[nagdu] Family Upset After Dog Removed From Eatery

Sat Aug 24 17:29:35 UTC 2013

Marion, 

Maybe I'm splitting dog hairs here but the two questions are actually: 

Is that a service animal?
How does it assist you with your disability? 

The second question assumes that A. the answer to the first question was Yes
and B. that the person is disabled. The business cannot ask any questions
about a person's disability, even if he or she is disabled. It's implied by
the answer to the first question. 

The business also can't ask for training specifics, just what tasks does the
animal do for you that assist. 

Providing emotional support isn't a task of course. I do hope the restaurant
follows up with this one and gets a DOJ comment for the media.

Jenine Stanley
jeninems at wowway.com
http://www.twitter.com/jeninems

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of National
Association of Guide Dog Users
Sent: Saturday, August 24, 2013 1:10 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Family Upset After Dog Removed From Eatery

	There is a flaw in this article. It states that a business may only
ask two questions. A place of public accommodation may inquire about what
tasks the animal has been trained to perform and how it was trained, as well
as if the person is disabled and if the dog is a service animal.

Marion

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tami Jarvis
Sent: Saturday, August 24, 2013 11:02 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Family Upset After Dog Removed From Eatery

Hey! This one seemed really clear about the laws and the distinctions. 
Refreshing. It's good when the quote by the Designated Expert stresses the
training, especially when it comes to the different between ESAs and their
SD counterparts with task training. I was glad he mentioned that the highly
trained service dogs can be removed for the listed misbehaviors.

Tami

On 08/24/2013 06:35 AM, Ginger Kutsch wrote:
> 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&It
> emid=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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