New service dog scam?

Miami-Dade County, like some other regions, has banned pit bulls. We have the same ban here in Ontario. While there's a lot of debate over the quality and usefulness of such bans, the law is the law... until you find a loophole. 

That appears to be the case in Miami-Dade, where a growing number of pit bulls are being registered as service animals to make them exempt from the ban. This loophole could basically render the ban irrelevant considering there are no requirements for any special certification of service animals, and people are very limited in what they can ask regarding the service animal and its owner. Basically, once someone says "that's my service animal" the case is closed, since officials may not ask about why the person needs a service animal or require any proof that it's really a properly trained bonafide service animal.

This is just one more example of problems created by the vague nature of the Americans With Disabilities Act (ADA) when it comes to service animals. Continued questionable activities like this run the risk of creating barriers for people that truly need service animals. Unfortunately, until the government addresses this issue and ensures that there is some control over what constitutes a service animal, such abuses will persist.

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Service Dogs of Florida - October 28, 2010 8:35 AM

RE: Miami-Dade pit bull ban, and people claiming service dog to avoid it.

As you noted it's very hard to prove a service dog, as no id, vest or certification is required in the US.

So change tactics, there is one fundimental requirement to have a service dog under the ADA.
The person must be legally disabled under the ADA or states disability definition.
If they are not legally disabled they have no rights to have the dog in no-pet places.
Service Dogs in Training are not covered by the ADA, so it's up to the rules for each state on who, where and how it's trained.

We don't support questioning the person at the door, only after an incident has occured or something obvious, i.e. the dog jumps on a table or steals food from a buffet table.

We find the best way to catch a faker is to ask the person, "Are you disabled", since they must be to have one. A more forcefull question by the police: "Under penalty of purgery, are you legally disabled under the ADA or FL state law."
The officer may even read the definitions to them. If they say yes, the business owner and police are not allowed to ask more about it.

Though a few concerned customers have on occassion been rude and directly asked what the person has.
If the handler admits they really aren't disabled and there is a witness it's a 3rd degree felony in our state.
However, most fakers are uncovered when their dog bites someone, at which point they will be arrested or ordered to court, where it can be demanded they provide proof of disability.

We also remind businesses, that under the ADA, they have the right and duty to EJECT all uncontrolled, unsafe or unclean animals.
They must allow the handler to return without the dog to continue their original business.

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