[mygalinasoo]

My sister has hydrocephalus. She is 23 years old and has endured over 40 neurosurgeries. Sometimes multiple a year. This year she has been through 3. She is also married to a Marine who is deployed to Afghanistan.

As of right now she can no longer work. She simply cant stand long enough to do anything. Nor can she sit. She has to lay otherwise she gets a pounding migraine. This is due to the fact that the valve the doctors have placed to conduct her cerebral spinal fluid out is not quite right and basically dehydrates her brain when she stands. Her only friend is her pit bull. He lays with her and basically provides the companionship she does not have. He helps her in and out of bed and up and down off of the couch, basically the only places that she can go. Her doctors and the state of California recognize her dog as a service animal, but on the level of a psychological need. He is registered as a service dog.

But her apartment complex is telling her that they can breed restrict her service animal because he is a pit bull. Have you EVER heard of anyone being able to breed restrict a service animal? If he has the proper registration with the proper authorities, it was my understanding that a service animal may not even be charged pet rent, because they aren't pets. It would be like charging someone to use a wheelchair.....any input would be great.

[BoattyGonm]

From what I have heard they can't do that...But that is just here say, no real answer sorry. IMO its bull shit!

[Nidsstese]

Ya I'm pretty sure they have to allow the dog anywhere a person can go regardless of the breed.
I would call the landlord and tenant act (if you guys have that) and see.

[addyta.org]

I know they can't do that. My dad has a pit bull that is a service dog and the apartments said the same thing.. court said they cant do that and he got his dog and his apt.

[nerohedfrs]

My understanding of the Americans with Disabilities Act and the Fair Housing Act is that you can't discriminate against the owner or the dog (unless the dog has done some misdeed, ie: bit someone).

[jokilewqs]

Yea sounds like a giant flag of bullshit to me, I was wondering the same thing about Bear because he will be considered my service dog for PTSD and anxiety and I looked up a lot of stuff and they cant discriminate on what kind of dog you choose to use.

[suingincentix]

People will try to get away with bullshit like that - don't let them! They cannot discriminate based on the breed of the dog. You can print documents from the ADA website to show them, and if they still don't believe you it may be necessary to get a lawyer involved.

[Kimeoffessyr]

If I remember correctly, folks with service dogs and disabilities had this issue in Colorado (most likely Denver, pretty sure there's a breed ban there). Probably worth it to look that up.

[Qxsumehj]

Try contacting Dawn of chako.org, I know she's got a lot of info on service dogs and law.

[formobilagsw]

The ADA has said before that places can not discriminate against breed when it comes to service dogs.

[bellson]

If I remember correctly, folks with service dogs and disabilities had this issue in Colorado (most likely Denver, pretty sure there's a breed ban there). Probably worth it to look that up.

Yup. 3 people that I know of took Denver to court because their breed ban did not exempt service dogs. As of July 2010, a Department of Justice judge ruled that breed bans DO NOT apply to service dogs as far as the ADA is concerned.
http://www.thedogplace.org/LEGISLATION/Service-Dog-Ruling-10081_rep.asp

Yesterday, July 26, 2010, was the 20th Anniversary of the signing of the Americans with Disabilities Act (ADA). The Department of Justice (DOJ) took the opportunity to release its final rule in order to adopt enforceable accessibility standards. Contained within the exhaustive document is the DOJ's explicit rejection of the idea that service dogs can be restricted by state and local governments based on breed.

In Subpart A, Section 35.104, Definitions, the idea of Breed Restrictions is addressed:

The Department does not believe that it is either appropriate or consistent with the ADA to defer to local laws that prohibit certain breeds of dogs based on local concerns that these breeds may have a history of unprovoked aggression or attacks.

[mygalinasoo]

Yup. 3 people that I know of took Denver to court because their breed ban did not exempt service dogs. As of July 2010, a Department of Justice judge ruled that breed bans DO NOT apply to service dogs as far as the ADA is concerned.
http://www.thedogplace.org/LEGISLATION/Service-Dog-Ruling-10081_rep.asp

Yesterday, July 26, 2010, was the 20th Anniversary of the signing of the Americans with Disabilities Act (ADA). The Department of Justice (DOJ) took the opportunity to release its final rule in order to adopt enforceable accessibility standards. Contained within the exhaustive document is the DOJ's explicit rejection of the idea that service dogs can be restricted by state and local governments based on breed.

In Subpart A, Section 35.104, Definitions, the idea of Breed Restrictions is addressed:

The Department does not believe that it is either appropriate or consistent with the ADA to defer to local laws that prohibit certain breeds of dogs based on local concerns that these breeds may have a history of unprovoked aggression or attacks.

Thank you. I think that they are trying to win an argument that they know they will loose. I get so tired of people bullying others because they have this breed.

[HedoShoodovex]

The ADA has said before that places can not discriminate against breed when it comes to service dogs.

They can if the dog is not really a service dog. A dog needed for psychological purposes vs a dog recognized as a service animal by the ADA are 2 different things and thus have different rights. That issue has been discussed at length before, but could be contributing factor as to why they are able to discriminate.

[bellson]

The first guy to file suit in the Denver case is a war vet with PTSD and his service dog is for psychological purposes.

[HedoShoodovex]

I'm aware. I'm just saying that opened up a new can if worms with people claiming their dogs as service dogs for 'psychological' reasons just to avoid breed bans, such as in denver. That made the ADA crack down on what a service animal actually is, creating stricter guidelines for non-physical assistance dogs (PTSD vs sering-eye for example).

[tLO0hFNy]

the OP said this dog IS registered as a ADA service dog. if so, they have NO right to deny her dog.

[bellson]

Newest definition:
Effective March 15, 2011, “Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.”
Key changes include the following:
1. Only dogs will be recognized as service animals.
2. Service animals are required to be leashed or harnessed except when performing work or tasks where such tethering would interfere with the dog's ability to perform.
3. Service animals are exempt from breed bans as well as size and weight limitations.
4. Though not considered service animals, businesses are generally required to accommodate the use of miniature horses under specific conditions.
Until the effective date, existing service animals of all species will continue to be covered under the ADA regulations.
Existing policies that were clarified or formalized include the following:
1. Dogs whose sole function is “the provision of emotional support, well-being, comfort, or companionship” are not considered service dogs under the ADA.
2. The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.
3. “The crime deterrent effects of an animal's presence” do not qualify that animal as a service animal and “an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal.”

So, you can still have a service dog for psychiatric, but apparently it cannot be just for "emotional support". Doggie has to also prevent you from doing destructive and/or impulsive things. A lot of people in treatment, by that standard, could still get their shrink to say their dog is a service dog.

[vdw4Epsi]

From what I understand is if the dog is an actual service dog than they can't do it. We had an APBT living in our last complex because it was a service dog.

[GogaMegaPis]

I'm aware. I'm just saying that opened up a new can if worms with people claiming their dogs as service dogs for 'psychological' reasons just to avoid breed bans, such as in denver. That made the ADA crack down on what a service animal actually is, creating stricter guidelines for non-physical assistance dogs (PTSD vs sering-eye for example).

As long as the dog is a certified assistance dog with a service dog agency(like ADA),they can NOT discriminate and reject the dog. Without documentation/ID,they can reject a ''service'' animal on the grounds of no ID(basicly no proof the dog is what they say it is).

[suingincentix]

Actually, legally a service dog does NOT have to be registered as such with ANY organization and it is illegal for anyone to ask for such proof - (It says staff because it is outlining where a service dog is allowed entrance)

When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two 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 cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. http://www.ada.gov/service_animals_2010.htm

That is the biggest issue I have with Ruger. I encounter a lot of "He's not a lab or a shepherd - where is your proof that he is a service dog?" - which is illegal. It's also why a lot of people get away with having "service dogs" that really are anything but, and affect people who use legitimate service animals in negative ways because of previous bad encounters that businesses/landlords/etc. have had with "service animals" that are not real.