You have to display a permit to use a disabled park, why not have to display a permit for a service animal?
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Because some people can train their own service dog, those dogs don't come with the pretty "I was trained at x school" papers, and these dogs can be every bit as effective as professionally trained service animals. Its the scammers that are ruining it for everyone.
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Originally posted by Jester View PostHere's the fucked up part.
We recently learned at one of our regular alcohol safety seminars that, by Florida law, we are not legally allowed to question people who claim their animal is a service dog, even if we think it is a load of hooey. We can't ask what service the dog is performing, we can't ask to see the paperwork, nothing, nada, zero, zilch, squat, dinkus. In other words, all these people have to do is SAY that their pet is a service animal, and we are powerless to prevent them from bringing said animal into our food service establishment.
You can ask two questions:
1) Is this your service dog?
2) What service does it provide?
If they say it is an emotional support animal that means IT IS NOT A SERVICE DOG. (A Psychological support dog is but they are required to have paperwork with them).
According to the ADA to be a "service dog" it has to be specially trained outside the realm that a dog would normally do for it's work. An emotional support dog only has to be a good pet - which is not outside the realm of a normal dog (this was taken to court, I'll have to find it later).
Yes, there is a lot of abuse and our "representatives" have been ignoring me when I ask them to make it illegal to impersonate a service dog. Other states have it in their law, why not FL (even though FL has a very well written law).
As for the audio, I was taking it as they were saying service dogs are a scam. Clearly it's not obvious so I think I was overreacting (I did not send a letter or anything yet - just discussed it in a few places). My second issue is that the radio host wants to get the service dog label for his own dog.
My wife uses a service dog that she trained herself (she is a dog trainer) and I help train them. She also helps others train their service dogs and also runs an organization for service dogs. Seeing the abuse really pisses me off - we can usually spot the fakers a mile away.
These scammers are making it difficult for my wife to even get by on a day to day basis. She's constantly watched and sometimes even rushed out of stores. People look down at her and she's heard comments like "she should leave the pet at home". My wife walks with an obvious limp and has a handicapped dangler.Last edited by draggar; 08-16-2011, 11:12 AM.
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Originally posted by Akasa View PostBecause some people can train their own service dog, those dogs don't come with the pretty "I was trained at x school" papers, and these dogs can be every bit as effective as professionally trained service animals.Jack Faire
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Originally posted by jackfaire View PostWhen did that start? I had to interview a trainer for a school paper, admittedly awhile ago and for a dog to be classed as a service animal by the ADA they had to go through extensive accredited training.
Incoming edit for Jester:
http://www.ada.gov/regs2010/smallbus...primer2010.htm
Under "GENERAL NONDISCRIMINATION REQUIREMENTS"
Service Animals
Often businesses such as stores, restaurants, hotels, or theaters have policies that can exclude people with disabilities. For example, a "no pets" policy may result in staff excluding people with disabilities who use dogs as service animals. A clear policy permitting service animals can help ensure that staff are aware of their obligation to allow access to customers using service animals. Under the ADA's revised regulations, the definition of "service animal" is limited to a dog that is individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability. For example, many people who are blind or have low vision use dogs to guide and assist them with orientation. Many individuals who are deaf use dogs to alert them to sounds. People with mobility disabilities often use dogs to pull their wheelchairs or retrieve items. People with epilepsy may use a dog to warn them of an imminent seizure, and individuals with psychiatric disabilities may use a dog to remind them to take medication. Service members returning from war with new disabilities are increasingly using service animals to assist them with activities of daily living as they reenter civilian life. Under the ADA, "comfort," "therapy," or "emotional support animals" do not meet the definition of a service animal.Last edited by draggar; 08-16-2011, 11:46 AM.
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Originally posted by Nyoibo View PostYou have to display a permit to use a disabled park, why not have to display a permit for a service animal?
Originally posted by draggar View PostYou can ask two questions:
1) Is this your service dog?
2) What service does it provide?
Originally posted by draggar View PostOther states have it in their law, why not FL (even though FL has a very well written law).
And as for the "why not FL?" Once again, welcome to Florida. Where bass-ackwards is the normal state of things.
Originally posted by draggar View PostAs for the audio, I was taking it as they were saying service dogs are a scam.
Originally posted by draggar View PostMy second issue is that the radio host wants to get the service dog label for his own dog.
Originally posted by draggar View Post"GENERAL NONDISCRIMINATION REQUIREMENTS"
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Originally posted by Jester View PostNo. No, we can't. According to the guy who ran our alcohol seminar (who has been doing it for years, who you would think would be the type of person to know about these things, since it's kind of his job and all--i.e., this was not just a coworker spouting a rumor), once someone claims that their pet is their service animal, we can no longer legally question the animal or their right to have them there, or even what kind of service animal it is. According to him (and I admit he may be wrong), but under state law, once they claim it's a service animal, we can no longer question them for any reason, period.
http://www.ada.gov/regs2010/smallbus...primer2010.htm
This document is from the ADA (Americans with Disabilities Act) - it trumps anthing your trainer says.
Often businesses such as stores, restaurants, hotels, or theaters have policies that can exclude people with disabilities. For example, a "no pets" policy may result in staff excluding people with disabilities who use dogs as service animals. A clear policy permitting service animals can help ensure that staff are aware of their obligation to allow access to customers using service animals. Under the ADA's revised regulations, the definition of "service animal" is limited to a dog that is individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability. For example, many people who are blind or have low vision use dogs to guide and assist them with orientation. Many individuals who are deaf use dogs to alert them to sounds. People with mobility disabilities often use dogs to pull their wheelchairs or retrieve items. People with epilepsy may use a dog to warn them of an imminent seizure, and individuals with psychiatric disabilities may use a dog to remind them to take medication. Service members returning from war with new disabilities are increasingly using service animals to assist them with activities of daily living as they reenter civilian life. Under the ADA, "comfort," "therapy," or "emotional support animals" do not meet the definition of a service animal.
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal's work or the individual's disability prevents him from using these devices. Individuals who cannot use such devices must maintain control of the animal through voice, signal, or other effective controls. Businesses may exclude service animals only if 1) the dog is out of control and the handler cannot or does not regain control; or 2) the dog is not housebroken. If a service animal is excluded, the individual must be allowed to enter the business without the service animal.
In situations where it is not apparent that the dog is a service animal, a business may ask only two questions: 1) is the animal required because of a disability; and 2) what work or task has the animal been trained to perform? No other inquiries about an individual's disability or the dog are permitted. Businesses cannot require proof of certification or medical documentation as a condition for entry.
If you think someone is abusing the service dog laws then my recommndation is to let your supervisor / manager deal with it.
From what I've been led to understand, if the above is true, I would hardly call the FL law well-written. Or, perhaps it is well-written, just badly conceived.
And as for the "why not FL?" Once again, welcome to Florida. Where bass-ackwards is the normal state of things.
Here is the Florida law (413.08 is the section for service dogs):
http://www.servicedogcentral.org/content/node/9
In my opinion, then, you are overreacting, because that is not how I perceived it at all. The way I took it, they were doing the exact same thing I've been doing here, saying that a lot of people that are claiming their pets are service animals are, in essence, full of shit. Not that service animals in general are a scam, but that some douchebuckets are using the service animal thing to scam the system.
Obviously this is subjective, but I fully believe he was joking, or at least parially joking. He was talking about how hard it was to transport his dog through the airlines, so he was saying that the service animal label would make it easier. So I think he had given that part of it some serious thought, but because of how he was railing against the people in the stories, I don't think he was fully serious about it. Kinda tongue in cheek, if you will.
That's all welll and good....and completely moot if, as we were told, we can't question people once they claim their pets to be service animals. We can't ask for documentation, we can't ask for licensing, we can't ask what kind of service the animal provides; in essence, we can't do shit. Which, if this is true, is yet another example of bureaucratic idiocy run amok.
These abusers are getting away with it while businesses feel they have no rights - they stand by and let the abuser's dog destroy merchandise and make a mess thinking there is nothing they can do. Then, I walk in with a SDiT or my wife walks in with her service dog and we deal with the shit - followed constantly, rushed out of the store, staff acts overbearing, or made to wait longer at restaurants.
If the dog is a nuisance (as in excessive barking and/or acting aggressive) and the handler either won't control the dog or can't control it you can ask them to leave. If they want to remain in your establishment then they need to make arrangements for the dog (but the establishment is responsible for assissting them in places where the dog would).
If the dog is being destructive (chewing, going to the bathroom where they shouldn't) you can ask them to leave and they are responsibl for any related costs and/or damages. The SD urinates on your carpet - the handler is responsible for the cleaning bill.
If you have a genuine concern over the health and safety of the dog you can ask them to leave. Say someone just spilled a few gallons of antifreeze you CAN tell them that they can't go in that area - antifreeze tastes wonderful to dogs and will kill them (slowly and painfully).
There are ways of spotting fakers (or at least who is a good chance of faking it) but I don't want to discuss them in a search engine indexed site - the last thing I need is for abusers to find ways to "better fake" a service dog.
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Looks like you should be fine Jester
A public accommodation may exclude or remove any animal from the premises, including a service animal, if the animal's behavior poses a direct threat to the health and safety of others. Allergies and fear of animals are not valid reasons for denying access or refusing service to an individual with a service animal. If a service animal is excluded or removed for being a direct threat to others, the public accommodation must provide the individual with a disability the option of continuing access to the public accommodation without having the service animal on the premises.I am a sexy shoeless god of war!
Minus the sexy and I'm wearing shoes.
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Jester, I love you to death, I really do. You're one of my favorite people on here.
But I have a service dog, and she's only ten pounds. If I go to a restaurant or a bar, she will likely be sitting on my lap 'doing nothing'. Why? Because part of her service to me is providing body heat therapy. Her body heat actually makes it possible for me to sit there for extended periods of time and keeps me from having to truck around a heating pad or hot water bottle to do the same thing.
Also, she retrieves. I can't bend or squat easily so if I drop something it is very painful for me to pick it up again. If I drop my car keys, for example, she picks them up for me and hands them back. Unless I drop something right there in the bar and have her pick it up for me, again...it will seem as if she is doing 'nothing'. And yes, she can fit into a purse (though i would never in a million years put her in one, God gave dog's legs for a reason).
Believe me, it pisses those of us with service dogs off just as much to see every barbie-fluff whacknut with their precious Fifi pretending to be a service dog traipsing everywhere. Why? Because it makes people jaded against those of us who actually need one, and I really don't feel like being glared at or given the third degree about my legitimate service dog everywhere I go.
As to why a 'permit' or some kind of certification is not needed to be presented on demand, there are several reasons for this. Loss, theft, it's left behind or forgotten in an emergency or rush to go somewhere (the disabled are as human as anyone). If one was required, that person would have to leave their required assistance animal behind or be banned from stores and public facilities. This is also why the service dog laws are written the way they are. Service dogs from trained facilities are extremely expensive and not always is their financial aide available. People train their own dogs. What then are they supposed to do? They have no certificate. You can't have a 'standardized' test they can take because service dogs fill far too wide a variety of uses. How do you test an epileptic seizure dog to certify it if its been independantly trained? You can test it's obedience of course, but then all someone would have to do is take their well behaved pet, say its a seizure dog, get it certified and you'd still have the same problem. They could show proof of their condition from their doctor, right? Now you've just violated their medical privacy laws.
If the dog is disruptive, barking, peeing, acting aggressively...you can tell the owner to leave. Trained service dogs will not behave this way, regardless of their size. If the owner tells you it's a therapy dog or an emotional support dog, again...not covered by ADA law and you can tell the owner to remove the dog.
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I think that last part is the most important thing, really. Therapy dogs, emotional support dogs...not allowed. Disruptive animals? Can be kicked out. Even if they are service animals.
Really, that's the only way to tell, I think, is if the dog or whatever starts acting up like that--either they aren't a service dog or something's wrong/they're poorly trained. In which case, they can be asked to leave.
Honestly, if someone actually has a teacup dog that's well-behaved [as well-behaved as a service dog], I can't see an actual problem with it so much...problem is, most of them aren't well-behaved at all..."And I won't say "Woe is me"/As I disappear into the sea/'Cause I'm in good company/As we're all going together"
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If you ever see a therapy dog trying to utilize the advantages of a service dog - it is either an abuser (even as a therapy dog) or a really REALLY bad therapy dog / handler team.
They are certified as a team (dog and handler) - meaning only that dog with that handler is certified and TDI (Therapy Dog International) takes complaints very seriously, you CAN be suspended (even expelled) from the program for abusing it.
My wife is TDI certified with Zorro. This means that, if invited (and yes, therapy dogs are though invitation), only she and Zorro can go. I cannot go w/ Zorro and she cannot go with another non-service dog.
Originally posted by Eisa View PostHonestly, if someone actually has a teacup dog that's well-behaved [as well-behaved as a service dog], I can't see an actual problem with it so much...problem is, most of them aren't well-behaved at all...Last edited by draggar; 08-20-2011, 02:37 PM.
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Originally posted by draggar View PostYou DO have rights - especially if you believe the person is abusing it.
Businesses cannot require proof of certification or medical documentation as a condition for entry.
Of course, people never lie, now do they?
Originally posted by LewisLegion View PostJester, I love you to death, I really do. You're one of my favorite people on here.
Originally posted by LewisLegion View PostI have a service dog, and she's only ten pounds. If I go to a restaurant or a bar, she will likely be sitting on my lap 'doing nothing'. Why? Because part of her service to me is providing body heat therapy.
I am actually on YOUR side. I support legitimate service animals being allowed to "come along for the ride" as it were. But the people who scam this stuff, who perpetrate the fraud we've been discussing, are blatant, and they actually are detrimental to people like you, people who have legitimate needs for legitimate service animals.
Originally posted by LewisLegion View PostAs to why a 'permit' or some kind of certification is not needed to be presented on demand, there are several reasons for this.
EMPLOYEE: "Excuse me, sir, you can't bring that animal in here."
JOHN Q. HONEST: "This is a service animal."
EMPLOYEE: "May I see your service animal card please?"
JOHN Q. HONEST: "Here it is."
EMPLOYEE: "Oh, thank you. Enjoy your day."
EMPLOYEE: "Excuse me, ma'am, you can't bring that animal in here."
JANE Q. SCAMALOT: "This is a service animal."
EMPLOYEE: "May I see your service animal card please?"
JANE Q. SCAMALOT: "Um...er...I don't have a service animal card...."
EMPLOYEE: "Then I'm sorry, you won't be able to bring that animal in here, due to health department regulations."
What about the person who does have a genuine service animal but for whatever reason doesn't have their card with them? (I.e., forgot it, lost it, it's in their other pants, etc.) Well, it would be no different than a bar refusing an OF AGE person alcoholic beverages if they were unable to produce valid identification. Would it suck? Sure. But it would make non-scammers careful about their service animal card. And it would stop these scammers in their tracks.
After all, if we have legislation determining what is and what is not a legitimate service animal (as Draggar showed above), why can we not have cards or some such similar item proving the legitimacy of genuine service animals? It would be in everyone's interest, both those people with service animals and those people who work in restaurants and other such establishment that do not allow non-service animals into their business.
Originally posted by Eisa View PostReally, that's the only way to tell, I think, is if the dog or whatever starts acting up like that--either they aren't a service dog or something's wrong/they're poorly trained.
Originally posted by Eisa View PostHonestly, if someone actually has a teacup dog that's well-behaved [as well-behaved as a service dog], I can't see an actual problem with it so much...
I know that some legitimate service animals probably get that reaction already. But when you increase the number of people bringing in non-obvious "service animals" in to restaurants, you increase the likelihood of such event occurring.
I want to make this very plain and very clear. I have NO problem with ANYONE who has a LEGITIMATE service animal, even if it is one that I and others may not have realized could function as such. My problem, my beef, my frustration is reserved for the people who are full of shit and are claiming that their animal is a service animal when it is not, in all likelihood because they know about the weakness of the law governing such things.
I also want to make clear that the people I've dealt with in this area were NOT legitimate, they WERE scammers, and it's driven us nuts. How do I know this? Well, some of these people I KNOW, and they've never had any issues before....but suddenly, when they want to bring their pet into the restaurant, it's a service animal?
Please. I call shenanigans. On these people, on the people being discussed in the linked audio clip, and on anyone who would have the indecency to devalue legitimate service animals and the people who need them by making fraudulent claims in order to circumvent health department regulations.
Basically, I'm disgusted.
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Originally posted by Jester View PostReally? Well, according to the very link you provided,
So what rights do we have? If a scammer claims, "My dog does this for me," but there is no evidence that they do or don't do that, just how can we do a damn thing about it? We can't question them any further, they don't have to provide any proof whatsoever....while my trainer may have gotten a minor point wrong, it seems evident that he was correct when he said we cannot ask them for proof or paperwork to determine the dog is, in fact, a legitimate service animal. In other words, as I originally said, we are put in the position of having, by law, to take their word for it.
Of course, people never lie, now do they?
1) Is that your service dog?
2) What service does it provide?
Most scammers try to get away with "it helps me cope with being out in public" or "it's an emotional support dog" - neither are a "service dog" according to the ADA. If they claim it is a "psychological support dog" (and yes, a legit one should use that phrase) they'll typically have documentation with them.
There are ways to spot fakers and I don't want to discuss them in a Google indexed forum because then scammers will learn from it but if you want I can PM you signs that they are faking it.
Just remember, though, if the dog is being a nuisance, threatening (even growling can be considered a threat), or destructive you CAN ask them to leave - you are in your legal right.
If you feel there is a genuine concern for the health or safety of the dog you can refuse them access where the concern is. Grapes are bad for dogs - if there is a wine festival going on and wine is getting spilled all over the place that can be a concern. A legitimate service dog handler will appreciate the warning.
Originally posted by Jester View PostI have no doubt that there are. But surely you recognize that the lack of requirement of proof or certification verifying the legitimacy of the service animal paints a lot of people who claim "service animals" with the same brush to the general public, be they legitimate or scammers. Personally, I think people with genuine service animals would be better served by a law that required some kind of proof, even if it were something as simple as a driver's license-sized card. Like the proof of vehicular insurance I carry in my wallet that proves I am an insured driver, or the health cards so many people have, or hell, even like my driver's license. Wouldn't the requirement of a wallet-sized card be better for everyone, other than the scammers?
EMPLOYEE: "Excuse me, sir, you can't bring that animal in here."
JOHN Q. HONEST: "This is a service animal."
EMPLOYEE: "May I see your service animal card please?"
JOHN Q. HONEST: "Here it is."
EMPLOYEE: "Oh, thank you. Enjoy your day."
EMPLOYEE: "Excuse me, ma'am, you can't bring that animal in here."
JANE Q. SCAMALOT: "This is a service animal."
EMPLOYEE: "May I see your service animal card please?"
JANE Q. SCAMALOT: "Um...er...I don't have a service animal card...."
EMPLOYEE: "Then I'm sorry, you won't be able to bring that animal in here, due to health department regulations."
After all, if we have legislation determining what is and what is not a legitimate service animal (as Draggar showed above), why can we not have cards or some such similar item proving the legitimacy of genuine service animals? It would be in everyone's interest, both those people with service animals and those people who work in restaurants and other such establishment that do not allow non-service animals into their business.
Sadly, the ADA is taking steps back, too. As of March, 2011 only "dogs" can be service animals. Rats are highly efficient with detecting seizures.
I can. The problem being people other than the scammer who see the scammer with their pooch in the restaurant, and then get pissy when they can't bring their own pets along. "How come THEY can have their pet with them?" "Well, that's a service animal." "Oh, yeah, right."
I know that some legitimate service animals probably get that reaction already. But when you increase the number of people bringing in non-obvious "service animals" in to restaurants, you increase the likelihood of such event occurring.
I want to make this very plain and very clear. I have NO problem with ANYONE who has a LEGITIMATE service animal, even if it is one that I and others may not have realized could function as such. My problem, my beef, my frustration is reserved for the people who are full of shit and are claiming that their animal is a service animal when it is not, in all likelihood because they know about the weakness of the law governing such things.
I also want to make clear that the people I've dealt with in this area were NOT legitimate, they WERE scammers, and it's driven us nuts. How do I know this? Well, some of these people I KNOW, and they've never had any issues before....but suddenly, when they want to bring their pet into the restaurant, it's a service animal?
Please. I call shenanigans. On these people, on the people being discussed in the linked audio clip, and on anyone who would have the indecency to devalue legitimate service animals and the people who need them by making fraudulent claims in order to circumvent health department regulations.
Basically, I'm disgusted.
I've also attempted to contact my state representatives to help get some parts of the law changed but so far I have not gotten a response.
Right now, this is my draft of a letter:
Hello(show);
The other day (August 15th) you had a short discussion about service dogs and it seems that there was a lot of confusion over service dogs, even to the point of calling them a “scam”. I am really hoping that the “scam” you were referring to is the people who abuse the “service dog” laws to benefit themselves and allow them to bring their dogs wherever they want and not actual service dogs in general. I will be the first to admit, there is abuse with this and sadly it makes it more difficult for people with legitimate service dogs as well as service dog trainers, my wife (who utilizes a service dog and trains them) and I (who helps train service dogs) deal with it on a regular basis.
As for your experience in the Philadelphia airport, the dog was not well trained and the handler (or she could have been a trainer) was not a good one. A true service dog will never leave their handler’s side unless instructed to (stay while the handler gets something, etc.). Asking a total stranger to “watch” her dog is also typically unacceptable.
There are instances where the handler may not seem handicapped – mobility impaired, diabetic shock alert dog, epileptic seizure alert dog, autism dog, etc. In Florida (and some other states) trainers and their dogs are allowed the same access as a service dog with their handler.
As far as “service dogs” go, emotional support dogs are not considered a service dog (according to the Americans with Disabilities Act / ADA). Yes, there are psychiatric / psychological support dogs which are service dogs but these are also the only ones that require paperwork. There is a “but” though – the Air Carrier Access Act allows “emotional support dogs” onto airplanes free of charge as long as they have a letter from their doctor or therapist.
An establishment is allowed to ask two questions in regards to service dogs, “Is that your service dog” and “what service does it (he / she) provide?” The handler does not have to go into their disability but should be able to give a general answer (sight, hearing, mobility, etc.). The establishment then can either accept the explanation or reject it. (Again, if it is a psychological / psychiatric support dog they will typically have paperwork with them). There is only one situation where an establishment can proactively refuse entry for a service dog and that is when they feel that there is a genuine risk to the dog’s health or safety (for example, if someone wanted to take their dog on a roller coaster – the ride attendant can refuse them entry). An establishment can reactively refuse a service dog if the dog is a nuisance (excessive barking, acting aggressive) and the handler either does not attempt to or can control it, or the dog is destructive (going to the bathroom, chewing, etc.).
Your comment about getting the “service dog label for Buddy” gave a bad impression. Your show has a large audience that covers a very large geographic area (I don’t think it’s an exaggeration to say your show probably has one of the largest geographic area on the FM spectrum?). In a nutshell, you’re telling people that it is OK to “fake” a service dog. My wife and I deal with enough B.S. that we do not need people on the radio making statements like this. My wife’s disability is not an easily noticed one and we’ve both been accused of faking it, abusing service dog laws, even fraudsters. We’ve been rushed out of stores, had the police called on us and have even been outright refused service because of a service dog.
I will admit, there is a lot of “service dog abuse” going on where people who don’t need a service dog claim that their pet is a service dog, some do this knowingly while others do not realize the true definition of a “service dog” and think their dog is a service dog. These people do make it harder for legitimate service dogs (as you can see above).
Not all service dogs are scams and right now the best way to prevent people from abusing the service dog laws is proper education.Last edited by draggar; 08-20-2011, 11:02 PM.
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