I have a service dog(mobility assistance) & have lived in my condo for 2 yrs. upon moving in here I provided?
Posted: January 17th, 2011 | Author: | Filed under: Q & A | Tags: assistance, condo, dogmobility, here, Lived, moving, provided, service, upon, yrs. | 8 Comments »the association with all of his training,shots & pertinent papers including(at their insistance) a letter from my from my Dr. stating the reasons for & absolute need for my dog. My dog has never had any complaints lodged against him and is an integral part of my life. My mobility has improved & I currently do not use his leather harness w/handle for support but could need to do so at any time. Since I’ve lived here his ID vest has not been required when walking or taking him to potty. Now the BOARD is DEMANDING his vest is to be worn at all times when he is out. This would be confusing for him since when his vest is on him he is in working mode. What are my rights? Do I have to comply when doing so will result in undermining his training & restrict his free,non-working time. I have Parkinsons and a balance disorder that has improved w/new meds. & am on total disability.
I Iive in Tarpon Springs,FL. There is a 35 lb. weight limit in this complex, my dog is 70 lbs. He was trained by myself & my son and tested by a professional trainer for 2 weeks & passed on ALL points ! I believe someone has complained re: his size. Hence the BOARD is now trying to enforce a rule that was not there to begin with. I’m a respectful,peaceful resident & have had NO problems here otherwise. There is NOTHING in my lease in reference to this new rule.
There are many dogs here.
My dad has Parkinson’s and I’ve wondered about a service dog for him. I wasn’t sure that they had service dogs specifically for that.
I don’t believe that they can force you to keep the ID vest on the dog. I’m pretty sure that would violate the ADA (Americans with Disabilities Act). Contact your State Attorney General and find out for sure.
ETA: I just checked and you are not required by law to keep your dog “dressed.” I would still check with the State Attorney General to see if the condo association can force you to. They may get in trouble for it actually.
you should call the agency you got him from and ask them about your and his rights. especially if it will be detrimental to his training.
also you should have some kind of rights because of your disabled status.
As long as you provide the board with the proper paperwork, that is usually all that is needed. They should already know the dog is a working dog. Here is a quote from the Americans With Disabilities act.
“A Service Dog is defined in the Americans With Disabilities Act as “any guide dog,
signal dog, or other animal individually trained to do work or perform tasks for the
benefit of an individual with a disability, including but not limited to guiding
individuals with impaired vision, alerting individuals with impaired hearing to
intruders or sounds, providing minimal protection or rescue work, pulling a
wheelchair, or fetching dropped items.”
Service Dogs must be allowed to go anywhere their handler goes, including
restaurants, schools, buses, taxis, airplanes, stores, movie theatres, concerts,
sporting events, doctor’s offices, and any other public place. It is REQUIRED under
federal and state laws that they be allowed. They do not have to wear any specific
identifying gear, including vests. Many Service Dog users choose to dress their
dogs in a vest or other identifying apparel in order to make access easier, as it
avoids many questions and confrontations. This is a personal choice, and is NOT
REQUIRED UNDER THE LAW.
According to that, your dog does not have to wear a vest of any kind, even when out in public, let alone in your apartment complex.
I would think that your rights would prevail. Just based on personal observation when I have seen service dogs whether at public places or condos, apartments, etc. there are usually not limitations on them because of the need that they serve. Good luck!
If that specification was in your lease then yes…im assuming it wasnt because that sounds pretty ridiculous…you should talk to the managers supervisor and explain the situation..if she is unwilling to help or work with you then i would get a lawyer…there is no good reason for it…i could understand if they didnt allow dogs in your compolex and yours was the only dog but otherwise…ridiculous!
I think you should contact your state Bar association and find out if there is an attorney who specializes in ADA law. If you are tight on funds, ask the state Bar if there is a lawyer who can help on a pro bono basis – as pro bono work, the lawyer will take your case free of charge. This kind of law is tricky, because it involves (from order of most important to least important): (i) the Americans with Disabilities Act (“ADA”), plus (ii) any sorts of additional ordinances or policies regulating dogs and/or service dogs on a federal, state and/or local level, plus (iii) any condominium rules or requirements, which may be recorded in the real property records. Ultimately, the answer can change based on where you live.
PLEASE SEEK LEGAL COUNSEL – everyone saying that the ADA automatically protects you is wrong. According to the Attorney General, “Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.” Your condominium complex is NOT a business that serves the public, so they MAY have the right to force you to satisfy other requiremets in addition to those imposed by the ADA. You may qualify for FREE legal help on a pro bono basis – take advantage of that!!
i 2nd the previous motion about contacting the state attorney and looking into the ADA, i’m sure the ADA has someone you can speak to about this. can he not have another type of ID-badge? maybe like a specific collar? making him wear the vest on his time off is ridiculous! and something needs to be done ! maybe these can help
http://www.workingdogs.com/doc0114.htm
http://www.k9man.com/service_dog_access.htm
I would let the organization that helped you get and train the dog – take this on. They are the best ones to talk to management about issues on on duty or not.
I would guess that what has happened is that someone who wants a dog – has pointed out that your dog is out playing so it must not be a service dog etc etc. Typically if a service dog is where a dog is not allowed they need to be identified – some use a leash that has been imprinted.
I have to say that I live in a small town and there is a couple that put vests on their dogs and take them into the grocery store and they are not service dogs, they are not service dogs in training. Those are the things that make it hard for those in true need.