View Full Version : A Legal question regarding service animals and the law in the US
Skelly
03-21-2010, 11:13 AM
The thread about pets in stores reminded me of something I've thought about for a while: Service animals can't be barred from entering stores, but ponder this question: Imagine that I own a small shop for this or that. Doesn't matter what kind, only that it's small. I'm also severely allergic to everything with fur (real me isn't, but for this argument I am). Is this (allergy to furry animals) a valid reason for not allowing service animals into my store?
Also, what if it is a shop that needs to be squeaky clean and sterile, say like a tattoo or piercing shop? Is that a legal reason to ban service animals?
Plaidman
03-21-2010, 12:01 PM
As far as I know, No. You cannot bar someone for that.
You do however, have the right to refuse service to anyone.
Its a fine line. But yeah.
Plaidman
03-21-2010, 12:04 PM
Here is a full list of that. Pretty much what it says. Doesn't matter if your allergic. if you have anyplace that allows customers, you must allow the service animals.
http://www.ada.gov/qasrvc.htm
Its one of those expections of laws.
Skelly
03-21-2010, 12:56 PM
Here is a full list of that. Pretty much what it says. Doesn't matter if your allergic. if you have anyplace that allows customers, you must allow the service animals.
http://www.ada.gov/qasrvc.htm
Its one of those expections of laws.
That's insane.
Lace Neil Singer
03-21-2010, 01:00 PM
Can you ask for proof that the dog is a service animal, tho? What if some Paris Hilton look a like brought in her purse dog, then snapped "It's a service animal!" when told she couldn't bring pets in?
fireheart17
03-21-2010, 01:04 PM
In Australia it depends on the location you're taking them.
I know that at the Adelaide Zoo, guide dogs are kept in a secure area away from the animals for health reasons (something could pass onto the guide dog or the guide dog could have something that'd be passed onto the animals). In just about ALL cases barring that, it's pretty much a case of "wherever you go, the dog goes." That also includes guide dogs in training. There have been quite a few legal cases in the past where a blind person has been refused entry to a restaurant or a taxi because of the service dog.
I remember reading a story in the company newsrag about someone who was training a guide dog and also working at a store. While the guy did odd jobs around the registers, he'd also train the guide dog, who'd sit in a basket in an area that was safe for customers and staff.
Speaking of which....what other animals are there besides service dogs? I know that just as far as dogs go, there are seizure dogs (usually Labs or German Shephards AFAIK), Hearing Dogs (basically they're to tell the deaf person when there's a sound like a doorbell or an alarm) and they're usually poodles, and the obvious guide dogs, which usually seem to be labs or german shephards.
MaggieTheCat
03-21-2010, 01:06 PM
In the OP's situation, I'm going to bet that if an owner of a small shop had such a violent allergy, and they just let the person with the service animal know about it upon entering the shop, some arrangement could be made. Another clerk could help the person with the service animal, or the animal could be left outside while the owner of the shop helps the customer. Unless the person with the service animal is a real ass -- in which case the owner of a shop would have reason to bar them anyway -- they will probably be accommodating.
That's insane.
What's insane?
Plaidman
03-21-2010, 01:26 PM
Can you ask for proof that the dog is a service animal, tho? What if some Paris Hilton look a like brought in her purse dog, then snapped "It's a service animal!" when told she couldn't bring pets in?
You may ask for it. However you may not insist on proof, and they are not required to prove it ether.
I got in big trouble and suspended for breaking that rule when I asked someone who has numourous times came in without her /service/ animal, her husband coming in with it at times when she was too lazy to come to store, and basically you just knew it wasn't a real service animal. However she said it was. That's all they need to say. Its stupid.
elsporko
03-21-2010, 02:46 PM
Speaking of which....what other animals are there besides service dogs?
Helper monkeys.
Skelly
03-21-2010, 04:07 PM
What's insane?
Just that a person who is perhaps violently allergic to animals will still have to allow them into his/her store.
Savannah
03-21-2010, 06:07 PM
Can you ask for proof that the dog is a service animal, tho? What if some Paris Hilton look a like brought in her purse dog, then snapped "It's a service animal!" when told she couldn't bring pets in?
There are very specific questions you are allowed to ask by law, and you pretty much have to go by the person's word. It is possible for tiny dogs to be service dogs, however, so that situation could be genuine.
Speaking of which....what other animals are there besides service dogs? I know that just as far as dogs go, there are seizure dogs (usually Labs or German Shephards AFAIK), Hearing Dogs (basically they're to tell the deaf person when there's a sound like a doorbell or an alarm) and they're usually poodles, and the obvious guide dogs, which usually seem to be labs or german shephards.
In addition to the helper monkeys already mentioned for people with paralyzed arms, there are dogs to help with mobility for people with balance issues or in wheelchairs (these dogs often pick things up, turn lights on and off, etc, as well), and also dogs for emotional support, for example for veterans with PTSD. This makes the whole asking for proof more complicated; if you have an anxiety disorder and your cute little pug is all that allows you to function, is everyone going to think you're lying when you say it's a service dog? I'd imagine that other species could be used for emotional support as well.
Also, I don't know if there are specific breeding/training schools where you are making the breeds you listed more common, but around here I generally hear of seizure dogs and hearing ear dogs being smaller breeds so that they are easier to take around.
BookstoreEscapee
03-21-2010, 06:28 PM
We had someone in the bookstore occasionally with a black Lab seeing-eye dog. The only issue I ever saw with him was a little girl about 6 who was afraid of him. She freaked out and her dad had to explain to her about what the dog did and that he was well-trained and would not hurt her. (The dog didn't even blink at her crying hysterically when she saw him.)
He was a beautiful dog; always wished I could pet him.
As for the question of dogs in a tattoo shop or something, I have no idea. We have a family friend who passed away recently, and she spent the last 5 weeks or so in the hospital, the last 2 were in hospice care (in the same room, though). They even allowed pets to visit in the hospital, as long as they had proof of all their shots. (Their dog didn't get to visit, though. My parents' were dog-sitting while she was there so her husband wouldn't have to worry about him, the day my mom was going to bring him turned out to be a bad day for our friend, so she didn't take him. They never got a chance to reschedule.)
I never thought about the allergy issue before. Frankly forcing someone to endanger their health IS insane.
draggar
03-21-2010, 07:46 PM
My wife uses a service dog for mobility assistance.
The thread about pets in stores reminded me of something I've thought about for a while: Service animals can't be barred from entering stores, but ponder this question: Imagine that I own a small shop for this or that. Doesn't matter what kind, only that it's small. I'm also severely allergic to everything with fur (real me isn't, but for this argument I am). Is this (allergy to furry animals) a valid reason for not allowing service animals into my store?
Also, what if it is a shop that needs to be squeaky clean and sterile, say like a tattoo or piercing shop? Is that a legal reason to ban service animals?
Here is a full list of that. Pretty much what it says. Doesn't matter if your allergic. if you have anyplace that allows customers, you must allow the service animals.
http://www.ada.gov/qasrvc.htm
Its one of those expections of laws.
But - if the person working in the shop explains the situation I'm sure most people who truly need a service dog will not have a problem coming in at another time or have someone wait outside w/ the dog (if they can be without the dog for a short period of time).
Also - the shop can excuse / remove a service dog if it is considered a nuisance (here's where you can usually separate the pets form the real service dogs). Things like being destructive (damaging property), chasing people, excessive barking, acting in a threatening manner, going to the bathroom in the store can give the store the right to ask them to leave (and have the handler pay for any damages).
Can you ask for proof that the dog is a service animal, tho? What if some Paris Hilton look a like brought in her purse dog, then snapped "It's a service animal!" when told she couldn't bring pets in?
There are very specific questions you are allowed to ask by law, and you pretty much have to go by the person's word. It is possible for tiny dogs to be service dogs, however, so that situation could be genuine.
You can ask:
"Is that your service dog" and "What service does it provide". While some responses are clear cut that it is truly a dog, there are many that people consider service dogs when they are not.
Therapy dogs are NOT service dogs (normally the handler is not the one who needs it).
Also, I don't know if there are specific breeding/training schools where you are making the breeds you listed more common, but around here I generally hear of seizure dogs and hearing ear dogs being smaller breeds so that they are easier to take around.
Those two are being trained smaller because of that reason. There only requirement of a service dog is that it assists the handler to live a normal life (and to alert to life threatening conditions).
There are schools that can train them but it is not required (there is also no official documentation).
Plaidman
03-21-2010, 09:10 PM
going to the bathroom in the store can give the store the right to ask them to leave (and have the handler pay for any damage
Indeed. Thats what my above post of lady who claimed /her/ dog did. Several times. She'd refuse to clean it up, saying she's disabled and just leave laughing.
So glad she got kicked out eventally for breaking our microwave.
wolfie
03-23-2010, 01:12 AM
Here is a full list of that. Pretty much what it says. Doesn't matter if your allergic. if you have anyplace that allows customers, you must allow the service animals.
http://www.ada.gov/qasrvc.htm
Its one of those expections of laws.
Actually, from what I've read in that link, it looks like you can ban a service animal if you're allergic:
10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?
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.
The hypothetical case in the OP was a small store (presumably a sole proprietorship) where the owner was allergic to dogs. Even if there were other staff, the owner would have to be able to come into the store from time to time, and shed hair/dander would still be a hazard even if the dog and the store owner weren't on the premises at the same time.
When someone is allergic to dogs, the mere presence of a dog in the store is a direct threat to their health or safety, so I believe this would be covered under this exception.
It's an interesting case - a condition (e.g. blindness) for which someone has a service animal is a disability, so prohibiting service animals is discrimination against someone with the condition. An allergy to dogs is a disability, so allowing service dogs into the workplace of someone who is allergic to dogs is discrimination against the person with the allergy. Obviously, you've got to discriminate against someone's disability - whose disability has a higher rank?
The part of the ADA to which I take exception is the bit about not being able to require proof of that the dog is a service animal - that's a giveaway to sucky customers ("You have to take my word for it that Poochiekins is a service animal - IT'S THE LAW"). By the same token, the customer shouldn't be able to require proof that the employee is allergic to dogs before being ordered to take their anaphalaxis-inducing threat to the employee's life off the premises.
jedimaster91
03-23-2010, 02:08 PM
Just that a person who is perhaps violently allergic to animals will still have to allow them into his/her store.
I never thought about the allergy issue before. Frankly forcing someone to endanger their health IS insane.
My cat allergy can be described as violent. And for some reason, pretty much everyone I know has cats. When I go to visit them, it doesn't take long for me to start having the itchy eyes, runny nose, and in really bad cases, wheezing. But I don't expect my friends to accomodate (sp?) my allergy. Sure, it's great if they at least vaccum a bit if they know I'm coming over, but if I go somewhere I might run into kitties, I take allergy meds before hand. And I keep a stash in my purse for emergencies. Since I can't get my Drixoral at the moment, I've been using generic Chlortabs and they are wonderful. And cheap. If someone's allergies are bad enough that having a service dog in the store is enough to set off an anaphalactic reaction, I would think they take precautions such as having an epipen on hand or taking meds.
We had someone in the bookstore occasionally with a black Lab seeing-eye dog. The only issue I ever saw with him was a little girl about 6 who was afraid of him. She freaked out and her dad had to explain to her about what the dog did and that he was well-trained and would not hurt her. (The dog didn't even blink at her crying hysterically when she saw him.)
He was a beautiful dog; always wished I could pet him.
When I worked at the library, one of the ladies that worked in the back had a service dog. Pokey actually was retireing just as I was leaving for my new job. Pokey got one day "off" once a week where she would still be around, but she had her harness off during the day. That was the day we all got to pet and coo over her. My last day at the library I sent some dog biscuits home with my coworker for Pokey's next time off.
Her new service dog is a beautiful black lab. Why can't service dogs be ugly so the rest of us aren't tempted by them? :p
Also - the shop can excuse / remove a service dog if it is considered a nuisance (here's where you can usually separate the pets form the real service dogs). Things like being destructive (damaging property), chasing people, excessive barking, acting in a threatening manner, going to the bathroom in the store can give the store the right to ask them to leave (and have the handler pay for any damages).
I wonder how many service dogs in training have fallen into this category since several typical service breeds have loooooooong puppyhoods. *cough* LABS *cough*
Therapy dogs are NOT service dogs (normally the handler is not the one who needs it).
There are schools that can train them but it is not required (there is also no official documentation).
Perhaps this is something that needs to be changed. I know when I was thinking about joining the local dog therapy group, they had special tags and harnesses to wear on duty. A special tag for the dogs to wear on their collars should be good enough documentation.
dendawg
03-23-2010, 04:04 PM
The part of the ADA to which I take exception is the bit about not being able to require proof of that the dog is a service animal - that's a giveaway to sucky customers ("You have to take my word for it that Poochiekins is a service animal - IT'S THE LAW"). By the same token, the customer shouldn't be able to require proof that the employee is allergic to dogs before being ordered to take their anaphalaxis-inducing threat to the employee's life off the premises.
The problem to that being that remedies to allergies are readily available, ie Epi-Pens, or allergy medications. No such remedy exists for many of the conditions that would require a service dog, however, such as blindness or mobility issues.
If someone's allergies are bad enough that having a service dog in the store is enough to set off an anaphalactic reaction, I would think they take precautions such as having an epipen on hand or taking meds.
The thing is, if the allergy is bad enough, what happens if they can't get to the meds in time, or they're taking them or they drop them or anything else like that. The problem to me is the endangering of someone else's health. It doesn't matter if they have meds to counteract it or not- if they have to take the meds, then their health is already endangered.
draggar
03-24-2010, 12:00 AM
I wonder how many service dogs in training have fallen into this category since several typical service breeds have loooooooong puppyhoods. *cough* LABS *cough*
We had that issue with MacLeod (the collie) once, but we also knew it was his last trip. I guess he wasn't feeling well as we were running though the airport to catch our flight home and.. well.. he had to go. In the middle of the terminal.
#2 also - a lot of it.
But, he was a 10 year old collie at the time. :(
DrFaroohk
03-24-2010, 12:09 AM
When I worked for Circle K the policy was that if any customer claims an animal is a service animal we just allow them in and don't drop it.
I heard somewhere that there is a type of service dog for the violent PTSDers, like basically the dog can sense when you're about to freak out and stab someone and it jumps on you or some such shit. Now that I think of it the source was unreliable so take it with a huge shaker of salt.
jedimaster91
03-24-2010, 05:57 PM
The thing is, if the allergy is bad enough, what happens if they can't get to the meds in time, or they're taking them or they drop them or anything else like that. The problem to me is the endangering of someone else's health. It doesn't matter if they have meds to counteract it or not- if they have to take the meds, then their health is already endangered.
So people who are disabled and have service dogs to help them function in public shouldn't be allowed to shop because an employee might have a bad allergic reaction? Honestly, I doubt many of us encounter service dogs on a regular basis unless we know someone who has one.
In addition to cats, I'm highly allergic to perfume/cologne*, which is far more common to run into than service dogs. So should everyone stop wearing perfume/cologne because they MIGHT run into me on the street and set off an asthma attack?
Hate to tell you, but EVERYONE'S health is ALWAYS in danger. We could all be hit by cars, fall off a fire escape, have a heart attack, or eat a bad sandwich and end up with botulism. If someone has that severe of a health problem, they take precautions. When you work in retail (or really anywhere), there is a possibility you will encounter service dogs. People who have such debilitating allergies HAVE to take precautions in order to function. Believe me, it sucks to have them. I've gotten so sick from being around cats and people who wear perfume that I wished I was dying. But there is no way to eliminate all contact with every single allergin. The world is not marshmallowy and safe. It's dirt and sharp edges.
*Oddly enough, body spray doesn't bother me unless it's vanilla-y
Plaidman
03-24-2010, 06:55 PM
So Jedimaster91,
Does that mean that if someone owns a shop, is the only worker there, that they need to /suck it up/ for that person with a service animal? Have severe allergic attack, (possibly death for those who are just that allergic), deal with the tiny hairs and dandriff that spreads throughtout there store, in the off beat chance that person with the service animal might buy a quarter item, or worst yet, just browsing? Why does the person with the service animal get priority? Just because their disabled? Yeah, everyone's health is in danger. That doesn't mean people aren't allowed to defend their lives, just because someone else has a disabity. Life isnt fair true. Life isn't fair that the person is disabled and requires and animal. Life isn't fair that a shop owner is so allergic that he can die from animal contact. Life isn't fair that disabled can't shop there. Life isn't fair that that owner lost a customer.
MaggieTheCat
03-24-2010, 07:03 PM
It's sort of a fine line here. What if, instead of a service animal, a customer came into a store eating a bag of peanuts, and the owner is highly allergic to peanuts? To the point that if that customer touches anything in the store, and then the owner has to touch it (say, exchange of money) the owner will have a severe reaction? Should the owner not ask that person to leave?
Obviously not everyone is allergic to dogs, or peanuts, so a disabled person wouldn't likely be walking around never able to take their service animal with them. But if a shop owner has an allergy and someone walks into their shop with something that is going to trigger that allergy, the shop owner should have the right to tell them to leave, for their own health and safety.
linguist
03-24-2010, 07:55 PM
It's sort of a fine line here. What if, instead of a service animal, a customer came into a store eating a bag of peanuts, and the owner is highly allergic to peanuts? To the point that if that customer touches anything in the store, and then the owner has to touch it (say, exchange of money) the owner will have a severe reaction? Should the owner not ask that person to leave?
by that same token, if someone has a pet allergy that is that severe, it's likely that any exposure, even indirect exposure, is going to trigger an attack. should they ban all pet owners because they might come in with pet hair or dander on their clothes?
jedimaster91
03-24-2010, 08:12 PM
Does that mean that if someone owns a shop, is the only worker there, that they need to /suck it up/ for that person with a service animal?
Legally? Possibly. ADA gets pretty irate if disabled people are denied stuff. A good lawyer could probably win that suit, too, because if the person wasn't disabled, they wouldn't need the animal ergo, disabled person was discriminated against because they're disabled. And we all know there's a lawyer that would take the case since ADA suits tend to pay out big bucks. Dog allergies aren't legally protected the way disabilities requiring the assistance of a service dog are. Personally, I've never heard of a dog allergy THAT severe, so the link you posted about "direct threat" to others may be stretching it. Not to say it doesn't exist, but there are far more common severe allergies such as peanuts.
Morally? In a perfect world everyone would be understanding and accomodating. And if you ever find that world, let me know. However, the day that one employee is working may be the only day the disabled person can get out and about. The disabled person may be the litigous type and sue for being asked not to bring the dog in despite being told of the employee's allergy. We all know SCs don't really care about our well being. Maybe they don't have anyone else to keep an eye on the dog while they shop. I know I wouldn't want to leave my dog unattended where someone might hurt or steal it. Or a thousand other possibilities.
The point I was trying to make is that people can expect REASONABLE accomodations by businesses, but they do have to take a certain amount of responsibility for themselves. I cannot expect a scented candle store to stop selling its product just because everytime I walk by I get a headache. That's not reasonable. It is reasonable for me to either avoid the store or make sure I have my medication with me if I do go in.
People with severe allergies cannot expect for the world to treat them like they live in a plastic bubble. They have to take responsibility for their own health safety because eliminating all possible contact with allergins is just not possible. Working anywhere around other people means there is a chance you will encounter service animals whether from customers or coworkers. That's a given, and those with bad dog allergies should be aware of this and be prepared for it.
I am not insensitive to those with allergies. I have a few myself and at times, it's miserable. But I know I have allergies that I sometimes can't avoid and I prepare for it. And that's the point I was trying to make: working people know they might run into service animals and if they happen to be allergic, they should prepare for it and take responsibility for their own health.
Plaidman
03-24-2010, 08:19 PM
Right. People with disabilities have the right to make people with allergies suffer. People with service animals are perfectly allowed to discriminate. They are 100 % allowed to cause people to get sick, and not be punished, because its not fair to expect them to shop somewhere else. They must shop at that store and have the worker get choked up, can't breath, suffer attacks. Because, well it sucks for them to be that sick. It is their fault their sick. Its completely unreasonable to not allow them to shop there.
Glad we have that cleared up.
DrFaroohk
03-25-2010, 12:12 AM
How allergic are we talking anyway? These all sound like extreme examples, what with the choking and dying, and I wonder how this person manages to even walk down the street without having a fatal attack.
While I'm sure such extreme cases exist, most of the people I've encountered with allergies have sniffly, runny noses, maybe a sore throat, and itchy eyes. It's really not any worse than a common cold. Usually around June or July I get hit with my pollen allergies, and its pretty severe at times but I'm not about to die.
I am fully aware that a case that severe would likely never happen. I was just curious what would happen. By the same token, though, if the case is really that rare, then it probably wouldn't effect the service dog owner that much to not bring the animal in. Since it would prbably only happen once in their lives.
If such a case did exist, I would think it would be sort of like triage. She with the most life threatening case is given way to. If the person with the dog allergy would end up hospitalized, and the disabled person wouldn't, hospitalized wins.
In the spirit of fairness, though, if such a person did exist, if they were that allergic to dogs, they'd probably never make it long enough to be old enough for employment anyway.
Nyoibo
03-25-2010, 02:14 AM
Same as people with severe penut allergies and such, they carry an epipen and take precautions to not come into contact with said allergen, if you have an allergy that severe you don't put yourself in a position where it can be set off at any time, usually this includes limiting exposure to other people.
elsporko
03-25-2010, 02:52 AM
I think if somebody is so allergic to dogs that being in the same building as one then they should probably invest in rubber gloves and a facemask when operating their store that doesn't have any other employees. Laws shouldn't be adjusted for this possibly one person in the world.
draggar
03-25-2010, 12:44 PM
I have asthma and it can be triggered by some animals, strong tobacco scents, marijuana, and a few other things.
So when I worked in retail (well, still now since I do support retail stores) I always had my inhaler within arms reach (usually in my pocket). I also had allergy pills in my bag if I ever felt an attack coming on.
If someone has a risk, especially a severe one, they need to take percautions to try to prevent or lessen the effects. Everyone can't go around and expect everyone else to suit to their own personal needs, everyone needs to take percautions for their own limitations and health issues.
jedimaster91
03-25-2010, 06:02 PM
Right. People with disabilities have the right to make people with allergies suffer. People with service animals are perfectly allowed to discriminate. They are 100 % allowed to cause people to get sick, and not be punished, because its not fair to expect them to shop somewhere else. They must shop at that store and have the worker get choked up, can't breath, suffer attacks. Because, well it sucks for them to be that sick. It is their fault their sick. Its completely unreasonable to not allow them to shop there.
That's not what I said. Sniffles are not a "direct threat" to the employee's health and therefore not a legal reason to remove a service dog. You seem to be stuck on the notion that people with bad allergies have the right to be isolated from all possible scenarios where they might be exposed to whatever makes them sick. It would be great if that were possible, but it's not. I would LOVE to go play with the kitties when I volunteer at the humane society. Despite being more of a dog person, I actually really love cats. But if I did I'd be a snotty, slobbery, wheezy mess. I know that there will be kitty bits floating around, so I avoid as much as I can and take meds to make sure I can breathe when I know I might be in a place with kitty bits. As I've been saying all along, it's not that I don't sympathize and it's not that I don't care that the theoretical employee would be miserabley sick. I've been there. It sucks. But when I get sick from being around cats, it's my fault for not preparing for it. What's that saying on CS we like to spout? Oh yeah: lack of preparation on your part does not constitute an emergency on mine.
In a simliar scenario, do I as a healthcare provider get to deny care to smokers because the residual cigarette smoke on their clothes might set off an asthma attack?* The tests I run generally do not have life and death results (I can think of two off hand that might) and the days I work I am the only one authorized to do those tests. I can't pass it off to a coworker because my coworkers are not licensed to run those scans. Legally and ethically, I am bound to do my job.
*Yes, it's happened. I was at the state fair in line for a concert and the goup in front of us must have smoked a pack an hour. I felt an attack coming on and *gasp* took meds to head it off and was all better.
fireheart17
03-28-2010, 02:07 PM
In Australia AFAIK, while the law says that if there's a claim it's a service animal, it's fine, I don't think people are too much aware of it.
In general, it's a common sense rule for most stores. Most, if not all service animals in Australia are marked with two things:
1) A vest of some sort identifying that it's a guide dog, guide dog in training, seizure dog or hearing dog.
2) A harness of some sort depending on the animal.
I'm wondering if the law both here and in the US could be that the animal is required to wear a vest or something that identifies it as a service animal. Might stop all the Paris Hilton wannabes from bringing their dogs in.
Plaidman
03-28-2010, 09:14 PM
I'm wondering if the law both here and in the US could be that the animal is required to wear a vest or something that identifies it as a service animal. Might stop all the Paris Hilton wannabes from bringing their dogs in.
It doesn't. They're suppose to, but alot of the /service/ animals don't like it. We can ask. But we cannot ask for proof. We must take their word period.
Which leads to their fucking dogs shitting in my store, owner laughing and leaving.
draggar
03-28-2010, 09:48 PM
It doesn't. They're suppose to, but alot of the /service/ animals don't like it. We can ask. But we cannot ask for proof. We must take their word period.
Which leads to their fucking dogs shitting in my store, owner laughing and leaving.
If you have their information then you can call the police on them. If the owner / handler is letting the dog go to the bathroom in the store (and leaving) then I'll put money down that it's not really a service dog.
Just remember the two questions you can ask:
"Is that a service dog?"
"What service does it provide?"
Therapy / companion dogs are NOT considered service dogs according to the ADA.
Plaidman
03-28-2010, 09:52 PM
If you have their information then you can call the police on them. If the owner / handler is letting the dog go to the bathroom in the store (and leaving) then I'll put money down that it's not really a service dog.
Just remember the two questions you can ask:
"Is that a service dog?"
"What service does it provide?"
Therapy / companion dogs are NOT considered service dogs according to the ADA.
Unfortanly corporate policy trumps that. I got written up for asking what service it provided. I may only ask if its a service dog. Corporate response to why the hell I should have to clean it up, was that obviouslly the owner can't since they have a service dog. I'm suppose to be the neighborhood friendly convience store, which means cleaning up dog shit.
One more reason that I can't wait til I'm out of there.
EDIT: And to add, we all know its not a service dog. Seeing as the owner has repeateldy come in here without said dog. Husband will sometimes come in with dog. Sometimes her neighbor kids comes in with dog. She begs people to pet her dog. (Which if I remembered right, they aren't suppose to be petted as they are working.
draggar
03-29-2010, 09:00 AM
EDIT: And to add, we all know its not a service dog. Seeing as the owner has repeateldy come in here without said dog. Husband will sometimes come in with dog. Sometimes her neighbor kids comes in with dog. She begs people to pet her dog. (Which if I remembered right, they aren't suppose to be petted as they are working.
If you see multiple people coming in with the dog then I think that is grounds for refusing entry - chances are all these people do not have the same ailment that would require that dog's training and services.
Also - most places it is law you have to clean up after your dog. If they leave it a mess in the store, call the police. It is a serious health risk. You don't know the dog's background so you don't know if they're passing worms onto the floor (granted - chances of them getting over to humans is low, but still) and if it's destroying the products in the store (I'm willing to bet it has considering how irresponsible the owner has been) you can refuse the dog and make them pay for the damages.
As for petting - it's up to the handler (but 99% of the handlers won't go out and ask people to pet their dog). But - you should *always* ask. I've lost count at the times some kid runs up to pet MacLeod, he gets distracted, and can possibly cause my wife to fall over. That was the disadvantage of having a collie - everyone loves a collie. No one goes near the German shepherd or the malinois and I'm sure no one will want to go near Luna (vlcak) when she's on duty.
It seems your corporate office knows jack about service dogs and service dog laws. If the dog ever acts aggressive you CAN and SHOULD call the police ASAP.
Lace Neil Singer
03-29-2010, 12:01 PM
The dogs for the blind round here wear special vests and harnesses that actually have on them, "Do not touch me; I'm working" to deter people from petting them, which is hard as they're nearly all labradors. XD
I once was sitting at an outside cafe table when this guy with a black lab guide dog sat at the table next to me. I was longing to stroke it but held back til the guy said, "You can stroke him if you want; he's off duty." XD Turns out this guy can see shapes and he knew I was there; he also was used to people wanting to pet his dog. XD
draggar
03-31-2010, 12:29 PM
The dogs for the blind round here wear special vests and harnesses that actually have on them, "Do not touch me; I'm working" to deter people from petting them, which is hard as they're nearly all labradors. XD
I once was sitting at an outside cafe table when this guy with a black lab guide dog sat at the table next to me. I was longing to stroke it but held back til the guy said, "You can stroke him if you want; he's off duty." XD Turns out this guy can see shapes and he knew I was there; he also was used to people wanting to pet his dog. XD
People never read those vests / capes. We have one for the dogs "Please do not pet me" and a picture of a hand with a line though it. of course, everyone wants to pet them.
MacLeod was the worst, being a collie. Everyone thinks "Lassie" and want to pet him. Like it's a free pass to pet himwhenever.
Zorro gets some attention mainly because of his face - he has a sweet face but people are more likely to ask before petting.
Kiri is a big German shepherd and very few people want anything to do with her.
If people ask nicely and my wife isn't relying on them too much she'll let people pet them, but she always keeps an eye on them (human and canine). It helps with the dog's socialization.
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