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Emotional Support Dog at the Gym

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  • Cahgetsfit
    Cahgetsfit Posts: 1,912 Member
    kshama2001 wrote: »
    lemurcat2 wrote: »
    Phirrgus wrote: »
    33gail33 wrote: »
    I actually don't believe in service dogs from an ethical standpoint. I just don't think any sentient being should be conscripted to a lifetime of 24/7 servitude.

    What I coincidence @33gail33. I was just chatting on another forum about the incredible strides my niece has taken since her mom and dad were able to acquire a service dog for her. She is autistic, and since having the dog she has made incredible progress in being able to interact with family and friends as well as simple daily functions.

    Oh, she has also just recently started eating again, the animal is helping her overcome the food rejection common with some autistic folks.

    The dog? She's a yellow lab mix. 100% part of the family, loved and treated like gold by everyone, and anyone who knows anything at all about dogs could clearly see the joy she has in going through her routine, hanging tight by my niece and just loving that girl.

    It's very much a partnership. So, your post ...well...there is nothing even worth carrying on a conversation about, but it did warrant a reply.

    The show Cat From Hell now has a Cat from Heaven segment and one featured a cat who had similarly positive effects on an autistic child. There was also one about a cat who goes to a local library and helps kids who have trouble reading feel more comfortable.

    I mean, if we are still on the dogs as employees analogy, I'm going to concede that they are generally going to be better employee types than cats, but I had to plug a couple of cats too!

    ;-)

    I think the best analogy for cats comes from Westworld - cats are guests, humans are the hosts there to cater to their every need.

    I'll have to see if we can get Cat from Heaven streaming.

    We watched a few Jackson Galaxy youtube videos (different from Cat From Hell) when we got our cat in January and found them very helpful, even though we had both been cat "hosts" in the past.

    The we are hosts thing - YAAAASSSSSS!

    I am currently a host to 3 guests. 2 live permanently at my place, and 1 comes and goes. When he comes I feed him and occasionally he allows me to pet him.

    He likes to sleep on my daughter's bed on cold days.

  • aokoye
    aokoye Posts: 3,495 Member
    hotel4dogs wrote: »
    aokoye wrote: »
    yukfoo wrote: »
    Wow! Upon further reading...This is really an interesting topic. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.
    Basically, if confronted, all the "handler" has to say is any animal accompanying them into almost any (very very few exceptions) premises is a "service animal" rather than an ESA and cannot be excluded unless it is disruptive. So all one has to is say "I have seizures and this is my alert animal"... and there's nothing anyone can say or do.

    In some cases, or perhaps a lot of cases, it would be impossible or simply inappropriate to ask that the dog demonstrate their task. The first thing that popped in my mind was a service dog for people who have seizures. People who have service dogs to help them with PTSD symptoms (yes, that fits into the service dog category assuming the dog is trained to do a task, as opposed to just sit there and be, well, a dog) would be another one. It also means you're effectively acting people to act out their disability which is, at best, in pretty poor taste.

    I guess I would also question why you think that you need to know why someone has a service animal. What business of it is yours? Sure I think that the ability for people to pass their animals off as service animals is lax, but until there's an equitable system set up by the government to have dogs certified this is where we're at in the US.

    I think more businesses (and people, and lawyers) need to be made aware of the clause that states that if a service dog is being disruptive or threatening, basically generally not behaving as a "service dog" should, they can be removed from the establishment without repercussions.

    I agree. In fact I touched on that yesterday when I wrote, "if someone was bitten or otherwise attacked by a service animal, then said person could press charges and if the dog was in a facility, the management would have the right to make the animal and their human leave." That, however, doesn't have anything to do with trying to figure out why someone has a service animal.
  • lynn_glenmont
    lynn_glenmont Posts: 10,089 Member
    yukfoo wrote: »
    Wow! Upon further reading...This is really an interesting topic. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.
    Basically, if confronted, all the "handler" has to say is any animal accompanying them into almost any (very very few exceptions) premises is a "service animal" rather than an ESA and cannot be excluded unless it is disruptive. So all one has to is say "I have seizures and this is my alert animal"... and there's nothing anyone can say or do.

    My understanding is that one would only have to say the animal alerts one to a developing medical incident. One doesn't have to say that one has seizures, and people aren't allowed to ask someone with a service animal what their medical issue is.
  • the_happy_buddha
    the_happy_buddha Posts: 5 Member
    At least she didn't bring a miniature horse...which currently have an ADA status as follows:
    In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.
  • aokoye
    aokoye Posts: 3,495 Member
    edited August 2019
    At least she didn't bring a miniature horse...which currently have an ADA status as follows:
    In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.
    Why would a miniature horse serving as a service animal be a bad thing?
  • TheBigFb
    TheBigFb Posts: 649 Member
    Soft
  • magnusthenerd
    magnusthenerd Posts: 1,207 Member
    At least she didn't bring a miniature horse...which currently have an ADA status as follows:
    In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

    My understanding is a miniature horse would be far less likely to have the issues mentioned in this incident. Horses already have a naturally lesser interest in people - they're not going to go up to people to sniff them, even without training.
  • kenyonhaff
    kenyonhaff Posts: 1,377 Member
    At least she didn't bring a miniature horse...which currently have an ADA status as follows:
    In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

    My understanding is a miniature horse would be far less likely to have the issues mentioned in this incident. Horses already have a naturally lesser interest in people - they're not going to go up to people to sniff them, even without training.

    Oh I've met horses that absolutely love people like that. Horses tend to be more timid than dogs (being "prey" animals versus "predator" by biology) but horses can absolutely be curious and friendly.
  • lynn_glenmont
    lynn_glenmont Posts: 10,089 Member
    For everyone's reading pleasure, the ADA requirements for service animals... (FYI, support animal =/= service animal)

    https://www.ada.gov/service_animals_2010.htm

    qq1bamufigeb.jpg

    This case would seem to fall under the animal being out of control and the handler not taking action to control it. It seems to me that according to this document the business can legally ask the handler to control the dog or leave the place of business.

    Also, wasn't the animal in question identified as an emotional support animal, which wouldn't be covered as a service animal under the ADA anyway?
  • Theoldguy1
    Theoldguy1 Posts: 2,493 Member
    For everyone's reading pleasure, the ADA requirements for service animals... (FYI, support animal =/= service animal)

    https://www.ada.gov/service_animals_2010.htm

    qq1bamufigeb.jpg

    This case would seem to fall under the animal being out of control and the handler not taking action to control it. It seems to me that according to this document the business can legally ask the handler to control the dog or leave the place of business.

    Also, wasn't the animal in question identified as an emotional support animal, which wouldn't be covered as a service animal under the ADA anyway?

    The staff member behind the counter said she was told it was an emotional support animal.
  • bmeadows380
    bmeadows380 Posts: 2,981 Member
    Since this is about emotional support animals, I have a question: a friend of mine has recently had some major issues, and her therapist recommended she get an emotional support animal as she responds well to cats especially. However, her lease for her apartment says no pets. If its something that is "prescribed" by her psychiatrist, does she have any legal ground in being able to have the lease changed? And if she does, is there help she can get to help pay for the extra terms, such as an added pet deposit or pet rent per month?
  • ktekc
    ktekc Posts: 879 Member
    if it had been a service animal , maybe? but an emotional support animal is not covered under ADA. unless she has a really nice landlord i think shes out of luck
  • jamesnewberrysr
    jamesnewberrysr Posts: 13 Member
    It seems this is just another case of "rules are fo r others" You can define this dog as anything you want. The gm should have a policy, so that members can choose to quit and demand a refund of dues if policy is violated.
  • aokoye
    aokoye Posts: 3,495 Member
    Since this is about emotional support animals, I have a question: a friend of mine has recently had some major issues, and her therapist recommended she get an emotional support animal as she responds well to cats especially. However, her lease for her apartment says no pets. If its something that is "prescribed" by her psychiatrist, does she have any legal ground in being able to have the lease changed? And if she does, is there help she can get to help pay for the extra terms, such as an added pet deposit or pet rent per month?

    This is a fair housing act issue, not an ADA issue in your friends case. There's more info on that here (question 35 specifically) and here. Ultimately she would likely be able to have an emotional support animal. She would need to contact HUD to see if charging her a pet fee would be legal. If it is she'd need to contact a local organization for help, if one exists.
  • Cahgetsfit
    Cahgetsfit Posts: 1,912 Member
    At least she didn't bring a miniature horse...which currently have an ADA status as follows:
    In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

    OMG miniature horse!!! If that was brought anywhere near me i'd be that person who was all "OMG HOW CUUUTEEE" and wanting to pet it even if it had the vest saying "don't pet me" (I wouldn't of course, but the desire would be there) and not minding if it sniffed me mid-deadlift.

    But horse-loving and jokes aside, not, not even a miniature horse would be the best idea in a gym unless it was on a halter and next to the person and not drinking from the water fountain or being let loose to sniff people's butts.