[NAGDU] the two questions

Miranda knownoflove at gmail.com
Wed Oct 11 16:53:31 UTC 2017


You should point out that this "service dog" was, according to what the owner told you herself, an emotional support animal that she had in a cart. Am I correct in recalling that by law, emotional support animals are not considered service animals? Please, do correct me if I am wrong.


Sent from my iPhone

> On Oct 11, 2017, at 12:42 PM, Andy B. via NAGDU <nagdu at nfbnet.org> wrote:
> 
> 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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