"Reasonable Modification"

Dolly and I had just completed a very pleasant walk. It was a wonderful spring Sunday, early afternoon, and the bright sun reflected a dazzle from her rhinestone collar. Dolly, being a Standard Poodle, red in color, regal in bearing, attracted her usual high volume of smiles and compliments from admirers. I, being her attendant, was granted collateral cordiality, much more attention than had I been strolling alone. On our walk, we passed quite a few other dogs and all were very well behaved, keeping to themselves or to their earnest sniffing. For a brief moment, I envisioned a world without unruly dogs and what effect that would have on a profession like mine that so depended on miscreants. Once our walk was completed we proceeded to our second mission of the outing. We had a grocery shopping list from Dolly’s owner to attend to. Dolly loaded up into her usual front passenger perch, was fastened in, and off we went.’’

The parking lot of the grocery store was almost empty as was the store itself. That day’s list was relatively short and we were about finished. As I looked for a a last item, a seemingly elusive flavor of yogurt camouflaged in the seemingly vast selection, I noticed a woman had approached us. I asked if we were in her way and was about to move, when she launched an unexpected broadside of invective, a veritable tirade of reproach, demanding to know what a dog was doing in a grocery store. I attempted to explain that Dolly was a service dog and was legally granted public access under the CA Unruh Act and the ADA or Americans With Disabilities Act which had been passed in 1990 (1) (2.)

This rude scold then claimed she knew the law but continued to question what a dog was doing in the store. The situation was getting most confusing and now my hackles were up. I told her that I was done with this “conversation” and would not answer to her in any way. This escalated her wrath even further and she was now dropping “f bombs” left and right. Why she went well out of her way to take up her pointless crusade and press it so far was beyond me. Something was amiss, the gal just ain’t right, I thought as I pivoted away saying that Dolly and I would be moving on, once finished with our shopping. Shortly I told Dolly “Let’s Go” and swung the cart around to leave. The woman was gone. An unexpected storm had blown in out of nowhere and vanished to some unhappy place. Dolly grinned up at me. She appeared none the worse for the experience and eager for our next adventure.

I am no stranger to being questioned about bringing a dog into public. Having worked as a service dog trainer for a number of years, many were the occasions I was asked about a dog I was working, many were the explanations given and I recall never having a problem that wasn’t sorted out quickly and amiably with security guards and businesses. If there was any question in the days before the ADA, we would ask for an owner’s approval, prior to entering. Of course, Canine Companions For Independence had been seen about Santa Rosa since 1975, so it wasn’t uncommon to see dogs in public, accompanied by people in wheelchairs or caped puppies in training with their raisers (3).

The ADA, or Americans with Disabilities Act was signed into law on July 26, 1990 by president H.W. Bush (4). This landmark national civil rights legislation deals with discrimination against people with disabilities.The statute is divided into five parts called Titles. Title 1 deals with employment whereas Titles 2 and 3 concern “reasonable modifications” in state and government services, public transit and businesses open to the public (5). Title 4 deals with “Telecommunications” and Title 5 is “Miscellaneous Provisions.” Titles 1. 2 and 3 were implemented by 1992. The original wording of this legislation allowed for “service animals” to be granted legal access. And then people, being creative, began to show up in public with snakes, ferrets, parrots, chickens, miniature horses, monkeys, guinea pigs, cats, even a critter called a sugar glider (a nocturnal gliding possum) (6) (7) (8).

Surprisingly, or perhaps not, it took twenty years for the government to replace “service animals” with dogs only in 2010 (9). And miniature horses. I had never heard of, much less encountered, a Guide Horse. Before you write them off as implausible, check out The Guide Horse Foundation (10). Miniature horses are very trainable, live up to 35 years, are naturally safety oriented, are sturdy for balance work in addition to guide duties and with some effort can be housebroken. I wonder if the irate woman in the grocery could have been further provoked if Dolly were a miniature horse.

Some of the ADA can be confusing. For example, under the national law, a service dog has to be trained to be allowed in public. There is no provision for dogs in training. Fortunately, most states make allowance for “SDiT,” or service dog(s) in training. There is one exception and that is Hawaii (11). To further put a confusion on matters, Under Title 1 of the ADA, which concerns employment, service animals, not just dogs, can be allowed as a “reasonable accommodation” in the workplace, if certain criteria are met (12). Titles 2 and 3 allow only dogs in places the public is allowed. This would include restaurants. shops, schools, hotels and transportation (13). A service dog can stay in a hospital room if his handler is a patient if he or she or someone can care for the dog. He can go wherever the public is allowed in the hospital, such as waiting areas or a cafeteria.. A service dog is not automatically allowed into a church and may have to be approved by those in an upper spiritual echelon. Here is a list of places the ADA may not apply (14). “More often than not, residential situations involving persons with disabilities are going to fall under the Fair Housing Act (FHA). Service dogs are allowed in airports but air travel is regulated under the Air Carrier Access Act or ACAA.

I cannot imagine it would have been against any law had the woman civilly asked about Dolly. I would gladly have gladly answered. In addition to her sparkly rhinestone collar, Dolly was wearing a harness with an obvious patch stating Service Dog in bright, white letters. A service dog is not, under federal law, required to wear any particular “vest, ID tag or particular harness.” (15). Employees of an establishment can legally ask a person with a dog only two questions: Is your dog a service dog to help with a disability? and what does the dog do for you? They cannot ask details about a person’s disability nor require the person to have the dog perform its tasks, They cannot request any documentation. The service dog handler, for his or her part is required to keep the dog under control, not be intrusive, obstructive and the dog must be housebroken (16).. Dolly was displaying her usual best behavior, not blocking traffic or causing the least commotion in the nearly empty store.

The world of service dogs has expanded greatly since my experience working mainly with persons in wheelchairs with mobility issues, hearing dogs and an occasional facility dog . Guide dogs have been around some time (17).. Service dogs now include such diverse talents as allergy dogs, autism dogs, seizure alert dogs, diabetic alert dogs, and psychiatric service dogs. A bona fide service dog is trained to perform a task(s) that assists the person with a disability. An emotional support dog is not granted legal access as it may provide comfort but has not been trained a task to assist that disabled individual. On the other hand, a psychiatric service dog can be trained to apply deep pressure, find an exit, interrupt behaviors, block persons from approaching too close and more. Check out this impressive list of possible tasks a service dog can perform (18). Dolly has two main service duties. She retrieves things such as pens, paper and keys. She also assists her owner in balance, being taught to go up and down steps, one at a time.

A couple weeks after the incident , I returned to the store, this time without Dolly. I had a conversation with an employee who recognized me as “the guy with the poodle.” He said that the irate woman had approached him after she finished with me that day and told him that if he “cared enough,” there was a dog in the store that was not a “real" service dog. The dog performed “no service,” she said. The employee told her that if she had a complaint, she should speak to the manager. Perfectly legitimate advice.

A couple of times, Dolly and I have turned into an aisle in a different grocery store and come face to face with a pair of small dogs being handled by a frail old woman. One of these dogs has barked at Dolly on a couple occasions. Dolly ignores the insult and we quickly move on. I would wager that these two are not legitimate service dogs. Exhibiting poor behavior is the surest way to identify a fraudulent service dog. And a dog out of control in public can prejudice the public against all service dogs. Fake service dogs do pose a serious problem. but there is a certain protocol when dealing with someone with a service dog. The best approach is to not approach and ignore a team. A question or conversation may not be out of order if the person with the dog is amenable, There is no cause to get involved if a dog is well behaved. If the dog is causing trouble, find a manager. Seems simple enough. There are consequences for committing service dog fraud in California which can include a fine and even jail time (19). Before confronting someone else or attempting a citizen’s arrest, I hope the vigilante lady brushes up on the law and gets her facts straight (20). There are also consequences for harassing and obstructing a service dog (21).

(1). What is the Americans with Disabilities Act (ADA)? | ADA National Network

(2). Fact Sheet: Service Animals in Business and Public Spaces | Disability Rights California

(3). Northwest - Canine Companions

(4). Timeline of the Americans with Disabilities Act | ADA National Network

(5). What is the Americans with Disabilities Act (ADA)? | ADA National Network f

(6). what strange animals were assistance animals when ada first came out in 1990 - Google Search

(7).DEMPSEY-Service-Animals.pdf

(8). Sugar glider - Wikipedia.

(9). ADA Requirements: Service Animals | ADA.gov

(10). Guide Horse Foundation - Miniature horses for the blind

(11). Table of State Assistance Animal Laws | Animal Legal & Historical Center

(12). What is the process to request a reasonable accommodation in employment? | ADA National Network