217;s not going to main a toddler or walk his owner into traffick; at most he may bark a bitor even, uh, &#8220;stake his territory.&#8221; It&#8217;s rare, but it happens for even exceptionally well-trained dogs.</p>
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		<title>
		By: Humor_Me		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-237734</link>

		<dc:creator><![CDATA[Humor_Me]]></dc:creator>
		<pubDate>Fri, 13 Sep 2013 01:12:17 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-237734</guid>

					<description><![CDATA[Bob Lipton,

Is it okay when you have an off day? Do you get sick? Do you get the flu? A cold? Eat something that disagreed with you? Are you human? If you are a living being and dogs are living beings, then the same thing happens to them. You have NEVER made a mistake at work? EVER? 

Things happen. We train and we train and we train, but continuing fakers force us to train harder and harder because we never know where we will meet them and have to prove our case. Who else has to prove who they are more than us? We don&#039;t ASK to be stared at, questioned about our private lives, pointed at, shied away from because some faker has probably lunged at them in the past. Do you know how many times a day I hear, &quot;Look at the doggie!&quot; and &quot;Can I pet your dog?&quot; Nobody ever says, &quot;Hi my name is [insert me here]. That&#039;s a nice dog you have. Would you like to join our dog club/come for a drink/go out for dinner/can I have your number?&quot; I&#039;m just a dog in a store. A novelty.

And I&#039;m so glad that you&#039;ve been able to diagnose me over the internet. Are you a psychic? Or you&#039;re just using the example I gave to assume that my dog is is an epileptic alert dog? You make some mighty big assumptions there for someone who doesn&#039;t know me or my dog. I suggest you stick to generalizations, they suit you better.]]></description>
			<content:encoded><![CDATA[<p>Bob Lipton,</p>
<p>Is it okay when you have an off day? Do you get sick? Do you get the flu? A cold? Eat something that disagreed with you? Are you human? If you are a living being and dogs are living beings, then the same thing happens to them. You have NEVER made a mistake at work? EVER? </p>
<p>Things happen. We train and we train and we train, but continuing fakers force us to train harder and harder because we never know where we will meet them and have to prove our case. Who else has to prove who they are more than us? We don&#8217;t ASK to be stared at, questioned about our private lives, pointed at, shied away from because some faker has probably lunged at them in the past. Do you know how many times a day I hear, &#8220;Look at the doggie!&#8221; and &#8220;Can I pet your dog?&#8221; Nobody ever says, &#8220;Hi my name is [insert me here]. That&#8217;s a nice dog you have. Would you like to join our dog club/come for a drink/go out for dinner/can I have your number?&#8221; I&#8217;m just a dog in a store. A novelty.</p>
<p>And I&#8217;m so glad that you&#8217;ve been able to diagnose me over the internet. Are you a psychic? Or you&#8217;re just using the example I gave to assume that my dog is is an epileptic alert dog? You make some mighty big assumptions there for someone who doesn&#8217;t know me or my dog. I suggest you stick to generalizations, they suit you better.</p>
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		<title>
		By: kirsten		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-237703</link>

		<dc:creator><![CDATA[kirsten]]></dc:creator>
		<pubDate>Thu, 12 Sep 2013 16:41:29 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-237703</guid>

					<description><![CDATA[i have a service dog.  
her ability to help me up off the floor when i fall, to help me walk, and to get me out of a building safely have made a huge difference in my safety and ability to get around.
does she have off days? sure.  she got ill one time after a vet visit, and we had a hard time getting paper towels to clean up.
how can i demonstrate her ability? fall down? and crawl back up with her help? uh..... thanks, but i would rather not... i at least CAN demonstrate her ability.

seizure alert and diabetic alert dogs cannot. what do you want to do? induce a low blood sugar crash in their human to watch her perform? uh right... risk disaster for a test.

and yes, better a dog that can save my diabetic friends life 80% of the time, than  no dog.  my friend&#039;s dog woke her up out of sleep to test her sugar repeatedly over the years, and once, when she wouldnt wake up... woke up her husband in time to save her life.
yeah, i will take  that over nothing

My service dog  is currently in semi retirement owing to having had some idiot run over her tail with a shopping cart in a store.  
(she now thinks all shopping carts are hazards i have to be taken away from, which kind of limits her help out shopping, although we did find out that the training in how to operate a fire exit door had worked just dandy....)]]></description>
			<content:encoded><![CDATA[<p>i have a service dog.<br />
her ability to help me up off the floor when i fall, to help me walk, and to get me out of a building safely have made a huge difference in my safety and ability to get around.<br />
does she have off days? sure.  she got ill one time after a vet visit, and we had a hard time getting paper towels to clean up.<br />
how can i demonstrate her ability? fall down? and crawl back up with her help? uh&#8230;.. thanks, but i would rather not&#8230; i at least CAN demonstrate her ability.</p>
<p>seizure alert and diabetic alert dogs cannot. what do you want to do? induce a low blood sugar crash in their human to watch her perform? uh right&#8230; risk disaster for a test.</p>
<p>and yes, better a dog that can save my diabetic friends life 80% of the time, than  no dog.  my friend&#8217;s dog woke her up out of sleep to test her sugar repeatedly over the years, and once, when she wouldnt wake up&#8230; woke up her husband in time to save her life.<br />
yeah, i will take  that over nothing</p>
<p>My service dog  is currently in semi retirement owing to having had some idiot run over her tail with a shopping cart in a store.<br />
(she now thinks all shopping carts are hazards i have to be taken away from, which kind of limits her help out shopping, although we did find out that the training in how to operate a fire exit door had worked just dandy&#8230;.)</p>
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		<title>
		By: Bob Lipton		</title>
		<link>https://www.overlawyered.com/2013/09/service-animal-scams-now-epidemic-across-country/comment-page-1/#comment-237688</link>

		<dc:creator><![CDATA[Bob Lipton]]></dc:creator>
		<pubDate>Thu, 12 Sep 2013 13:39:44 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=41309#comment-237688</guid>

					<description><![CDATA[So, Humor Me, if your epilepsy service dog is having an off day, it&#039;s ok?

Bob]]></description>
			<content:encoded><![CDATA[<p>So, Humor Me, if your epilepsy service dog is having an off day, it&#8217;s ok?</p>
<p>Bob</p>
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