Letter to my Senator regarding service dog fraud

                                        John Q. Public

                                        123 Main St.

                                        Pensacola, FL 91234

January 31, 2023

Senator Marco Rubio

284 Russell Senate Office Building

Washington, DC 20510

RE:  Curbing service dog fraud via Revision to ADA (Americans with Disabilities Act).

Dear Senator Rubio,

Service dog fraud is an extremely serious problem that needs to be solved.  Under the protection of the ADA, dog owners are abusing rules meant to help the truly disabled.  This behavior violates Federal, State and local health and safety laws as well as the association rights of others.   Fraudulent service dogs have injured bystanders and legitimate service dogs.   This extremely damaging behavior needs to stop.

The ADA requirement under consideration is expressed here:  https://www.ada.gov/resources/service-animals-2010-requirements/   under “Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals”.   It states that “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.”

The clause highlighted and underlined above is the root of the problem.  Without a straightforward proofing system, any dog owner can lie about their disability and / or service dog credentials.  That said, I propose the following change to the ADA, Service Animal Requirements:

⦁ Remove the clause stating “Staff cannot…. Require a special identification card or training documentation for the dog”.

⦁ Special permits, issued by a regulatory body, should be a requirement for any and all service dog related activities.  Permits may be issued to those that meet at least one of the following criteria:

1. Provide formal training documentation for the dog in question to the regulatory body indicated, OR

2. Demonstrate the dog’s ability to perform the service or task indicated to said regulatory body.

⦁ Penalties should be applied to those who do not comply with the revised provisions.

Pursuant to the above, the committee should open an investigation into exactly who is protected by these laws, and what constitutes legitimate service dog tasks.

Senator, thank you very much for taking the time to read my letter.  Your attention to this matter is very much appreciated.

Regards,

{signature here}

 

Letter to my state park director

As I noted in my "trouble in paradise" essay, I have been involved first hand in improving the park-going experience for our state park guests.  Note that the following has netted some decent results this year.

In addition to this, I have also been in direct communication with various individual park directors regarding various other pet related problems including:  Dog at large, dogs behaving threateningly towards people, pooping with failure to scoop, dogs harassing wildife, etc...

Anyway, here is the letter.  Note that a few details have been changed to protect the not-so-innocent!

"

Mr. Director, Director
State Park Service

XYZ Blvd

Tallahassee, Florida 32399

RE:  Dogs in State Park Campgrounds    

January 10, 2011             

Dear Mr. Director,

I am writing to inform you of a growing problem in your state park campgrounds.  First, let me say how much I enjoy the Florida state park system. Our State Park system is truly something for all Florida residents to be proud of!   It is one of the primary reasons I decided to relocate myself and my business to Florida from New Jersey 3 years ago.  Your staff has always been polite and helpful.

 I am a volunteer activity leader for the XYZ Chapter of the Trail Association and I organize and lead group hikes in the Northeastern Florida area.  I lead a group hike of 46 new hikers at Little Talbot Island this past Saturday, January 7^th.   Everyone enjoyed the hike and you have many new State Park enthusiasts!   Additionally, this activity brought hundreds of dollars into the park coffers and increased park attendance significantly.  I have also lead group hikes at O’Leno SP, Washington Oaks Gardens SP, Torreya SP, Suwanee River SP, and many other locations.  I also assist is work hikes maintaining the Florida Trail and I participated in a work hike at Gold Head Branch SP this past fall. 

One of our charters is to promote outdoor activities in the state of Florida:  Hiking, Biking, Bird Watching, Camping, etc… for a variety of reasons not the least being that this is a very challenging fiscal environment and we are facing a “use it or lose it” scenario in most of our natural areas.

I was also a registered camper at Little Talbot that weekend.  That is a SPECTACULAR campground… truly a world class destination!

So, imagine my dismay when I returned to my campsite this past Saturday to find the campground swamped in barking dog noise.  A camper in site #29 had left their dog alone in their pop-up unit and the animal was screeching and yelping constantly and in a most offensive manner.  The noise was loud enough to be clearly heard throughout the campground.   I notified park rangers who were able to locate the owner and demand that he return and quiet the dog.  However, it took 2.5 hours for the individual to return and do so, therefore nearly all the campers were subject to loud, offensive and useless noise pollution for almost the entire afternoon!   Clearly, other campers were agitated… walking over to the campsite looking for the owner, etc… The peace was destroyed in a most profound way.

Unfortunately, this is not the first time I have encountered an issue similar to the one described above.  I stayed in St. George Island SP over Christmas holiday and the situation was a bit similar.  The campground was full of dogs, several of them over-stimulated by the surroundings and unable to refrain from barking at anyone in the vicinity.  In that situation, no one dog or dog owner was a true nuisance, but loud barking could be heard throughout the campground more often than not due to the sheer number of dogs present.  One of your rangers referred to it as “dog city”.

Mr.  Director, this is a serious problem that needs to be solved.  Again, your rangers at Little Talbot were pro-active in locating the owner and ultimately resolving the problem but I am concerned that the problem erupted in the first place.  I understand that you want to accommodate as many folks as possible, but each of these troublemakers is going to drive away many, possibly dozens, of others.  If this problem is allowed to continue, I believe it would be a disaster for the State Park System.  Most people find loud barking offensive and the parks NEED to be a place people want to go.  I was crushed this past Saturday when I realized that much of the good I had sacrificed for that morning was offset in a negative way by an irresponsible dog owner.

Further, the State Constitution clearly states “SECTION 7. Natural resources and scenic beauty.—

(a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources”

Clearly, none of this noise pollution was useful or necessary.  These irresponsible dog owners are destroying the natural environment as well as violating other camper’s right to peaceful use of the space they have paid for.  Do all campers need a loud alarm to go off whenever someone walks down a park road or leaves their pet alone in their camping unit?   Further, the World Health Organization has determined that repetitive loud noises, such as barking dog noises, are a full blown threat to human health.  A barking dog can generate noise in excess of 105 decibels, loud enough to damage hearing!

With that said, I insist that the park service do more to preserve the peace within the State Park system.  Bringing any animal into a state park is a guest privilege, not a right.  I recommend any or all of the following:

-          Sternly remind all dog owners of their responsibilities.  If their dog is driven into a loud frenzy by the mere sight of another person, or if it’s uncontrollable for any reason, it should not be welcome in the park.  Have phone numbers and addresses of local kennels available.

-          Limit the number of dogs per campsite.

-          Empower park rangers to write citations for those disturbing the peace.  Irresponsible dog owners impose a cost on others and they should be held accountable for those costs.  These citations should be in excess of $100.00

-          Take affirmative action.  Require that all campground hosts and rangers patrol and work to ameliorate all nuisances immediately. Please do not wait for a complaint from another guest.

-          The status of dogs in the park system to be put on probation pending a review.  If the situation does not improve remarkably in the next 12 months, dogs to be banned completely from the park system.

Mr. Director, thank you for taking the time to read my letter.  The Florida State Park System is a true, world-class, gem and I want it to stay that way!

Regards,

John Q Public

Letter to my county administrator

The following letter was sent to my county administrator and county attorney in response to a proposed noise ordinance that granted malicious dog owners EVEN MORE LEEWAY in creating noxious noise pollution with their yard barkers!  Note the offending legislation was SHELVED, fortunately!

Note that names have been changed to protect the not-so-innocent!!!

"

                          John Q Public

                          999 xxxxxx Blvd.

                          AnyPlace, FL 32999

                          000-000-0000

                          MyAddress@hotmail.com

The Honorable  Michael D. Wanchick, County Administrator

500 San Sebastian View
St. Augustine, Florida 32084

RE:  Revised noise ordinance.   Sent via Certified Mail.

September 27, 2011

Dear Mr. Wanchick,

I am writing you today to inform you of several potential issues and problems I’ve found with the revised St. Johns County Noise Ordinance (Attached).  Of particular interest is Section 5, Subsection J titled “Animals”.  I believe the subsection in question raises the following issues:

1)      It neglects noise victim’s right to peaceful use of his/her home.   Refer to US Constitution Amendment 4.  Specifically, having loud pet noises broadcast into the home for frequent and/or extended durations is not only a threat to health, it prevents the occupant from using their property for what they want, i.e. Sleep, relaxation, quiet conversations, anything requiring concentration, etc…

2)      It neglects the noise victim’s right to equal protection of laws.  Refer to US Constitution, Amendment 14.  The 30 minute rule and multiple household rule represent a clear double standard when dealing with loud noises generated by pets.  I am unable to find similar rules under any of the other subsections.   Therefore, it appears that a vastly different standard is applied to pet owners as compared to the standard applied to fireworks enthusiasts or rap music aficionados.  

3)      It violates the Constitution of the State of Florida .  Article II, Section 7 of the state constitution clearly states:  Adequate provision shall be made by law for the abatement of .....excessive and unnecessary noise.  Loud pet noises of any frequency and/or duration are typically of an unnecessary nature.   For example, any household pet that creates loud noises for an extended period of more than a minute or two when there is not an emergency in progress is clearly generating unnecessary noise. 

I propose the following changes to the County Noise Ordinance, section 5 subsection J titled “Animals”:

1)       Remove the multiple household rule.  To my knowledge, no other laws have this requirement:  The requirement that multiple “vicitims” must step forward to trigger a citation is a clear violation of our right to equal protection.   A single complainant submitting suitable “evidence”, i.e. a video with sound of the violation in question, should be sufficient to trigger a citation.

2)      Reduce the duration.  The duration of animal noise sufficient to trigger a citation should be reduced from 30 minutes to FIVE (5) minutes without a break of 30 seconds or more.  Furthermore, video with sound should provide adequate evidence that a violation took place.  Again, no household pet should be generating loud noises for more than a minute or two when there has been little or no real provocation.   The reduced duration gives pet owners ample flexibility in controlling their pets.

3)      Active enforcement.  Police officers should actively cite owners of noisy and/or dangerous pets when on patrol or called to the pet owner’s location for another reason.  In addition to protecting the rights of others, this should generate significant additional revenue for the county.

4)      Provocation.   I believe that it is the responsibility of pet owners to control their pets and keep them quiet in normal circumstances.   The only exception(s) to the proposed changes I indicate above would be if there were a crime, medical emergency, fire, or some other similar emergency in progress on the property on which the animal is housed.   For example, pets should be prevented from behaving in a loud, threatening manner towards passersby in the street or occupants of neighboring properties.

Mr. Wanchick, thank you very much for taking the time to read my letter.  My only wish is that St. Johns County remain a great place to live for people AND animals!  

If you wish to discuss this issue further, you and/or your staff should feel free to contact me via mail, phone or email as indicated above. 

Regards,

John Q Public

CC:      County attorney Patrick McCormack

           

Attachments:  St. Johns County Revised Noise Ordinance.

                        Florida Constitution.