[nagdu] Family Upset After Dog Removed From Eatery

[Julie J.]

Finally!
An article that defines a service animal as individually trained and clearly 
states even if the dog is trained if it's misbehaving it has to go.


Julie


-----Original Message----- 
From: Ginger Kutsch
Sent: Saturday, August 24, 2013 8:35 AM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: [nagdu] Family Upset After Dog Removed From Eatery

Family Upset After Dog Removed From Eatery

by Jeff Rusack,

August 23, 2013 8:13 PM

Source:
http://www.kdlt.com/index.php?option=com_content&task=view&id=29327&Itemid=5
7



One Sioux Falls' family is crying foul after they say they were
discriminated against for having an emotional support dog at a fast food
restaurant, Thursday.



Mocha may have brown fur but she seems to be in a grey area.



Thursday afternoon when Alan Steele and his mother Edwina decided to dine in
at a Sioux Falls Taco Bell, they were told to do something that surprised
them.



"We were asked if we were going to eat in. I said, 'yes, we are.' And he
goes, 'I'm sorry. I can't allow you to do that,'" said Alan Steele.



The Americans with Disabilities Act allows any service animal into just
about any business.



"On the back it says that she is a part of the American Disabled Act of
1990," pointed out Steele.



Mocha is titled as an emotional support dog. Mocha's owner, Edwina Steele
suffers from depression and anxiety and can't take prescriptions due to a
heart condition, as they tried to explain to the Taco Bell staff.



"She is a service animal, emotional support. And he goes, 'that doesn't
matter,'" added Steele.



"Just because a dog has a vest on doesn't mean the dog is protected," said
Steve Slavik, the CEO of Big Paws Canine, a company that trains dogs for
Veterans dealing with post-traumatic stress disorder.



"What a service dog is and how it is defined, is a dog that is trained to
perform work or perform a task for an individual with a disability," quoted
Slavik from the American with Disabilities Act.



And the Steele's may be out of luck when trying to bring Mocha with them to
businesses with pet policies.



"Dogs that wouldn't be protected are emotional support dogs and companion
dogs. They are still considered pets and they are not defined in the
protection of the ADA," added Slavik.



But, asking someone about their dog, when it comes to determining if they
are indeed a service animal, can be tricky.



Businesses are only allowed to ask two questions when it comes to service
dogs.



Is the service animal required? And what work has the dog been trained to
perform?



Businesses cannot ask what the owners disability is or for the owner to
provide documentation.



"If the dog is barking or being destructive to merchandise or going to the
restroom on the floor, those types of things, even if it's a full-fledged
1,000 of hours training service dog, a service dog can be denied access,"
added Slavik.



The Steeles say there was no indication of any misbehavior at the Taco Bell,
Thursday and they still hope for an apology from the restaurant.



"I would like for people to ask and understand before they criticize or
discriminate against her," added Steele.



There's no doubt Mocha is a lovable pup. But, service dog experts say an
emotional support dog has no protection when it comes to the Americans with
Disabilities Act.





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