ADA Service Dog Question

[SDUsr]

Hi, I found this thread via a Google Alert (e-mail for the search term "service dog") and would love to help you out! I'm disabled and have a service dog, so I know the laws well.

You are correct that therapy dogs are not service dogs. You are correct that therapy dogs do not have any type of legal public access. They are pets through and through. The "therapy dog" designation is just so hospitals and such know that the dog has been trained to meet certain requirements before they choose to invite the dog into the building. The therapy dog does not otherwise have access to the building; they must be invited.

You are also correct that emotional support dogs are not service dogs. You are correct that emotional support dogs do not have any type of legal public access. They are pets that a doctor has prescribed for a person who has a mental disability. The pet helps the person emotionally by its presence, being cared for, cuddling, etc. - by just being a dog. It is not trained to help the person in any way.

There are service dogs for people with mental disabilities - these are called psychiatric service dogs, not psychotic service dogs. These dogs are trained to do tasks that mitigate the person's actual mental disability. The problem is, a lot of people try to cheat the system by saying their mental conditon is a disability when it isn't and/or by saying their dog is a psychiatric service dog for them when the dog does not do any tasks or the things the dogs have been trained to do don't mitigate the person's disability (i.e. the dog can retrieve items, but the person does not have any difficulty getting items themselves; the dog carries medications in a pack on its back, but the person is able to carry medications in their pocket, purse, or other bag).

A service dog is a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. A disability is a physical or mental impairment that substantially limits one or more major life activities (examples of which are seeing, hearing, walking, caring for self, etc.).

Businesses are allowed to ask three questions:
1. Are you disabled? (Yes or no answer; you cannot ask what their particular disability is.)
2. Is this your service animal?
3. What tasks has your service animal been trained to do that mitigate your disability? (The person must name at least one trained task their dog does that mitigates their disability.)

A business cannot demand to see certification, ID, paperwork, prescription, etc.

Even though most people say "service dog/animal access", it is actually the person who has access, not the dog. The person is able to bring the service dog with them under the law because the service dog is legally a medical device (like a wheelchair or cane), not a pet. The law is a person cannot be denied access because of their disability. If somebody denies access to a person because they use a service animal (or because they use a wheelchair or because they use a cane), they are denying a person access because of their disability and that is against the law.

There is no set $25K fine for denying a disabled person access, so it sounds like this lady is money-hungry or just trying to scare you into letting her bring her pet with her. The ADA is a civil rights law, not a criminal law; the point of a lawsuit is access, not money, but not everybody realizes that. Nor do they realize all the proof they will need for a lawsuit (proof they are disabled, proof the dog is trained to do tasks that directly mitigate their disability, and proof they were excluded because of their disability and not for another reason such as their attitude or smell/uncleanliness/etc.).

Besides asking the questions, you can observe the animals' behavior. If the animal is at the person's side (or slightly ahead, for animals that guide or pull for tasks) except when doing a task (such as retrieving an item), the animal is obedient, the animal is under control, and the animal otherwise acts "invisible", there is a good chance it is a service animal. If the animal is misbehaving, breaking items, causing accidents, barking, or otherwise being a nuisance, it is likely to be a pet. Even if a real service animal is disruptive (such as barks repeatedly during a movie, breaks an item, or otherwise is not under control), you can legally exclude them.

As for your particular situation, under the federal laws, you should exclude this lady's dog from your business. A therapy dog has no place or legal standing in your business, nor does an emotional support dog. A service dog must have been trained to do tasks that mitigate the person's disability, which the lady is not answering that her dog does any such thing, so she cannot bring her dog in.

Before you do anything, however, DO check your state's laws; I have heard rumors that Utah wanted to pass a law giving emotional support animals access to public places. I don't know if that law was ever passed or what the specifics of it are. You should be able to find the law on your state's Web site or at your library. (For all Utah businesses' sakes, I hope the law was not passed!)

I hope this helps!

 

[SDUsr]

1. There is no Federal law regarding service animals

That is completely not true! The Americans with Disabilities Act (ADA) specifically covers service animals: Department of Justice ADA Title III Regulation 28 CFR Part 36

2. Each individual state is required to list what they will accept as a service dog and an assistant dog.

That is also not true. Individual states may or may not have laws regarding service animals. They can say whatever they want to say, but the federal law supercedes them. So, if a particular type of service animal is not covered under a state's law, that in no way means people who use that type of service animal can be barred from a public place.

In some states, the state law gives more access or laws such as what happens if somebody hurts or kills a person's service animal. (In order for those laws to be used, the person must fit under the state's law, of course.)

3. In the state of Washington a business owner is only allowed to ask if the dog is a service animal. They are not allowed to ask what type of disability a person has nor are they allowed to ask what type of "support" a service dog offers to the person.

Businesses in all states may ask if the person is disabled, if the animal is a service animal, and what tasks the animal has been trained to do that mitigate the person's disability. They cannot ask what the person's diagnosis is, of course.

4. It is required that each person carries a little id card for the dog which basically states that the company that trained the dog has the means to do the training and that it is all legal with the state.

There is no such requirement under the federal law, therefore you cannot demand any sort of ID, paperwork, or certification from any service animal team. While some state laws may state an ID requirement, the federal law supercedes the state law, so all disabled persons with service animals under the federal law do not need to show such proof for access. If the state law offers any advantages the federal law does not offer, the person must follow state law for such advantage, in which case an ID may be required if that is what the state law requires - but access is not such an advantage, therefore asking for ID or any other paperwork is illegal.

Check your state laws before taking your animal into public and claiming it is a service animal. It is legal for a "restaurant" to ask you to leave if you don't have the "trained card" but they can not ask you to leave because they are a service animal or a "support animal".

It is not legal for a restaurant (or any other public place covered under the ADA) to bar a disabled person and their well-trained service animal for any reason. The business cannot ask for a "trained card" or any other sort of ID/certification.

Also, allergies and fear of dogs are not valid excuses to bar a service animal. Dog allergies almost never reach the status of being a disability, but even if the person's allergies are disabling, the business must give access to both the disabled person with the service animal and the disabled allergic person. The business can do things like seat the parties on two different sides of the room/in different rooms, help keep the parties away from each other, etc. to lessen the effect of the allergies while still giving both people access to public areas.

 

[Perky]

That is also not true. Individual states may or may not have laws regarding service animals. They can say whatever they want to say, but the federal law supercedes them. So, if a particular type of service animal is not covered under a state's law, that in no way means people who use that type of service animal can be barred from a public place.

Excellent posts, SDUsr! I have just one clarification. I believe the bolded part is not quite correct. State laws may or may not be more restrictive than the federal law. In those cases, whichever law provides the most protection for the disabled is the one that applies.

 

[Perky]

There is a lot of questions regarding "service animals" versus "assistant dogs"

1. There is no Federal law regarding service animals
2. Each individual state is required to list what they will accept as a service dog and an assistant dog.
3. In the state of Washington a business owner is only allowed to ask if the dog is a service animal. They are not allowed to ask what type of disability a person has nor are they allowed to ask what type of "support" a service dog offers to the person.
4. It is required that each person carries a little id card for the dog which basically states that the company that trained the dog has the means to do the training and that it is all legal with the state.

Check your state laws before taking your animal into public and claiming it is a service animal. It is legal for a "restaurant" to ask you to leave if you don't have the "trained card" but they can not ask you to leave because they are a service animal or a "support animal".

Just to reiterate what SDUsr said...

EVERYTHING in Otis' post in WRONG!

 

[SDUsr]

Excellent posts, SDUsr! I have just one clarification. I believe the bolded part is not quite correct. State laws may or may not be more restrictive than the federal law. In those cases, whichever law provides the most protection for the disabled is the one that applies.

That is true, sorry for the confusion! I meant to say that since the federal law does not require IDs in order for the disabled person to bring their service animal with them, a business cannot require somebody to furnish an ID even if their state law says it is required. (The only exemption to this statement would be if the state law gives access to a place the federal law doesn't cover, but since almost every public place is covered under federal laws, this is not likely to happen.)

If a person is covered under a state's law, but not under the federal law, then they go by the state law when they are in that state. (They are out of luck once they leave the state, of course.) This would be the case if Utah did indeed pass that law giving access to people with emotional support animals (which are not service animals and are not under the federal ADA law).

[Emotional support animals are under the federal housing laws as well as under the Air Carrier Access Act; access requires a letter from the disabled person's doctor. Plane access for psychiatric service animals also requires a letter from the disabled person's doctor. A doctor's letter can be required for any type of service animal for housing, as well.]

 

[AdviceDude]

Be very careful with ada/denying access!!!

I'm sorry for not being clear.
Because I believe this lady may be crazy, I fear that she may have a prescription from her doctor for this type of animal to support her emotionally and/or psychologically. If this is true, then it is providing her a service to her.

My issue is, I cannot get her to tell me that. Therefore I am not sure. Her story just doesn't add up. She insists she is protected by the ADA but she refuses to tell me what services her dog performs for HER. She describes its duties to me as a therapy dog.

Open Disclaimer--I work in the "Service Dog/Guide Dog" Industry as a Volunteer, so I have experience in issues like yours, here is my layman advice--I'm not a lawyer.

First things first, I appreciate your concern, however this lady DOES NOT have to describe to you "why" she needs a service animal. That is PRIVATE Medical information.

For example, if you had a "child" that is over the age of 18-years old (say 19)--UNDER NO CIRCUMSTANCES will the Hospital release medical information to you (unless, and until) your child signed a "Release" document. This information is protected under
HIPPA. (that is how "strict" HIPPA rules are).

The Health Insurance Portability and Accountability Act
http://www.hhs.gov/ocr/privacysummary.pdf
If you want to read more on "HIPPA" the link above will give you guidance.

Therefore, if I were you--I would NOT "demand" to know her Medical Condition.
This will get you in MUCH MUCH more Trouble than an ADA claim could.
So, please take the advice and stop asking her to "explain" her need for a dog.
TRUST ME on this one. I was in the Hospital in 2007 and the Dr.s would release NOTHING to my family until I signed paper work they had the right to know (and that's FAMILY!).

2nd-IF the dog is a a dog covered under the ADA--the lady should have

1st-the appropriate "Jacket" the dog will wear. (Describing it as a service animal).
It will be CLEAR the dog is a "working dog".

2nd -In addition, based on what state you are in, she will have a "License" that she carries indicating her need for the dog. (I use the word "license" loosely)--It's nothing more than a laminated "card" with her name/issue date/and that the dog is Indeed a Service Animal.
She should have "Something"--she can show you--most likely from the Organization that issued the service animal to her.

--Clarification--SDusr and other comments are correct. Federal Law Trumps State Law--and unless the location is unique to the state that requires "proof", she does not "HAVE" to show ID---however at least the Organization I volunteer for, they provide "ID's" for both Trainer Volunteers and Recipients.

Those are BIG red flags if she is unable to produce that kind of "normal" information.

If you are "convinced" it's not a working dog---things you can look for are how the dog behaves--a "working dog"--should ALWAYS, 100% of the time "behave".
(almost be "invisible").

Also--a "working dog" is trained to sit UNDER the table while it's owner is eating
(Provided there is enough space--if not--the dog is trained to sit directly NEXT to the person on the floor).

The dog should not easily be "distracted"--nor should it EVER!! Bark or "disturb" other patrons (this includes if the dog were to try to walk to their table and sniff their food, etc. etc).

PLEASE READ THE ADA LINK--because HOWEVER---if it is a "Real" working dog--and it barks or "disrupts" business in any fashion---YOU DO HAVE THE LEGAL RIGHT to ask her to remove the dog from the premises--HOWEVER, YOU DO NOT HAVE THE RIGHT---TO BAN HER from the Premises---so for example, if you ask her to take her dog out because it disrupted patrons---you MUST ALLOW HER to finish her meal,etc.


3rd--I want EVERYONE to know what the laws are regarding ADA--and Dogs.
Check this link out:
Commonly Asked Questions About Service Animals in Places of Business

The 2nd Question Describes "What is a Service Animal" (that is NOT an all inclusive list) for example if she suffers from Seizures, Narcolepsy or other condition that is not "apparent" by looking at her---she IS covered under the ADA.


Finally---Just be VERY CAREFUL how you treat her. If she is covered, you don't want the government coming down on you for an ADA claim or a HIPPA claim.

P.S.--By the way, as a "Trainer"---I have the same "legal entry rights" as a person covered under teh ADA (I am not disabled).

I am taught that if I'm ever denied entrance to a place of business, I "POLITELY" remind the Manager of the ADA laws--I give them a copy of it and I leave. We are taught NEVER to "argue" with the establishment. The Senior Management of our organization will bring it up with the establishment if necessary.

 

[AdviceDude]

What is the name of your state (only U.S. law)? Utah

A lady comes into the restaurant that I manage with a Dog. When ever she is asked about the dog she says it is a "service animal" then describes its duties as visiting hospitals and schools to make sick people feel better. This describes a "therapy dog". I asked her flat out.."Is this a service animal?" she said yes. THen I asked "What tasks does it do for you"?. She would only talk about how it goes to hospitals and stuff.

This lady is crazy! (Like for Real). Based on the info she gave me, the "therapy" dog has no public access rights. I fear that the dog may also be a Emotional support Animal because it is very "pet like". Perhaps it may be a Psychotic Support Animal for her own lunacy but she may be too embarrassed to tell me that it performs services for her.

Emotional support animals do not have public access rights (I think) but Psychotic support animals do. (I think) How can I decide if she is legit or not?

She has threatend me with a 25K fine but I feel she needs to do a better job describing the tasks the dog performs for HER! SHe has never told me that!

Please help.

One other comment. I know of organizations that are training Dogs as "Service/Therapy" dogs for War Veterans suffering from Post Traumatic Stress Disorder. So, I would not be surprised if you experience more "confusion" in the future as to if a dog is allowed access (based simply on the way a person "Looks").

However, as a concerned owner of a Restaurant, you have NOTHING to worry about with real service animals/guide dogs.

I would say how you can "solve" the problem is not to challenge her based on what she tells you, but how the dog behaves. AS a former poster explained, a service animal should be "Invisible" to others.

If the dog is "disruptive" to other Patrons, simply ask her to remove the dog from teh premises. (BY THE WAY--"disruptive" does NOT mean that someone near the lady decides to complain because they are "afraid" or "allergic" to dogs---in that case, you have to make accommodations to the "Complaining Party"---and NOT ask the lady with the dog to move. The lady with the dog has 100% "equal" rights to sit anywhere in the establishment anyone else would sit. Therefore the "complainant" would need to be moved--not the lady with the dog.

At the end of the day, if this lady has a dog she brings in---and as long as the dog is not disruptive--and "acts" like a service animal, I would let her allow it.

If you're concerned about "Health Code" violations as a Restaurateur---you are "protected" under ADA--as it was your belief she was allowed access--so you cannot get "fined" based on that.

Otherwise, I don't understand what the concern is.

 

[AdviceDude]

What is the name of your state (only U.S. law)? Utah

A lady comes into the restaurant that I manage with a Dog. When ever she is asked about the dog she says it is a "service animal" then describes its duties as visiting hospitals and schools to make sick people feel better. This describes a "therapy dog". I asked her flat out.."Is this a service animal?" she said yes. THen I asked "What tasks does it do for you"?. She would only talk about how it goes to hospitals and stuff.

This lady is crazy! (Like for Real). Based on the info she gave me, the "therapy" dog has no public access rights. I fear that the dog may also be a Emotional support Animal because it is very "pet like". Perhaps it may be a Psychotic Support Animal for her own lunacy but she may be too embarrassed to tell me that it performs services for her.

Emotional support animals do not have public access rights (I think) but Psychotic support animals do. (I think) How can I decide if she is legit or not?

She has threatend me with a 25K fine but I feel she needs to do a better job describing the tasks the dog performs for HER! SHe has never told me that!

Please help.

By the way, forgot to post this link, here is the Law for UTAH
Access Laws for Guide Dog Users: U.S.

"Violators" of the law are subject to :

Violation: Any person or agent of any person who interferes with the above-enumerated legal rights is guilty of a Class C misdemeanor and punishable accordingly. (Sect. 26-30-4)

Where this lady gets the idea of $25K is beyond me. (sounds like she's trying to stir up trouble to "create" a claim if you ask me). The "Fine" is like a "Fine" you'd pay for a Speeding Ticket, etc.

 

[cyjeff]

I would also like to underscore that a service dog (or therapy dog in this instance) is ONLY allowed when that animal accompanies the person to whom that dog provides service.

It seems that the person in the question takes her dog to the hospital to make people feel better. Great. Very nice.

But unless those same people accompany her to the restaurant, I don't see a problem with barring that dog from entry.

Lastly, as of this date, therapy dogs are NOT given the same rights as service animals.

 

[AdviceDude]

Service/Guide Dogs are WELL PREAPRED for Public Service and covered under FEDERAL LAW

There is a lot of questions regarding "service animals" versus "assistant dogs"

1. There is no Federal law regarding service animals

2. Each individual state is required to list what they will accept as a service dog and an assistant dog.

3. In the state of Washington a business owner is only allowed to ask if the dog is a service animal. They are not allowed to ask what type of disability a person has nor are they allowed to ask what type of "support" a service dog offers to the person.

4. It is required that each person carries a little id card for the dog which basically states that the company that trained the dog has the means to do the training and that it is all legal with the state.

Check your state laws before taking your animal into public and claiming it is a service animal. It is legal for a "restaurant" to ask you to leave if you don't have the "trained card" but they can not ask you to leave because they are a service animal or a "support animal".

Actually, I need to correct/clarify some of your statements that are INCORRECT:
1. There is no Federal law regarding service animals--INCORRECT

The ADA SPECIFICALLY lays out "Service Dog" access rights:
Commonly Asked Questions About Service Animals in Places of Business
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.
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2. Each individual state is required to list what they will accept as a service dog and an assistant dog.--INCORRECT!!

The ADA (A FEDERAL LAW)--Defines what a "Service" Dog is.
States can modify the "punishment" regarding ADA claims, however States are NOT the Branch of Government defining what a "Service Dog" is--that is a FEDERAL LAW!!

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4. It is required that each person carries a little id card for the dog which basically states that the company that trained the dog has the means to do the training and that it is all legal with the state. --PARTIALLY TRUE

The ADA/Federal Law did not specify how individuals were to "prove" the dog was a service Animal--so many states came up with their own rules. *SOME* states require this, OTHERS do not.

However as a BUSINESS OWNER--I would always error on the side of "belief" vs. "disbelief".

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The ONE THING I want to point out to Business Owners is that "Service Animals" will become more and more common. "Most" Organizations that are in the business of training and donating a service animal to a recipient, will provide approximately 50-100 dogs to needy recipients per year. So, get use to seeing "more" of them.

Another note--Organizations that Provide Service Dogs to recipients do so FREE OF CHARGE to the Recipient---including all vet bills for the animal for it's life---up to and including food (based on the monetary needs of the recipient).

It costs approximately $20,000-$55,000 to train ONE DOG to be a Service or Guide Dog.
(depending on what "actions" the dog is trained to perform).

Organizations that provide these dogs do so at a very large expense to the organization.

Service Dogs/Guide Dogs go through RIGOROUS training before they are allowed with a recipient---Dogs do often "fail" the requirements necessary to become a Service Animal, therefore know that a Service Animal you encounter is "Special" in that it has passed MANY MANY levels of "training" to be "Certified" as a Service/Guide Dog.

Therefore, as a Business Owner--PLEASE REST ASSURED a Service Animal or Guide Dog is NOTHING to be worried about in your place of business. TRUST ME a Restaurateur has more to worry about with the Belligerent Drunk at the Bar, than they do with a Service Animal.

Finally, it is becoming more an more common to supply "Service Dogs" to War Veterans.

Right now, dogs are being used in "War" settings as "Therapy" dogs for Veterans suffering from PTSD. A "Therapy" dog is DIFFERENT than a "SERVICE DOG"---as a "THERAPY DOG" is trained to provide "comfort/support" to it's recipient. (and as of this writing is NOT covered under the ADA).

HOWEVER, I would not be surprised to see laws passed which allow War Veterans (despite what their "disability" is)---equal access under the ADA--and the expansion of the definition of what a "Service" dog is.

However, ANY BUSINESS OWNER should REST ASSURED a "Service Dog" under goes AT MINIMUM 2-years of training before it's provided to a recipient. You can rest assured the dog is WELL PREPARED for the Work it is required to perform and will NOT disrupt your place of business.

Here are some links regarding training dogs for War Veterans

VetDogs - Veteran's K-9 Corps
Southeastern Guidedogs Inc - Paws for Patriots

 

[AdviceDude]

ADA Service Dog Access Allowance Suggestions/Case Law/Advice

I am not a Lawyer, however I would assume that if you can pass the "test" for Social Security Disability, then you would "pass the test" of a Disabled Person under ADA.

(by the way, claiming Disability under Social Security is VERY difficult--so I'd use that as an "elementary guide" if you should allow this woman access or not.

In a nut shell, this is why Lawyers are RICH--they get paid to argue this stuff all day long.

******************************************************
Social Security
List of Disorders covered for Social Security Disability--ADULT

Listing of Impairments - Adult Listings (Part A)

Mental Disorders
12.00-Mental Disorders-Adult

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By the way, I found "Case Law" for you to review:
******************************************************
From a "Recent" Proposed Rule Making
Transcript of Public Hearing on Proposals to Amend Regulations under Titles II and III of the ADA
DEPARTMENT OF JUSTICE
JULY 15, 2008
9:00 A,M.
PUBLIC HEARING ON
NOTICES OF PROPOSED RULEMAKING

Lot's of discussions regarding "Dogs".
******************************************************

(since you said you were from UTAH--I tried to pull cases from there)

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Settlement Agreement Under the Americans with Disabilities Act of 1990 between the United States of America and Yellow Cab Drivers Association, Inc. of Salt Lake City, Ut
SETTLEMENT AGREEMENT UNDER THE AMERICAN WITH DISABILITIES ACT of 1990
BETWEEN
THE UNITED STATES OF AMERICA AND
YELLOW CAB DRIVERS ASSOCIATION, INC. OF SALT LAKE CITY, UTAH


a woman who is blind and uses a guide dog filed a complaint with the Department of Justice alleging that she was refused a taxi ride to return home from a grocery store, based on the presence of her service animal
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FAIR HOUSING
JUSTICE DEPARTMENT SETTLES DISABILITY DISCRIMINATION CASE WITH CONNECTICUT LANDLORD FOR $115,000
On June 2, 2008, the Court entered a consent decree resolving United States v. Hussein (D. Conn.). The lawsuit, filed on August 1, 2007, alleged that Mahmoud M. Hussein refused to grant a reasonable accommodation from his no-pets policy so that his tenant's minor daughter could work with an assistance dog to help with her cerebral palsy, seizure disorder, and depression. The lawsuit further alleged that Hussein retaliated against the mother and daughter after they attempted to exercise their rights under the Fair Housing Act by refusing to renew their annual lease and beginning eviction proceedings. The tenant and her daughter filed a separate lawsuit that also will be resolved by the consent decree. Press Release

Under the consent decree, the defendant will pay $115,000 in monetary relief, including $102,000 to compensate the tenant and her daughter and $13,000 in attorneys fees. Additionally, the defendant will attend fair housing training; implement a reasonable accommodation policy; and comply with notice, monitoring and reporting requirements.


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Enforcing the ADA, Status Report from the Department of Justice, January - March 2003
Mancino’s Restaurant, Brighton, Michigan -- The U.S. Attorney’s Office for the Eastern District of Michigan entered into an agreement with Mancino’s Restaurant of Brighton resolving a complaint involving denial of access to a service animal. The complainant, who is a person with a disability who uses a service dog, attempted to attend a social engagement at the restaurant. The owner allegedly refused to permit the complainant to remain in the restaurant because of the presence of her service dog and threatened to call the police if she did not remove the dog from the premises. Mancino’s agreed to post a policy welcoming service animals in a prominent place at the restaurant, train its employees on the new policy, and pay the complainant $1000 in damages.

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SHONEY'S RESTAURANTS TO LET DINERS WITH DISABILITIES BRING IN
SERVICE ANIMALS UNDER AN AGREEMENT WITH THE JUSTICE DEPARTMENT
#268: 06-26-97 - Shoney's Restaurants to Let Diners with Disabilities Bring in Service Animals under an Agreement with the Justice Department

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An Arizona airport shuttle company will ensure that its services are accessible to travelers with disabilities under an agreement reached today with the Justice Department.
including maintaining wheelchair accessible vans, and permitting all service dogs on the vans.
501: 11-25-97 - ARIZONA TRANSPORTATION COMPANY WILL MAKE ITS SERVICES ACCESSIBLE TO PEOPLE WITH DISABILITIES

******************************************************
SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
REDHIKA CORPORATION, AS OWNER OF
COUNTRY INNS AND SUITES HOTEL, FORT WAYNE, INDIANA
UNDER THE AMERICANS WITH DISABILITIES ACT
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND REDHIKA CORPORATION, AS OWNER OF COUNTRY INNS AND SUITES HOTEL, FORT WAYNE, INDIANA
The complainant – a woman who self-describes as a congenital triple amputee with bilateral hip disarticulation and who uses both a service animal and a wheelchair – alleged that the night desk clerk of the Hotel told her she could not have an animal stay at the hotel.

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SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND THE TRAVEL INN

SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TRAVEL INN

The complainant, who is blind, uses a service animal to assist her. Complainant alleged that when she arrived at the Travel Inn to check in for a room for two nights, August 27 and 28, 2004, a Travel Inn employee advised her that, in addition to the regular room charges, she would have to pay an extra $10 charge per night because of her service dog in violation of Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189 and its implementing regulation, 28 C.F.R. Part 36.

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ADA Questions and Answers: "Reaching Out"--Lesson One (#13)
Americans with Disabilities Act Questions and Answers
Service animals

Businesses must allow people with disabilities to bring their service animals into all areas of the business where customers are normally allowed to go. Service animals are animals that are individually trained to perform tasks for people with disabilities. Typically, restaurants, stores, and other businesses with a "no pets" policy must make an exception to the policy when a customer has a service animal.

 

[Ozark_Sophist]

Hey Advicedude...what the heck is HIPPA? I think you mean HIPAA, but I guess you could be talking about some kind of HIPPO.

And OP is describing a therapy dog and not a service dog. All of your citations refer to service dogs.

 

[SDUsr]

this lady DOES NOT have to describe to you "why" she needs a service animal. That is PRIVATE Medical information.

While no business can demand to be told what a person's disability is (i.e. blindness, deafness, seizure disorder, etc.), they can legally ask what tasks the animal is trained to do that mitigate the person's disability. They can also legally ask IF the person is disabled (a yes or no answer) and if the dog in question is the person's service dog.

This information is protected under HIPPA.

HIPAA has nothing to do with businesses like restaurants, stores, etc. That only has to do with doctors and other medical field personnel not releasing medical information to anybody without permission from the person. It has nothing to do with other fields, businesses, nor somebody's personal choice to disclose information to anybody. It has nothing to do with the restaurant, business owner, woman, and dog in question (or any others).

1st-the appropriate "Jacket" the dog will wear. (Describing it as a service animal). It will be CLEAR the dog is a "working dog".

The presence of vests, jackets, packs, harnesses, etc. is not required under the federal law. It would be just as legal for somebody with a guide dog in a guide dog harness to bring their dog into the restaurant as it would be legal for somebody with a seizure alert dog with just a collar and leash to bring their dog into the restaurant. So, if somebody happens to forget their dog's vest (such as they weren't planning on stopping by the store on the way home from a friend's house, vet, park, etc.), they can still enter a business just like everybody else can.

Harnesses are needed by some teams for certain tasks (such as guide dog harnesses so a blind or visually impaired person can be guided by the dog easily or a mobility harnesses so a mobility impaired person can be helped with balance by the dog's trained mobility work) - in many cases, people don't use both harnesses and vests/jackets/packs. While dressing a dog in a vest/jacket/pack (if not in harness, or in addition to a harness) is helpful and highly recommended (due to less access hassles from businesses and less drive-by pettings from the general public), it is not required by federal law.

2nd -In addition, based on what state you are in, she will have a "License" that she carries indicating her need for the dog.

A business cannot ask to see such "proof". Many people with service animals do not have an ID card, "license", certification, etc. due to an organization not furnishing one, having the dog trained by a private trainer who did not issue one, or having self-trained the dog - all of which are legal ways for a dog to be trained as a service animal (each way having to meet the same standards of training). Most people, even if they do have it, will not show it because nobody else shows ID in order to enter a restaurant, store, etc. so showing such would be discriminatory (akin to Hitler's star patches and freed slaves' freedom papers).

Beyond that, anybody can purchase such a card from a scam artist on the Internet or make up their own such card very easily without the dog having even been trained to pee outdoors or sit. IDs mean nothing. Even IDs from programs and trainers that are called "certification" don't have much meaning to them, as there is no state or federal certification and no state or federal standard for training (beyond that a service animal must be individually trained to do work or perform tasks for the benefit of the individual with a disability and that they must be trained to behave well enough in public that they don't get kicked out for being disruptive).

Those are BIG red flags if she is unable to produce that kind of "normal" information.

While the animal not being dressed in working gear may make a business want to look harder into the dog being a service dog or pet, it is not a big, red flag. A handler not showing an ID card, tag, etc. is in no way a red flag, as a business cannot legally ask to see such a thing. Most handlers know not to flash such cards because it teaches businesses to look for such and not every team has, carries, or is willing under any circumstance (save for court) to show such a card in the U.S. IDs are not "normal".

things you can look for are how the dog behaves--a "working dog"--should ALWAYS, 100% of the time "behave".

Yes, the dog's behavior should always be looked at when determining the dog's status. Dogs are not robots, however, so are not perfect 100% of the time. Just like humans, they do make mistakes, get distracted, get sick suddenly, etc. The majority of the time they are "invisible" - you don't even know they are there until you see them or see them move (some people have thought somebody had a giant stuffed animal with them until they saw the dog move, LOL). In a restaurant, they will walk quietly beside (or in front of, for some tasks and in crowded/not wide enough areas) their handler, sometimes doing tasks like guiding or helping with walking, when the handler is walking to/from the table, to/from the restroom, to/from the salad bar/buffet, etc. While at the table, the dog will lay quietly under the table (or next to it, but never in the way where staff or patrons can trip over the dog - in that case, you can tell the person to move the animal, as it is a safety hazard) the entire dinner unless the dog is doing a task for the person (such as alerting to the onset of a seizure, retrieving a dropped item, etc.).

if it is a "Real" working dog--and it barks or "disrupts" business in any fashion---YOU DO HAVE THE LEGAL RIGHT to ask her to remove the dog from the premises

A single bark does not give a business the legal right to kick a real service dog out. If the dog is continuously barking and disturbing the business (i.e. during a movie), that is a legal reason to kick the dog out after the handler has been given reasonable time to correct the problem. An aggressive dog, which would not be a real service dog, is another example of a dog a business could kick out.

If a dog causes damage in the business, such as accidentally knocks an item off a shelf with its tail and the item breaks, you can charge the handler whatever fee you would charge a non-disabled patron for the same damage (i.e. if a child broke something and you would charge their parent the cost of the item, you can charge the handler the cost of the item their dog broke, but if you do not normally charge a customer for breaking an item, you cannot charge the handler for the item their dog broke as that would be discriminatory).

Remember that service dogs are an extension of the person just like wheelchairs, canes, prosthetic limbs, etc. are. They are legally medical devices just like wheelchairs, canes, prosthetic limbs, etc. are. (They legally are not pets.)

as a "Trainer"---I have the same "legal entry rights" as a person covered under teh ADA (I am not disabled).

That is absolutely NOT true. The ADA is for disabled people. You have no rights under the ADA since you are not disabled, therefore you have no right under the ADA to have a trained service animal with you in any business. No person, disabled or not, has the right under the ADA to have a service animal in training with them in any business. While some states do have laws giving access to certain types of or all types of (depending on the state) trainers with service animals in training so you may be covered under your state's law, the ADA does not apply to you and you cannot use it to gain access with any dog, fully trained or still in training.

I am taught that if I'm ever denied entrance to a place of business, I "POLITELY" remind the Manager of the ADA laws--I give them a copy of it and I leave. We are taught NEVER to "argue" with the establishment.

While politeness is always a must (for anybody at any time in any situation), no disabled person with a service dog does or should leave if denied access. While it is okay for you, since you have no problems going to or using public places like restaurants and stores and do not have an actual need to have the dog with you, a disabled person has no choice but to have their service dog with them - or not go in the public place. As a volunteer, you should remember to put yourself in the shoes of the person you are helping train the dog for and realize that without the dog, they cannot do the things most people take for granted, such as shop, eat out, get groceries, see a movie or play, vacation or travel on business, etc. Volunteers and trainers shouldn't push access rights (if their state gives them such) as much as a disabled handler should, of course, since there isn't an actual need for the dog to be in that particular store, which is why the program you are with tells you not to argue.

But access and access challenges for disabled people are very different. Just imagine somebody told you that you couldn't enter their business because of your shade of skin color, your ethnicity, or some other factor that you in no way can help - that is what it is like when a disabled person is denied access due to their disability (whether it is because of how they look or because of the medical device they use, such as a wheelchair or service animal - and yes, there have been instances in the U.S. of people having access issues because the business did not want a wheelchair on their floor!!).

Equal access is what it is all about.

 

[SDUsr]

(BY THE WAY--"disruptive" does NOT mean that someone near the lady decides to complain because they are "afraid" or "allergic" to dogs---in that case, you have to make accommodations to the "Complaining Party"---and NOT ask the lady with the dog to move. The lady with the dog has 100% "equal" rights to sit anywhere in the establishment anyone else would sit. Therefore the "complainant" would need to be moved--not the lady with the dog.

This is almost correct.

First, the business does not have to accommodate the complaining customer. It would, of course, be in their best financial interest to do so, if they can, but they should explain to the customer that disabled people have just as much right to be in public places as the complaining person does. If there is an empty table away from the disabled person's table, they could choose to offer the complaining party to move there. If the complaining party refuses, that is their own problem.

While most allergies, especially dog allergies, are not severe and do not fall under the law as being a disability, some people do indeed have disabling allergies. In the case of a patron telling you that they have a disabling allergic reaction to dogs (i.e. they stop breathing and need medical treatment such as using an Epi-Pen, NOT that they get the sniffles being around dogs or that they get a rash when they touch a dog/a dog licks them), you are required to accommodate both disabled patrons (the one with the service dog and the one with allergies).

The most common accommodation would be to seat the two persons on opposite sides of the restaurant from each other (and not in the path of the only access point to the restroom, if possible). In most circumstances, you cannot legally seat a disabled person in a different spot from other patrons - you must treat them like any other patron - but in this case, it would be reasonable for you to seat either disabled person in a different section if doing so will allow them both to eat at your restaurant.

Note that this is a very rare case - disabling dog allergies are very rare and it would be even rarer for you to have both a person with a disabling dog allergy and a person with a service dog eating at your restaurant at the same time. Almost all people who say they are allergic to dogs when a service dog enters the building are either mildly to moderately allergic (not covered under the ADA) or are lying because they don't like dogs or don't want to be near a dog at the moment or are scared of dogs. Allergies (except for disabling ones) and fear of dogs are not legal reasons to exclude a disabled person with a service dog from a business.

 

[SDUsr]

Where this lady gets the idea of $25K is beyond me. (sounds like she's trying to stir up trouble to "create" a claim if you ask me).

Sadly, these days, that is all too common. There is a group of people in California and another group of people in Florida who go around to businesses just to stir up trouble and make money. Some of them aren't even actually disabled! For instance, I believe at least one of the people in California who goes around with a dog and then sues for denial of access is not disabled and/or the dog is nothing more than a pet.

Of course, there are legitimate lawsuits against businesses who do not/did not follow the requirements of the ADA.