Service Dog Certification & Fakers

As more disabled Americans discover the benefits of using a Service Dog to mitigate their handicaps, it becomes increasingly common to see dog-handler teams in public.  Sadly, this prompts some people to feel more confident erroneously claiming that they have a disability so that they can take their pet dogs into public locations where pets are not allowed.   It also may escalate the numbers of legally disabled individuals who partner with very poorly trained dogs, since, in the USA, there is not government regulated certification program for Service Dogs.

Invisible disabilities, those that are not easy to perceived such as deafness, seizure disorders and psychiatric conditions like Post Traumatic Stress Disorder, are often best mitigated through the use of highly trained dogs.  Who is going to argue with someone who claims she is prone to seizures or that her dog alerts her to another medical condition? 

The Americans With Disabilities Act (ADA) is dedicated to upholding the rights of disabled Americans to negotiate live as effortlessly as possible.  Requiring a disabled person to carry any form of documentation to prove their rights to enter a business, for example, would be contrary to the general concept of the ADA.  So, asking a disabled person to carry their Service Dogs certification papers to gain access to a public business goes against the grain of the ADA’s charter.  After all, we don’t ask drivers to present their license to enter the freeway or to park in a lot.  So, why should a disabled person be required to show proof of their dog’s certification when entering a restaurant?

At the same time, many disabled individuals who utilize a well trained Service Dog are angered when they spot a “faker”.  Many Americans would be equally as distraught if their neighbor, whose drivers license had been suspended, was traveling on the public roads each day with complete disregard of the law.  But, others think that, as long as the dog is well behaved and isn’t doing any harm, it’s not worth worrying about.  And, of course, there are people who feel the same way about their neighbor who is driving to work on a suspected license.  If he isn’t causing any harm, what’s the problem?

The drivers license analogy is not completely applicable to the Service Dog realm, however, because a legitimate disabled person with a properly trained Service Dog cannot acquire a truly legal (as in government controlled) certification.   It’s not an option.  So, while the ADA is protecting the rights of disabled Americans by refusing to add any additional burden to the population it is serving, it also does a disservice by not permitting a disabled person to use such a certification to both prove their status and to demand fakers are identified and prosecuted.

What is the answer?

The benefit of a national certification program is that it offers disabled individuals the opportunity to quickly establish their rights, if they are being questioned, as long as business owners of all types are educated about such a certificate.  However, the detriment is that some business owners may feel it is their right to request the certificate or deny access.  Therefore, if a certification program were implemented, a disabled individual must not be requested to show ID to access a business.  But, if access were denied, the document could be used to establish the individual’s rights.   

If there were due cause to suspect the dog was not a legitimate Service Animal, a business owner could ask to see the certification, but if the handler was not carrying the document and there was no cause to ask the animal to leave (due to bad behavior), the business owner could not deny access.  However, he could perhaps make a report to the police who could then follow up on the dog’s status and take any legal action if the handle truly was a “faker”.

It becomes increasingly more complicated as one begins to think about possible scenarios.  But, there are many good reasons to implement a centralized Service Dog certification program.  However, the numbers do the talking when it comes to the cost of implementing new governmental systems.   More than likely, the cost /benefit analysis would result in a No-Go answer whether it is prudent to implement a national Service Dog certification program at this time.  The cost to create the law and then enforce it needs to be weighed against the value the law will bring to society at large.   While nearly every county in every State has a Department Of Motor Vehicles location where drivers can acquire a license, it may not be feasible to have even one location in some states where disabled individuals can earn their certification for their Service Dog.  Since most people with disabilities are also in very low economic brackets, who will pay for their travel to the certification location?  How will the “testers” be trained and what will that cost?  Are there enough Service Dog teams to warrant creating a certification process at this time? 

 If “fakers” who travel in public with poorly trained dogs are not a big enough liability to public safety, it will be difficult to argue for a national program.  If States do not feel it is necessary to implement road blocks to review the status of every driver’s license, even in areas where droves of illegal immigrants drive poorly maintained and uninsured vehicles on public roads, I seriously doubt that the same government is going to think public safety is in jeopardy because a handful of people are taking their pets to Wal-Mart.  That does not suggest that I am tolerant of people who pretend to be disabled so that they can take Fifi into the grocery store.  But, the reasonable answer, today, is that a national certification program could significantly benefit some disabled people in our country.  It could cause some additional access issues for others.  It may be quite challenging to enforce anti-faker laws.  And, most than likely, a cost/benefit analysis won’t support such a program at this time.

What do you think?