Laurel and her Dogs: March 2011

Wednesday, March 23, 2011

What's next, Jake?

First it was the squirrel... well documented in this post call "There's a squirrel in my basement!.
Then one day as I'm walking though my bedroom I noticed something on the rug... humm.. dead mouse. Could have been worse - it could have been buried in the bed so I guess all things considered, it was OK.
Yesterday, I was heading downstairs to do laundry again and saw something at the bottom of the stairs... my first thought ... a brush Jake had chewed up. As I got closer I realized that no... it was not a brush but rather a bird - a blackbird. - very dead. SO... I put the dogs in another room and looked for a pooper scooper and scooped it up. I realized then, it hadn't been dead for very long!!

Squirrel - mouse - blackbird - what next? All this in the last year when - YOU KNOW WHO - arrived on the scene!! The only other thing I've seen caught in the yard was a bunny (stupid bunny for coming in the yard) and it didn't last long!! Those dogs are gone now and I haven't seen a bunny since.

June 10, 2011 – walked out on my deck…. woodpecker… dead as a door nail.
June 28, 2011 – 6:30 am… a bit drowsy – in kitchen – commotion in living room – turn to watch Jake crash through stools and catch a chipmunk, drop it, look at it, look at me as if to say “there.. it’s yours”. (unlike Kobie who would have run with it to the woods and enjoyed it for breakfast.) I encouraged him to take it outside which he did as I surveyed the mess in my living room!!

Smile Smile Smile Smile Smile Smile Smile Smile Smile Smile Smile

Just a PS written in 2022 and yes Jake is still around at 12 years old. He has (in no particular order)...:

****dumped a possum on the porch that wasn't dead but playing possum.. He wanted to bring it in the house.

.****brought a large DEAD male possum to the garage that needed a show shovel to remove in the rain.
****caught and ate a groundhog. Apparently they are pretty tasty because he had no desire to eat the above 2 possum described and the others I found around the year.
****delighted in stalking, catching and killing innocent doves who were simply foraging in the grass.
****caught and consumed numerous rabbits as he learned to do from Brita who learned it from Ari who was taught by Josephine.

WHAT A GUY!!

Tuesday, March 15, 2011

Impersonating a Person with Disabilities… really???

Almost seems impossible to believe… doesn’t it?? Why someone would impersonate a disabled person to do something only a person with disabilities has the right to do. What the heck?? You’re probably thinking I’m making no sense. Here’s the short version:

Examples:

A dog trainer states that he has a service dog when making reservations for a flight. When arriving at the airport, he puts a service dog cape on his dog so he can take the dog into the cabin of the airplane.
A person keeps a “Service Dog in Training” vest for her dog and if the weather is hot, just puts the vest on the dog and takes it into a store with her so she won’t have to leave it in the car. The dog is not in training to be a service dog.

In both situations, the handler is representing that the dog is or will be a service dog. Now, if that’s true and the dog really will be a service dog performing tasks for a specific disability, then it’s ok. If it’s not true, then the handler is:

breaking the law and
doing a disservice to anyone who is disabled and really does need a dog. (not protecting your karma there…. )

So, if you're reading this and are thinking “oh my gosh, I didn’t know it was against the law” …my suggestion would be to not ever do it again. Why… because if you’re caught, it's a FELONY offense to impersonate a disabled person, AND/OR have your dog impersonate a service dog and punishable by fines and prison time. There are 2 questions that can be asked of a person with a service dog:

Is that a Service Dog?
What does your Service Dog do for you?

Here is a quote from one of the websites below:

“Being a curious person, I ask the person what the dog does for them, and they tell me nothing, they just answer the questions so they can bring their pet in as a "service dog". I usually alert store management, who alerts store security so the person can't leave, and the police are called, as well as animal control. This person who thought they could get past the law, finds themselves separated from a beloved pet, and themselves in jail, maybe facing a prison term.”

And here are some interesting links:

Several States with penalties:

Missouri: 209.204. Impersonation of person with disability for purpose of receiving service dog accommodations Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation. Any second or subsequent violation of this section is a class B misdemeanor. For purposes of this section, "impersonates a person with a disability" means a representation by word or action as a person with a disability or a representation of a dog by word or action as a service dog. CREDIT(S) (L.2005, H.B. No. 116, § A, eff. July 12, 2005.)

California: "Section 365.7 of the Penal Code prohibits any person to knowingly and fraudulently representing himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide dog, signal dog, or service dog, as defined in subdivisions (d), (e) and (f) respectively, of Section 365.5 of the Penal Code and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, and that a violation of Section 365.7 of the Penal Code is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine."

Wisconsin Laws state that their laws:

“apply to a service animal trainer only if the animal accompanying the service animal trainer is wearing a harness or a leash and special cape” and also the law “does not prohibit a service animal trainer from being required to produce a certification or other credential issued by a school for training service animals that the animal is being trained to be a service animal.”

However, regardless of state laws, the ADA prevails as the law of the land and does not limit the activities for which a service animal may be employed and specifically limit what can be asked of the handler.

Food for thought…. huh?

Monday, March 14, 2011

2010-11 Amendments to the ADA

Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794), as amended.

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 individual'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.

§ 35.136 Service animals

(a) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.
(b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if—
- (1) The animal is out of control and the animal's handler does not take effective action to control it; or
- (2) The animal is not housebroken.
(c) If an animal is properly excluded. If a public entity properly excludes a service animal under § 35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises.
(d) Animal under handler's control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).
(e) Care or supervision. A public entity is not responsible for the care or supervision of a service animal.
(f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
(g) Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity's facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.
(h) Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.
(i) Miniature horses.
- (1) Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
- (2) Assessment factors. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider—
  - (i) The type, size, and weight of the miniature horse and whether the facility can accommodate these features;
  - (ii) Whether the handler has sufficient control of the miniature horse;
  - (iii) Whether the miniature horse is housebroken; and
  - (iv) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
- (3) Other requirements. Paragraphs 35.136 (c) through (h) of this section, which apply to service animals, shall also apply to miniature horses.

Click here for the complete text.

Sunday, March 13, 2011

Spring is a week away… really?!?

All the pictures were taken with my phone because I wasn’t going to TAKE pictures so I left my real camera in the house. The snow was HARD and I think it eventually bothered Brita’s pads. The first 6 pictures are of Brita, then there is Jake and the last picture is of Kobie and Olivia. Olivia happily pranced out, went 10 feet and looked as me as if to say “this is NOT fun”!