[nagdu] Advance Notification

[Ann Edie]

Hi, All,

The question of whether it is illegal for the management of a place of
public accommodation to ask a person for identification to prove that he/she
is disabled or that the service animal which accompanies him/her is a
legitimate service animal, is further complicated in my mind by the fact
that this question is no where mentioned in the law itself, but rather is
mentioned in the implementing regulations published by the Department of
Justice.  The law says that places of public accommodation must make
exceptions to their policies and practices to allow access to their
buildings and services for persons with disabilities accompanied by service
animals.  It is the regulations that state how this goal will specifically
be met, such as what questions may be asked of the person or what the
responsibilities of the pwd and the place of public accommodation are, etc.
So, I agree with Julie that if the person was not actually denied access,
then probably a court would say that there is no grounds for a complaint.

But with legal matters, I always assume that my logic is probably nothing
like the logic of legal minds.  So, who knows....

Best,
Ann

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Julie J.
Sent: Wednesday, March 28, 2012 3:06 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Advance Notification

Cindy,

That's where I'm not sure.  I don't think it's illegal for them to ask for
the ID, only to make the showing of the ID a condition of entering the
store.  It's a fine line and I suppose it could be argued that by asking for
it, it is presumed that is a condition of access.  However what seems
logical and what flies in court are often not the same. *smile*

Still in the end in the example scenario given by Rebeka the person would
still be going in the store, so no access denial took place.  To my way of
thinking no access denial means no legal case.  But even without a solid
legal case much can still be done through advocates, letters, the media and
other resources.

Julie



On 3/28/2012 3:49 PM, Cindy Ray wrote:
> But it is illegal for them to ask for the ID, but you show it to get into
the store, demanding a play by play, and then you involve the law. Of
course, if you got access to the store, that takes the teeth out of it, to
my way of thinking on it, and then nobody cares that you were required to
show your ID illegally. Not sure.
>
> Cindy
>
>
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