[NAGDU] the two questions

Julie Johnson julielj at neb.rr.com
Wed Oct 11 16:53:16 UTC 2017


Andy,

There are a number of things going on here.

First, it sounds as if your dog was experiencing difficulty with the other 
dog, not the other way around.   I know you are new and have a bit of a 
rough start.  Keep working on it, he will improve.

Next, you have no idea about this other woman or her dog.  You presume that 
she had a pet in the store, but that is not really your determination to 
make.  You say nothing about the behavior of the other dog, so I'm thinking 
it wasn't a problem.

Lastly, the business owner/manager is not completely correct.   He can ask 
every person with a dog the two questions if he choses to.  It's true that 
he doesn't have to.  Also they cannot be asked multiple times on a single 
trip to the store, that would be harassment.  However, a store like Best Buy 
can allow whatever dogs they want in the store.  The only laws restricting 
animals are in regard to health care and food settings.  Many stores allow 
pet dogs, which is perfectly legal.

Julie
On The Go with Guide-and-Service-Dogs.com
http://www.guide-and-service-dogs.com
also find my products in the Blind Mice Mega Mall
<https://www.blindmicemegamall.com/bmm/shop/Directory_Departments?storeid=1916046>
-----Original Message----- 
From: Andy B. via NAGDU
Sent: Wednesday, October 11, 2017 11:42 AM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Cc: Andy B.
Subject: Re: [NAGDU] the two questions

When I took a trip to Best Buy last week, Alec detoured from his job because 
an elderly lady had her "service dog" with her. Alec's performance nearly 
landed me on my rear end. After getting him back under complete control, I 
confronted a manager. His predicament is that he cannot by law interfere 
with the daily operations of the store. In other words, store staff cannot 
by law, ask these two questions of every person who walks in with an animal. 
His argument also included the disclaimer that most employees do not receive 
training on how to determine a valid service animal from an invalid one. 
Thus, the store is allowed to have any animal if it appears to be an 
official service animal. His claim is that anyone who brings a service 
animal to the store must have it under complete control at all times, no 
matter what type of situation the handler, the service animal, a staff 
member, or other customer puts the team into. He also stated that he cannot 
force employees to ask the two questions unless there is a good suspicion 
that the animal is invalid. Since vested animals look official, come with 
paperwork (even if not certified by an accredited body), he cannot suspect 
invalid service animals. Thus, preventing an employee from investigating the 
problem further.
This statement bothered me because stores allow any animal from the public 
to enter forbidden territory and puts valid service dogs at risk with the 
law. Too bad we can't do something about it.


-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie Johnson via 
NAGDU
Sent: Wednesday, October 11, 2017 11:37 AM
To: the National Association of Guide Dog Users NAGDU Mailing List 
<nagdu at nfbnet.org>
Cc: Julie Johnson <julielj at neb.rr.com>
Subject: [NAGDU] the two questions

I think most everyone here knows the two questions the DOJ’s guidance on 
service animals under the ADA allows.
Is that a service dog?
and
What tasks does the dog perform?

However, my understanding is that it is the business that can ask these 
questions.  These questions aren’t open for anyone to ask and answers be 
required.   So I’m thinking that if there is an issue with another dog in a 
store, it isn’t up to the other shoppers to be asking the two questions.  It 
is up to the store management to ask and deal with any issues that come up.

Thoughts?
Julie
On The Go with Guide-and-Service-Dogs.com 
http://www.guide-and-service-dogs.com
also find my products in the Blind Mice Mega Mall 
<https://www.blindmicemegamall.com/bmm/shop/Directory_Departments?storeid=1916046>
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