Recently, some state legislators have been pushing to change the laws here in Michigan about service dogs. We are encouraged by this renewed effort to provide people with disabilities, particularly those with mental and emotional disabilities, new protections. Often the laws have gaps that leave those with otherwise invisible disabilities, like our veterans, without full protections. Our federal laws—such as the Americans with Disabilities Act, are broad and are hard to enforce at times. Well-placed state laws can mean the difference between living a full life and sitting on the sidelines.
The proposed changes in Michigan would include the following
- A statewide voluntary registration system and uniform vest and identification standards.
- Criminal punishment for failure to accommodate a wider range of service animals, including psychiatric service dogs.
- Special and needed recognition of veterans’ need for service animals, especially for veterans with PTSD and TBI (state recognition is currently limited to physical impairments such as vision and hearing)
- A statewide listing of trainers who can provide training for service dogs (such a list is currently kept only for guide dogs for the hearing and visually impaired) to guide people towards legitimate resources in their communities.
When you are working with people using service animals as much as we do here at Stiggy’s Dogs, these gaps become evident right away. Let me give you some examples we have encountered. (The names have been changed to protect everyone involved.)
The Uneducated Supervisor. Veteran Tony and his service dog Jet are walking through Acme Department Store. Another customer complains about Jet. The supervisor informs Tony that he must leave. Tony informs the supervisor that Jet is a service dog, shows him the vest and says he has a right to be there. The supervisor asks to see registration papers. While the federal law (the ADA) prohibits the supervisor from demanding such documentation, the encounter itself triggers Tony’s PTSD and he leaves the store and has increased anxiety for weeks following. A simple voluntary registry would allow Tony to have such documentation on hand to avoid such situations.
The Lack of Criminal Enforcement. Veteran Anne and her service dog Drew are in a restaurant. Anne, who has TBI, is approached by the server and asked to leave. When Anne tells the server that Drew is a service dog, the server says she’s sorry but “you don’t look blind. My boss says no more dogs that aren’t guide dogs for the blind or I’m fired.” Because the state law does not cover Anne’s disability, the manager cannot be charged with any violation of the existing state laws and federal enforcement of the ADA is time consuming and often unsuccessful. Laws recognizing TBI in veterans as a protected class would help Anne feel more comfortable in public and prohibit the manager from making such regulations about the type of service animal allowed in the restaurant with the force of state law and potential fines.
The Problem with Fake Service Dogs. Veteran Ryan and his service dog Lex are at a baseball game. Another person approaches with a dog wearing a vest. However, that dog appears unruly and aggressive. When Ryan tries to walk around the other dog with Lex, the unknown dog snaps his leash and both dogs and their handlers are asked to leave. Ryan finds out after leaving that the other dog is not even a trained service dog. State laws that create a voluntary registry and require certain types of vests and patches to be used if on the registry would have helped discourage the other person from bringing in an untrained dog and calling it his service dog.
The gaps in the law perpetuate the problems these veterans encountered. Change is needed and we cannot do it on our own. Awareness is key, but the law must back it up. As an organization, we are grateful for the efforts of these legislators. While this will not solve all of the problems our veterans face when using their service dogs in public, these laws will go a long way to help the veterans Stiggy’s Dogs serves and all of those whose invisible disabilities are all too often ignored under the law.
Read more about the bills here.
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