[nagdu] Family Upset After Dog Removed From Eatery

[Debbie Cole]

Last weekend while doing a 4 hour jaunt with Leone in our local mall
we ahppened across 2 chiuauas.  One on upper level the 2nd on lower
level.  Both distractions to Leone.  the first one pops it's tiny head
out of a Foot Locker store.  Leone herked and did a kissy kissy to the
little chiuaua.  An older teen female swooped doqn and picked up her
white mini mutt.  I said "Is that your service dog?"  "How does it
assist your disability?"  She yelled at me "I'm not F****** disabled!
Do I look like a retard?  It appeared her boyfriend worked in the
store.

2nd dog was jsut walking around on a leash.

It is a habit around here for owners of the very small dogs to freely
take dogs in shops and stores.

Debbie & Leone

On 8/24/13, Jenine Stanley <jeninems at wowway.com> wrote:
> 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.
>>
>>
>>
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
> nagdu:
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/tami%40poodlemutt.c
>> om
>>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/jeninems%40wowway.com
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/debbieanne1124%40gmail.com
>