A Legal question regarding service animals and the law in the US

[Skelly]

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]

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]

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]

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]

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]

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]

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]

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]

Speaking of which....what other animals are there besides service dogs?

Helper monkeys.

[Skelly]

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]

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]

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.)

[Fryk]

I never thought about the allergy issue before. Frankly forcing someone to endanger their health IS insane.

[draggar]

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]

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.