[Flagdu] Block Buster and Service Dogs.

[Jody W. Ianuzzi]

http://www.justice.gov/opa/pr/2010/July/10-ag-831.html

Justice Department Reaches Settlement with Blockbuster Inc. Under the
Americans with Disabilities Act
WASHINGTON - The Justice Department today announced a settlement agreement
under the Americans with Disabilities Act (ADA) with Blockbuster Inc. to
ensure equal access to its stores nationwide for individuals with
disabilities who use service animals.
 
The settlement agreement, which resolves a complaint filed under title III
of the ADA by an individual with a disability, requires, among other things,
that Blockbuster provide comprehensive training to employees at more than
3,000 retail stores throughout the United States to ensure individuals with
disabilities who use service animals have full and equal enjoyment of its
goods, services and facilities.
 
"The Americans with Disabilities Act guarantees equal access to individuals
with disabilities who are accompanied by service animals, but too often
those individuals are subject to discrimination because of misperceptions or
a lack of understanding of the law," said Thomas E. Perez, Assistant
Attorney General for the Civil Rights Division.  
 
The agreement, which will remain in effect for three years, requires that
Blockbuster:
  Implement a comprehensive nationwide nondiscrimination policy regarding
service animals for people with disabilities;
Distribute the policy and train employees across the United States on the
rights of service animal users and employee obligations to ensure full and
equal access to Blockbuster goods, services and facilities;
Provide the same training to new staff during the hiring process;
Post its service animal policy on its website and in its stores, and post a
"Service Animals Welcome" sign in each of its stores;
Create a toll-free ADA complaint line;
Establish, implement, and monitor a grievance procedure for ADA-related
complaints from customers;
Pay $12,000 in damages to the individual who filed the complaint resolved by
this settlement; and
Pay $10,000 as a civil penalty.
A service animal is individually trained to work or perform tasks for the
benefit of an individual with a disability.   Service animals - most
commonly dogs - perform a wide variety of functions.   Examples of these
functions include guiding persons who are blind or have low vision, alerting
individuals who are deaf or hard of hearing to sounds, warning persons about
impending seizures or other medical conditions, performing a variety of
tasks for persons with psychiatric disabilities, and picking up items,
opening doors, flipping switches, providing physical support and pulling
wheelchairs for individuals with mobility disabilities.
 
Title III of the ADA prohibits discrimination by retail stores, restaurants,
hotels, taxi and bus companies, doctors, hospitals and other private
businesses and nonprofit organizations that provide services to the public.
Title II of the ADA prohibits discrimination by public entities, including
state and local governments and public transportation providers.   All of
these entities are prohibited from excluding individuals with disabilities
from their facilities, services and programs because the individuals use
service animals.   If any of these entities has a rule excluding pets or
other animals, it must make an exception to that rule and permit an
individual with a disability to be accompanied by a service animal anywhere
on the premises that other customers are permitted to go.
 
"The ADA's 20th anniversary is July 26, 2010," said Assistant Attorney
General Perez.   "As we celebrate the anniversary of this landmark civil
rights law, we are pleased that Blockbuster has affirmed its commitment to
ensuring that individuals with disabilities benefit fully and equally from
its goods, facilities, and services, including individuals who use service
animals."
 
More information about the Civil Rights Division and the laws it enforces is
available at the websitewww.justice.gov/crt .  More information about this
agreement, the ADA, and ADA rights and responsibilities relating to service
animals is available on the ADA home page at www.ada.gov
<http://www.ada.gov/> .   This information includes two publications
specifically addressing access for individuals accompanied by service
animals: "ADA Business Brief: Service Animals" and "Commonly Asked Questions
About Service Animals in Places of Business."   Those interested in
obtaining copies of these documents or additional information may also call
the Justice Department's toll-free ADA Information Line at (800) 514-0301 or
(800) 514-0383 (TTY).

 
 
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