Service dog requirement question - Page 1

I could use some advice from those of you familiar with service dog requirements. 

My grandmother lives in a retirement community with her dog (not a service animal).  There is another man who visits his mother at the same facility and frequently brings his service dog with him.  I am told he has a disability (I do not know what it is) but I have never seen him.  Yesterday, my grandmother dropped her dog's leash for a second when this other man entered the building.  Her dog went up to the dog, did not touch him, and barked at him.  Apparently the dogs had an altercation right after she moved into the facility when the other gentleman's dog nipped her dog.  She did not make a formal report because no skin was broken.  So since then, her dog barks every time he sees this other dog.  Her dog is a rescue dog that was once abused and is skittish but has never been aggressive. 

Yes, my grandmother's dog was off the leash.  I get that is a HUGE problem in this situation.  However, this man is asking the management to evict her dog from the premises because his "service dog" should not have to deal with my grandmother's "viscous mongrel".  I have seen comments that businesses cannot ask a patron to provide proof that their dog is a certified service dog, but I'm wondering if there are cases when it can be required to show documentation.  Especially when another person is on the verge of having to give up their dog on the basis that the service dog that visits ocassionally has more rights than the tenant's dog.

Here are a couple of reasons why I question whether this is truly a service dog:
1)  The dog nipped my grandmother's dog almost 2 years ago when she first moved in.  I don't believe a service dog can be qualified as such if it is aggressive toward other animals.
2)  During this last incident witnesses have said that the service dog was straining at the leash and growling at my grandmother's dog.  They also say her dog did NOT touch the other dog - just barked.
3)  This gentleman leaves the dog with his mother at the retirement complex for days at a time.  If it was truly a service dog, shouldn't it be with the person it's serving at all times?  If he can leave the dog with his mom for days than does he really have more clout to bring the dog to the complex (and therefore require my grandmother's dog to be evicted) when it's apparent that he doesn't need it 24/7?

I could just use some advice if anyone can help me.  I have no problem with service dogs and I understand how important they are to people.  But this one doesn't seem to fit the bill and I just want proof that he is truly a service dog and has more rights than my grandmother.

Thanks!

There are a few experts on this sort of thing on the GSD board.  I would post this topic there.  I know what I think but I'm not going to speculate because pretty much every thread I see about Service Dogs on this forum is full of guesses and misinformation.  There are also state and local laws that may apply so we'd need to know where you are.

Out of sheer curiosity, how did it come to pass that your grandmother's dog and the service dog were close enough to have an altercation when your grandmother first moved into the complex?

Service dogs have a specific definition.  If the dog is left with "mom" for days, does not seem to fit the bill.  Below is the definition.  The trick maybe how you go about using this to help your mom.  Your best bet is to talk with a lawyer if you want to push.
 

A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:

_ Alerting persons with hearing impairments to sounds.

_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

_ Assisting persons with mobility impairments with balance.

A service animal is not a pet.

 

Here is some more info.
 

A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.

Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.

One also can't assume that just because the dog is sometimes left with the owner's mother means that the owner doesn't truly require the dog's services, either.

Thank you all for your responses.

In regards to how the dogs had an altercation in the beginning, I wasn't there but there is one main entrance in and out of the lobby at the retirement home.  Everyone coming or going goes through that entrance, so the dogs interacted in the lobby.  
My grandma says the dog approached her dog, growled and nipped him.  While I can't say that is for sure what happened, I 100% believe her dog is not aggressive.  Yippy?  Sure.  Aggressive? No way.
now she says her dog is scared of the other dog and barks at him anytime he sees him.  Her dog has never touched the other dog, so I'm wondering why she's at risk of losing her dog over it.  I'm going to go argue her case but I just want to know if there is a way to prove this questionable service dog really is one, since he seems to have more rights but doesn't follow service dog rules.
People stop by my grandmothers apartment just to visit with the dog!  He is adored by all and the other residents are in an uproar as well.  No one wants to see him go - except the man with the other dog.

I looked into this extensively as I am trying to move my rescue in that area, training dogs for vets with PTSD. Although there are several groups that claim to offer certification on 'service dogs' there are no actual requirements or regulations that a dog must do to be certified. Kinda scary actually esp for those who spend booko bucks on a dog they think is certified.

I would challenge the aggression issue with management and ask management to require this guy supply any documents he has to prove that his dog is indeed registered to be a service dog. If management gets involved then it takes you out of the picture. Its a tough issue because until the disability act, you can't really ask what this guys disability is. If I were management, I wouldn't just take his side. They may fine your mom for not having the dog contained but at least she would be able to keep her dog.

Barb

Hexe - fair enough, but that's what I'm trying to figure out.  I'm not familiar with the expectations and thought some of you might be.  
The fact that the other dog was on his hind legs, straining a his leash to get to my grandmothers dog (as stated by witnesses), that he's nipped my grandmother's dog in the past and that the dog is left with the mother for 2-3 days at a time makes me skeptical that he really is a service dog that deserves more rights than those of a tenant who pays rent 
just trying to understand....
 

Hi Jackie, there are various types of service dogs from medical alert, guide, mobility service dogs, & for metal health assistance, etc. each may have various levels of training & standards from various organizations. Most all service dogs though should have a ID card with certification / credentials clip onto their service dog vest. If not clip on may have ID card carry by handler. All service dogs require annual / regular renewal of certification or registration. 

Once again not all service dogs training from agency to agency is not created equal. This dog may be a service dog or may be with a puppy raiser as a service dog in training. But either way there is nothing wrong in asking for service dog certification / registration / where acquired from. Hopefully owner would be gracious in supplying info & not refuse. 

As for the dog acting aggressive with your mom's dog, I'm sure this would not have happen if the service dog wasn't force to take action. It doesn't matter the other dog was just barking, it was a distraction & could have been seen as a threat by the service to his handler. A service dog is still a dog so will behave as such by a threat / distraction to his job & handler. Now due to this event the dog may require some retraining