[Travelandtourism] Good morning all something not very happy with over at COSTCO on Monday

Wed Feb 22 13:46:37 UTC 2012

Cosco is a bit of a sticky situation.  I want to say it was in the early 
to mid 90's there was a court case with a service dog handler vs. 
Cosco.  It centered around these same issues of 
certification/paperwork/proof.  the case was handled quite badly and the 
judge ruled that Cosco could ask for documentation. I can't remember all 
the details of the case, but it set a very bad precedent.  To me it 
looks obvious that the verdict is in direct opposition to the ADA, but 
the judge didn't agree.  I'm remembering that the case was appealed with 
the same results.  The case did not make it to the Supreme Court.

I would take a guess this is why Cosco has the service dog policy they 
do and why they get away with it.  Not saying it's right.  Certainly if 
someone has a solid case and wants to take it back to court that could 
be a very good thing because it could overturn the previous ruling.

Good luck with it,
Julie

On 2/22/2012 6:54 AM, cheryl echevarria wrote:
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> I am posting this to not only the NYAGDU (NY State Division of the National Association of Guide Dog Users), but also to the Travel and Tourism Division), both proud divisions of the National Federation of the Blind.
> Traveling is also traveling with accessible entrance to all locations, with cane, sighted guide, as well as, guide dog, or other forms of mobility that one is comfortable with.
> This past Monday, Presidents Day, Nelson, Maxx (my guide  dog) and myself, did our bi-monthly shopping of Costco, if some of you do not know what COSTCO is, it is one of the those membership stores where you buy in bulk, we don't buy a lot because it is the 2 of us, and I also buy dog food there.
> We have been members of Costco for over 12 years.
> When we entered the store after showing our membership card, the lady at the door, asked to see my dogs certification paperwork.
> Now for those who are not blind and do not know the ADA laws, first there is no  paperwork for a guide dog, and certified, just no such thing.  The schools must be licensed just like any other business, in fact, some train there own guide dogs, so this statement that the lady made, was incorrect, also the training for the dog makes it a guide dog.
> > From there, I said that I am just going to speak to the store's manager, since I had been in this situation prior, but the manager always apologized for the incorrect way the person talk to me, and also that the employees didn't know better.
> That day was different, the manager, told me that it was correct that I need to show paperwork on my dog that he is a guide dog, now, I am standing in front of him with dark glasses that blind people wear, and guide dog in harness.
> I stated that there is no such  thing, what makes the dog a guide dog, or for anyone else that is disabled, is the disability and the training that the dog gets to be a service animal, he proceeded to tell me that others have shown him this paperwork, again, what paperwork. I stated not only am I a graduate of the Guide Dog Foundation of Smithtown, that was less then 5 minutes away from this location, but that I am a member of that National Association of Guide Dog Users, a proud division of the National Federation of the Blind, and we are one of the organizations that help make and enforce the ADA laws pertaining to this.  He basically almost called me a liar, he said that I am not going to continue the conversation.
> He did not tell me I had to leave, but I want to the customer service desk with my husband to get the corporate phone number, I tried to call on my cell phone while I was there, but the reception was really bad, and so we did shop, and then when we got home I made the calls.
> My first was to customer service, the young lady on the phone that her immediate supervisor said that was the policy of Costco to ask for the paperwork, she gave me his name, I was writing all of this down, so that I could give to Marion Gwizdala, President of NAGDU, and Margo Downey, President of the NY affiliate of NAGDU (NYAGDU).
> I was then given the number to call for the legal department, when I did this they said that I couldn't speak to anyone but that I was given the name of the Regional Vice President of the Area.  I called him, and he was not there, so I left him a detailed message.
> Within a half and hour, the General Manager, at the store that I went to, called me back, and it sounded like he was forced to apologize to me, he didn't realize that I left the store, or the fact that I was actually blind.
> I informed him, that I never left the store, but went to get the phone numbers that I needed, and did shop.  He began to make excuses for himself, that he was following training procedures, and that he said, that a service animal must have a harness on or a blanket, or something indicated that they are working dogs. I also corrected him on that  saying, that is not correct, I can come into this store without a cape, harness, etc on the dog, and the only thing you can ask me is that a working dog/service, guide dog, and what service does the dog provide.
> He was very patronizing still.
> I didn't hear from his Vice President until after 5pm when he was in his car driving home from work.
> The man kept saying, that is should be obvious that someone is blind and common sense, but I stated, not always, I do not always wear my dark glasses, not all blind people are totally blind.  There are also some people who are not blind that use a service animal, children that are autistic, diabetic, seizure, deaf, etc.  It is not always a characteristic of the person, to have something that  identifies them as being disabled, and you are not allowed to ask the disability either.
> He also said, that he hates enforcing policy, I said it is not costco's policy it is the ADA law.  I  was trying to give him our National Hotline for NAGDU, and if anyone every has questions about Guide Dogs, ADA, etc, our Hotline number is 1-888-NAGDU-411 or 1-888-624-3841, that is how I found out he was on his car phone on the way home, he told me that he couldn't take the number because he was driving home from work.  Gee, I was really important to speak to on this. I mentioned that in NY State it is a civil violation of our law, other states have criminal laws in reference to these violations.
> After this, I informed the people who needed to know such as Marion and Margo.  Mr. Gwizdala, first contact the Costco in his area, and asked there policy, he was told basically the same thing, as myself, he also got the corporate information, and has been in talks with Costco in Seattle.  It seems that they are saying that they are a private organization and that you need to pay a membership to go there and that they are outside the ADA.
> FYI, if that is true, which it is not, then I cannot take my dog to my gym, it is a private membership, or go to a restaurant you have to pay to eat there, or go to a movie or theater.  So that I couldn't go anywhere with my dog.
> I would say if you are a guide dog user, or even if you use a service animal, and the laws have changed to what kind of animal is considered a service dog.
> It cannot be a comfort dog, it cannot be the dog you carry around in your pocketbook.  It also must be either a dog, or a guide horse, no cats, birds, snakes, monkeys, etc any more.  You must have a valid medical disability that you can get one.  So many disabilities and illnesses can qualify for a service animal now.
> Stayed tuned for more
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