Let us preface this article by making this statement: if you are using a pet and trying to pass them off as a service animal, just so they can go in a store with you, you deserve any problems you get - you are also breaking the law and should be punished accordingly. I hope that wasn't unclear - this sort of practice really hurts those that need these rights.
All right, now that we've gotten that out of the way, let's move on.
When going out in public with your service animal, it is important to remember that it is the disabled handler that has the rights under the ADA, not the dog itself. It is the person that is protected and protected you are.
We are going to use a standard business for our example here. You are going to the store to get some household necessities; here is what the law says about your rights with your service dog (this is straight from the government's website).
"Q: What are the laws that apply to my business?
A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed."
Let's break that down into very simple language - the dog is allowed to go with you into the store. It is time to stop here and let you know that our equipment (vests, IDs, etc.) is not required in order for you to have these rights. The equipment certainly cuts down on many issues and explanations, but it is in no way mandatory.
So when a cheerful greeter at your favorite store turns sour and stops you, how should you handle it? Well, we believe you should start off with the following assumptions:
- They have not been properly educated on the rights of those with Service Dogs.
- You have an opportunity to educate them - this can be done in less than a minute.
- If they refuse to learn, we will repeat the first 2 steps with the store supervisor.
- If the supervisor is not educated, or refuses to learn also, we can choose to:
b.) repeat steps 1 and 2 with local authorities (beyond this step, you would need to consult
with an attorney. It is important to note, however, we would expect this to never
happen as more and more people are becoming educated in this area).
How do you educate the person? You should very calmly, and with much grace, explain to them that:
- you are disabled and this dog assists you with your disability.
- your rights, under the Federal Law, allow you to bring your dog with you into this establishment.
- You would be happy to give him/her the phone number to the U.S. Department of Justice to confirm.
We hope this helps. When traveling, things can get a little bit different due to TSA guidelines. Many of the airlines are beginning to ask for vests or IDs, but that is another post.
Until then, just remember - if you have a service dog and are heading out to buy some things at your local store, your service dog IS allowed to be with you. Be kind, but never be a doormat and do not stand to be humiliated in public. Together, we can help educate those we have not yet been taught.
Great post. I would like to add that in addition to the handler having rights under the ADA, there are two other possible governing laws that may give you AND also possibly your dog additional rights.
ReplyDeleteFor example, State of California law essentially also confers the same rights as the ADA to the handler (even though the state is required to uphold the ADA anyway), but additionally it is specifically a category of crime to inhibit a disabled person's equal use of public spaces. It is also a crime to interfere with a service or working dog, and it is also a special category of crime to injure or cause the death of a service dog.
You should check you own state's law to see if you and/or your dog have additional rights under your state's law. Keep in mind that technically no state has the right to diminish your Federal ADA rights.
I am not an attorney, but I am member of the IAADP, former AKC breed club president, and lucky partner of the most amazing service dog.
We love Wiredog for all our gear!
What I find to be the problem with the post is that if you do that with every store associate that stops you (not including every other customer that wants to pet the dog or inquire as to his breed or to share their dog stories with you) you never get any shopping done. You are at the store much longer than expected and I believe it is the stores responsibility to educate their employees,but I do know that this is usually NOT done.
ReplyDeleteAnd I have the most amazing service dog.
Also I know my dog is not considered a pet but the definition of a pet covers that you have the responsibilty to take care of your dog ex: exercise, vet, a dog is the only domesticated animal the needs YOU to just go to the bathroom, that's just a few examples therfore their is a part of the Service dog that falls in the pet catagory. I want to clear this up the Service dog is not a pet.
I never wrote on a blog before so if I made any blunders please excuse me but tell me so I can get used to it.