While checking our sales on eBay today I noticed some ads at the bottom that presented other products from other sellers. What disturbed me is that some of these sellers were selling ID’s that are wrong. I am speaking of the ones for sale that say “Emotional Support Service Dog. Full Access Required”.
This is very very very wrong!
There is no such thing as an Emotional Support Service Dog. There are Emotional Support Animals and there are Service Dogs.
In the ADA rulings it clearly states…
Effective March 15, 2011, “Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.”
Key changes include the following:
1. Only dogs will be recognized as service animals.
2. Service animals are required to be leashed or harnessed except when performing work or tasks where such tethering would interfere with the dog’s ability to perform.
3. Service animals are exempt from breed bans as well as size and weight limitations.
4. Though not considered service animals, businesses are generally required to accommodate the use of miniature horses under specific conditions.
Until the effective date, existing service animals of all species will continue to be covered under the ADA regulations.
Existing policies that were clarified or formalized include the following:
1. Dogs whose sole function is “the provision of emotional support, well-being, comfort, or companionship” are not considered service dogs under the ADA.
2. The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.
3. “The crime deterrent effects of an animal’s presence” do not qualify that animal as a service animal and “an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal.”
Take note of the section about Emotional Support Animals.
Emotional Support Animals are only recognized by the Fair Housing Act and the Air Carrier Access Act. They do NOT have full access to any other places
There are a couple things that upset me about other sellers selling these “Emotional Support Service Dog. Full Access Required” tags.
#1 They are selling items that are misleading and allow people to break the law by taking their ESA into places posted Service Animals only. And because these tags look so official, the public will accept the ID and allow the ESA in.
#2 Because the law states that an ESA does NOT have to have any training, these ESA’s could have a great impact on how the public views Service Dogs in the event that an ESA bites someone or causes any other number of problems.
I have personally approached some of these sellers to try and advise them of the rules. Only one actually stopped selling the “Emotional Support Service Dog” tags. The rest simply did not care and were only interested in the money they were making off the tags.
To me, that is nothing but taking advantage of the misinformed and scamming the public.
Sussie and Service Dog “Gunny”