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

[elsporko]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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.