New York Times
May 14, 2006
Wagging the Dog, and a Finger
By BETH LANDMAN
ON a sun-drenched weekend last month, cafes from TriBeCa to the Upper West Side were swelling with diners, many of whom left dogs tied to parking meters in deference to Health Department rules that prohibit pets in restaurants. At French Roast on upper Broadway, however, two women sat down to brunch with dogs in tow: a golden retriever and a Yorkie toted in a bag.
"They both said that their animals were emotional service dogs," said Gil Ohana, the manager, explaining why he let them in. "One of them actually carried a doctor's letter."
Health care professionals have recommended animals for psychological or emotional support for more than two decades, based on research showing many benefits, including longer lives and less stress for pet owners.
But recently a number of New York restaurateurs have noticed a surge in the number of diners seeking to bring dogs inside for emotional support, where previously restaurants had accommodated only dogs for the blind.
"I had never heard of emotional support animals before," said Steve Hanson, an owner of 12 restaurants including Blue Fin and Blue Water Grill in Manhattan. "And now all of a sudden in the last several months, we're hearing this."
The increasing appearance of pets whose owners say they are needed for emotional support in restaurants — as well as on airplanes, in offices and even in health spas — goes back, according to those who train such animals, to a 2003 ruling by the Department of Transportation. It clarified policies regarding disabled passengers on airplanes, stating for the first time that animals used to aid people with emotional ailments like depression or anxiety should be given the same access and privileges as animals helping people with physical disabilities like blindness or deafness.
The following year appellate courts in New York State for the first time accepted tenants' arguments in two cases that emotional support was a viable reason to keep a pet despite a building's no-pets policy. Word of the cases and of the Transportation Department's ruling spread, aided by television and the Internet. Now airlines are grappling with how to accommodate 200-pound dogs in the passenger cabin and even emotional-support goats. And businesses like restaurants not directly addressed in the airline or housing decisions face a newly empowered group of customers seeking admittance with their animals.
WHILE most people who train animals that help the disabled — known as service animals — are happy that deserving people are aided, some are also concerned that pet owners who might simply prefer to brunch with their Labradoodle are abusing the guidelines.
"The D.O.T. guidance document was an outrageous decision," said Joan Froling, chairwoman of the International Association of Assistance Dog Partners, a nonprofit organization representing people who depend on service dogs. "Instead of clarifying the difference between emotional support animals who provide comfort by their mere presence and animals trained to perform specific services for the disabled, they decided that support animals were service animals."
No one interviewed for this article admitted to taking advantage of the guidelines, but there is evidence that it happens. Cynthia Dodge, the founder and owner of Tutor Service Dogs in Greenfield, Mass., said she has seen people's lives transformed by emotional-support animals. She has also "run into a couple of people with small dogs that claim they are emotional support animals but they are not," she said. "I've had teenagers approach me wanting to get their dogs certified. This isn't cute and is a total insult to the disabled community. They are ruining it for people who need it."
The 1990 Americans With Disabilities Act states that anyone depending on an animal to function should be allowed full access to all private businesses that serve the public, like restaurants, stores and theaters. The law specifies that such animals must be trained specifically to assist their owner. True service animals are trained in tasks like finding a spouse when a person is in distress, or preventing people from rolling onto their stomachs during seizures.
But now, because the 2003 Department of Transportation document does not include language about training, pet owners can claim that even untrained puppies are "service animals," Ms. Froling said. "People think, 'If the D.O.T. says I can take my animal on a plane, I can take it anywhere,' " she said.
Aphrodite Clamar-Cohen, who teaches psychology at John Jay College in Manhattan and sees a psychotherapist, said her dog, a pit bull mix, helps fend off dark moods that began after her husband died eight years ago. She learned about psychological support pets from the Delta Society, a nonprofit group that aims to bring people and animals together, and got her dog, Alexander, last year. "When I travel I tell hotels up front that 'Alexander Dog Cohen' is coming and he is my emotional-needs dog," she said. She acknowledged that the dog is not trained as a service animal.
"He is necessary for my mental health," she said. "I would find myself at loose ends without him."
It is widely accepted that animals can provide emotional benefits to people. "There is a lot of evidence that animals are major antidepressants," said Carole Fudin, a clinical social worker who specializes in the bond between animals and humans. "They give security and are wonderful emotional grease to help people with incapacitating fears like agoraphobia."
Groups of pet owners with specially trained "therapy dogs" have long visited hospitals and volunteered after disasters. Following the 9/11 attack in New York, 100 therapy dogs were enlisted to comfort victims' families at a special center.
But Dr. Fudin said that emotional reliance on an animal can be taken too far. "If a person can't entertain the idea of going out without an animal, that would suggest an extreme anxiety level," she said, "and he or she should probably be on medication, in psychotherapy or both."
The question of when an animal goes from being a pet that provides love and companionship to an emotional-support animal, without which an owner cannot get through a day, is subjective.
Elicia Brand, 36, said the role her Bernese mountain dog played in her life changed drastically after Ms. Brand suffered severe traumas — being trapped on a subway during the 9/11 attack and being raped the next year. "I am a strong person and it almost did me in," she said of the rape. "My dog was my crutch. If I didn't have him I wouldn't be here now." After Sept. 11, Ms. Brand enrolled her dog in disaster relief training and put him through 10 weeks of training so he could be a therapy animal to others as well as herself. The dog now accompanies her everywhere, even to work. She also sees a therapist and takes medication.
One reason it is difficult to sort out the varying levels of dependency people have on their animals is that it is a violation of the disabilities act to inquire about someone's disability, and although service animals are supposed to be trained, there is no definitive list of skills such animals must have.
"The A.D.A. started with the idea of the honor system," Ms. Froling said. "The goal was to make sure that people with disabilities were not hassled. They didn't list the services an animal should perform because they didn't want to limit creativity, and they didn't want to specify dogs because monkeys were being trained in helpful tasks."
These days people rely on a veritable Noah's Ark of support animals. Tami McLallen, a spokeswoman for American Airlines, said that although dogs are the most common service animals taken onto planes, the airline has had to accommodate monkeys, miniature horses, cats and even an emotional support duck. "Its owner dressed it up in clothes," she recalled.
There have also been at least two instances (on American and Delta) in which airlines have been presented with emotional support goats. Ms. McLallen said the airline flies service animals every day; all owners need to do is show up with a letter from a mental health professional and the animal can fly free in the cabin.
There is no way to know how many of the pets now sitting in coach class or accompanying their owners to dinner at restaurants are trained in health-related tasks. But the fact that dog vests bearing the words "service animal" and wallet-size cards explaining the rights of a support-dog owner are available over the Internet, no questions asked, suggests there is wiggle room for those wishing to exploit it.
One such wallet card proclaims: "This person is accompanied by a Service Dog — an animal individually trained to perform tasks for people with disabilities. Service Dogs are working animals, not pets." On the back is a number to call at the Department of Justice for information about the Americans With Disabilities Act.
One 30-year-old woman, a resident of Croton-on-Hudson, N.Y., said she does not see a psychotherapist but suffers from anxiety and abandonment issues and learned about emotional-needs dogs from a television show. She ordered a dog vest over the Internet with the words "service dog in training" for one of the several dogs she lives with, even though none are trained as service animals. "Having my dogs with me makes me feel less hostile," said the woman, who refused to give her name.
"I can fine people or have them put in jail if they don't let me in a restaurant with my dogs, because they are violating my rights," she insisted.
In general, business owners seem to extend themselves to accommodate service animals. Though Completely Bare, a chain of health spas in New York and Palm Beach, Fla., has a policy barring animals in treatment rooms, Cindy Barshop, the company's owner, said that she made an exception for a customer who insisted that she needed her large dog for support while she had laser hair removal. "We had to cover the dog with a blanket to protect its eyes during the procedure," Ms. Barshop said.
One area in which business owners have resisted what they see as abuse of the law is housing. Litigators for both tenants and landlords say cases involving people's demands to have service animals admitted to no-pets buildings in New York have risen sharply in the last two years, with rulings often in the tenants' favor.
"If you have backing of a medical professional and you can show a connection between a disabling condition and the keeping of an animal, I have 99.9 percent success," said Karen Copeland, a tenants' lawyer.
One of her current clients maintains that she needs an animal in her apartment because she is a recovering alcoholic and, apart from her pet, all her other friends are drinkers. Another client, Anthony Milburn, lives in Kew Gardens, Queens, with five cocker spaniels and one mixed breed. He says he has severe chest pains from stress and has a note from a social worker saying that he relies on his pets for his emotional well-being. He is pursuing a case against his landlord.
Bradley Silverbush, a partner at Borah, Goldstein, Altschuler, Schwartz & Nahins, the largest landlord law firm in New York, said people are manipulating the law.
"I'm a dog owner and a dog lover but to claim emotional support is beyond affection," he said. "People send letters from doctors saying the person relies on the animal, or a person has just lost a parent and purchased a Pomeranian. Some doctors will write anything if asked by a patient."
Jerri Cohen, the owner of a jewelry store in Manhattan, said she tried living without animals when she married a man who bought an apartment in a no-dog building. "I went into a severe depression and had to go on medication," she said. "Three years later a friend bought me two pug puppies, and I refused to give them away. My co-op threatened us with eviction. An attorney suggested I get a letter from my psychiatrist. She wrote that I was emotionally needy and the lawyer said that was no good. So she wrote that I can barely function or run my store without them. I won the case.
"They sleep with me," she said. "They have a double stroller. They go to restaurants with me and fly with me."
so I'm guessing she knows a thing or two about dogs!
