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if someone tells me i cant bring my service dog into a resturaunt what do i say back?
like what ada laws and titles correspond
- KirstenLv 71 decade agoFavorite Answer
If you are disabled and your dog is individually trained to perform tasks that mitigate your disability, then you say,
"I'm disabled and this is my service dog which I require because of my disability. The Americans with Disabilities Act protects my right to enter those areas of businesses which are open to the public accompanied by my service animal. You can confirm this yourself by calling the U.S. Department of Justice at their toll-free ADA hotline. The number is 800 - 514 - 0301."
Be aware that the restaurant or other business has a right to ask you what your dog is trained to do to mitigate your disability, but not specifically about your disability itself. If you do not answer when asked what your dog is trained to do, or if your dog behaves inappropriately (disruptive, threatening or out of control), then the restaurant or other business has the right to have the animal removed from their premises, but they must still serve you without your service animal.
The ADA is a federal civil law. It is not enforced by local police. It is enforced by civil suit which might be filed by the U.S. Department of Justice based on a series of complaints about the same business, or by the individual who faced discrimination if there aren't enough complaints to get the Department to act. Some states have criminal laws on discrimination that the police can enforce, but most do not. Check with your state's attorney general to find out if your state has such a law on the books.
If the answer above doesn't resolve the problem, your best bet is to leave and file a complaint with your state's human rights commission, your state's attorney general, or the U.S. Department of Justice. Generally the ensuing investigation will result in an apology and change in policy.Source(s): I'm a service dog trainer and disability advocate.
- Stacey S.Lv 51 decade ago
As someone else has stated, go somewhere else & you can tell them that you will be reporting them.
Make sure you carry a card stating the rights of service dog owners, as listed by the ADA, including Internet and telephone numbers where the voice of authority can be reached to support the needs of the service dog's owner and his/her canine companion.
- 1 decade ago
Kirsten is right... read her answer....do realize that you are not likely to get much support from the local police, sometimes officers are very aware of how the law applies to SDs and might tell the restaunt owner/manager that they HAVE to allow you, other times they are just as mislead as the public and might threaten to arrest you for criminal trespass for refusal to leave the premises after being informed to leave. I have witnessed several ocassions while accompanying a disabled individual and a S.D. where a store or restaraunt manager will not back down no matter what, and once where one was misinformed by a health inspector that was telling restaraunts that ONLY seeing eye dogs are allowed ( I personally tracked down THAT health inspector and had quite a chat with her boss, cured that problem...)
-Be eloquent but firm in stating that IF they intend to deny you access you will report them to the enforcing body that governs handicapped access, the Department of Justice...but understand they are NOT open 24/7 (BTW option 7 if memory serves right ) so you will probably not be able to reach them on a cell phone while you are actually having the problem... handing someone a printout (with the URL of a reputable source like "ada.gov" or from your local state gov pages, not just something that was typed up) MIGHT be of help but dont expect it to be well recieved... having an ID tag for your service dog with itsy bitsy tiny text on the back is not much help either... learn to quote the law in a very calm assertive matter of fact tone and hope that the other party is not bullheaded. IF they are, document everything, names, hopefully you have a witness, time, *exactly* what was said, and report them.....the DOJ will help them find it in their hearts to be nicer to the next person.....
...honey and vinegar.... if honey doesnt work, use a firehose fulla vinegar by reporting them, the DOJ will straighten them out... especially if theres more than one complaint...of course there is youtube, a witness might videotape the incident and post if for the world to see and if the DOJ was told where they could view it..... not that Im suggesting that anyone accompanying you flip the old cameraphone to video mode and zoom in on their face, if you should ever have a problem.....
quoted directly from : http://www.ada.gov/svcanimb.htm
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Americans with Disabilities Act
ADA Business BRIEF: Service Animals
Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets.
Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.
Caption: Businesses that serve the public must allow people with disabilities to enter with their service animal.
Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability.
People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.
In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.
Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.
Violators of the ADA can be required to pay money damages and penalties.
If you have additional questions concerning the ADA and service animals, please call the Department's ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY) or visit the ADA Business Connection at ada.gov.
Duplication is encouraged. April 2002Source(s): Several years training service dogs. http://www.ada.gov/svcanimb.htm
- joanplus4dogsLv 71 decade ago
Go to the website on ADA to check for rules but as long as your dog is a registered service dog they can't deny you or ask what your illness is that requires a service dog. You can report them & call police if needed.
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- Rotten RottsLv 71 decade ago
As long as you had the dogs service dog ID and/or had a vest, you should have called the cops.
You should have been given all this information when you received the trained dog. Call the school that trained him and ask them where the laws for your state are.
- 1 decade ago
I agree with Rotton Rotts. They're not going to throw you out by force. All they're going to do is call the cops and if you have the proper documentation then there is nothing they can do. And if for some srange reason you are kicked out by the cops well you have two people to sue. The city and the resturant owners!!!
- Anonymous1 decade ago
You tell them that you will take your business somewhere else and also inform them that service dogs are allowed anywhere and you will be reporting them to the approriate people.
- horsingaroundLv 41 decade ago
I would then ask to use their phone to call your lawyer or better yet the MEDIA..then they might think twice about being ignorant to someone and their dog..