[NAGDU] IS: Not asking the two questions

[Wayne & Harley]

*Hi Andy,
Are you in the U.S.?
If so, what the manager said about not being able to legally ask the two 
questions of everyone that comes in with a dog is hogwash! Legally they 
can, and should ask those two questions. Also, if the dog is out of 
control and the owner doesn't take effective action to regain control of 
their dog, or if the dog isn't housebroken the place of public 
accommodation can ask the owner to remove the dog and return without it 
for goods/services. Regardless of whether, or not it's a Service Animal.
Asking the two questions is, IMHO, one of the rights under the ADA that 
too many places of public accommodation refuse to utilize.
They should know by now, the ADA has only been law for Twenty Seven years...

CAVEAT: Your Mileage May Vary.

Wayne And Harley D

*On 10/11/2017 11:42 AM, Andy B. via NAGDU 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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