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  • ADA Service Dog Law, Inquiries, Exclusions and Charges

    Inquiries, Exclusions, Charges, Rules Related to Service Dogs

      People who have service dogs know the value of having that help that the service dog can provide. Many handlers /owners have confrontations with businesses, hospital staff, taxi drivers, and even doctors and the general public.

    Below you will find the ADA Laws on service dogs.

    Don’t Let businesses run you off. Stand your grown, Stand up for your rights. Our money is no different then anyone else. you are not alone in this.

    Inquiries:

    When it is not obvious what tasks an service dog provides.

    The business owner or their employees may ask you.

    The company staff are limited in their inquiries.

     The Staff may ask two questions:

    (1) is the dog a service animal required because of a disability.

    (2) what work or task has the dog been trained to perform.

     Staff may not ask:

    (1) About your disability or require medical documentation.

    (2) Require a special identification card or training documentation for the dog

    (3) Ask that the dog demonstrate its ability to perform the work or task.

    The business owner or their employees Not wanting to work around or be in the same room or area?

    I know of  employees of medical centers (hospitals) and even Doctors offices refuse to treat patience because of their service dogs. The staff and even some Doctors have said the dogs can not be in the building or treatment room. Most say they are afraid of, or have allergies to dogs.

     Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.

    When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, the staff should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility or even assign employes who are not afraid or have allergies.

    Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.

     

    Exclusions:

    A person with a disability cannot be asked to remove his service animal from the premises unless:

    (1) The dog is out of control and the handler does not take effective action to control the animal.

    (2) The dog is not housebroken. ( service dog handler/owner is responsible for clean up and all damages )

    (3) When there is a legitimate reason to ask that a service animal be removed, example: (when having X-rays) The staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.

     

     Charges:

     People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals.

    In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.

    If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.

    Staff are not required to provide care or food for a service animal.