# Another Acess question



## WISLADY (Apr 9, 2007)

In my city there are two restaurants that I used to frequent, before I started using a Service Dog for mobility/hearing. Several people I know have been denied access to these restaurants by the owners who state "absolutely NO dogs because of owners religion". 

I would like to go back to these restaurants, but want to be fully prepared to present a calm and assertive front. In addition to my dog being impeccable groom, having a vest with SD signage, and having the printout from the DOJ, what else can I prepare myself with? Or, can the owners absolutely refuse all dogs because of religious beliefs, as they state?

I appreciate ideas others can provide me, as I want to be able to present facts. If I have a confrontation, (which I fully expect)what do I do? Just leave as others have done, or call police and file a report to document the event? I don't want to cause a hassle, I just want to be able to go to the restaurant to meet with friends like I used to.


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## allieg (Nov 4, 2008)

I thought all places had to let a SD dog in?? Am I just ill informed?


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## Kayla's Dad (Jul 2, 2007)

Why go expecting to have a confrontation?

I would check with your City/state/Municipality licensing and business departments now to see if they are violating access rules and let them have the confrontation.

Then after the authorities handle it, you can go in with a "oh did the big bad officials slap your hand"







mentality and enjoy your meal with your friends.


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## Brightelf (Sep 5, 2001)

TJ or someone will provide better legal clarification, (technically, the SD's access would be permitted if it meets ADA and any state statues regarding access/ID cape/vesting etc.) but here's a practical concern for you to, perhaps, (or perhaps not) think about:

Restaurants are the one place I _never_ wanted to force a confrontation, especially when the battle was over cultural issues regarding dogs. 

Having been in a similar situation, I remember that my food hygiene/safety concerns overrode my consideration of my right to have my dog with me, and I did choose another restaurant. If I fully expected a confrontation, I would be aware that those preparing my food may not be especially pleased with me at the time of my food preparation.







(gosh, I am being subtle here..)


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## allieg (Nov 4, 2008)

Good point Patti,
If they are like that I would figure they don't need my business anyway and take it else where.I've stopped going to certain places because I didn't like the service but loved the product.


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## WISLADY (Apr 9, 2007)

Wow, Patti, good points. Perhaps I wouldn't want to eat that food!









A person on another forum said that we must respect others religious/cultural differences, even though legally they must provide access. 

I guess I really don't want to go there, after seeing the replies here. I find this rather strange in a town where there are alot of students at the School for the Blind, and quite a few of them being paired up with Guide Dogs. Apparently, everyone just leaves after being confronted at the door of this restaurant. There are two in our town, I believe owned by the same family, and both refuse ALL dogs.

I just wish there was a nice way to educate them, and make it easier for the next unsuspecting person with a SD who goes there.


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## ILGHAUS (Nov 25, 2002)

This is a question that really can't be answered in a few words. Some would say call the local police and some would say sue them. The answer is not that clear and easy.

Some background first: The ADA (the Americans Disability Act of 1990) was a <u>statutory law </u>(passed by the legislature) signed into effect by the senior President Bush in 1990. As a law you can not call the ADA or speak with the ADA since it is words on paper. Congress mandated different Government Agencies to oversee different aspects and sections of the the ADA. 

The agency put over the section dealing with Public Access was the DOJ (Department of Justice). When a regulatory agency such as the DOJ makes laws those laws are called <u>regulatory law</u>. These agency laws are added to the Codes of Federal Regulation or the CFR.

_Another point: The ADA does not address Service Dogs or Service Dogs in Training. It was the DOJ that spoke on and clarified that Service Animals (again notice that Service Dogs in Training/SDITs) are not addressed by the DOJ either._

It was in the <u>DOJ regulatory law 28 C.F.R. 36.104 Definitions </u>that we are told what a service animal is. (The definition is scheduled to be modified this year.) 

Quote:
_Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items._

Besides regulatory laws published in the CFR, the DOJ from time to time issues technical letters and in greater detail technical manuals. In the Americans with Disabilities Act, ADA Title III Technical Assistance Manual, Covering Public Accommodations and Commercial Facilities we see what areas are considered Public Access and where Service Dogs are allowed.

Quote:
_III-1.2000 Public accommodations. The broad range of title III obligations relating to "places of public accommodation" must be met by entities that the Department of Justice regulation labels as "public accommodations. " In order to be considered a public accommodation with title III obligations, an entity must be private and it must --

Own;

Lease;

Lease to; or

Operate

a place of public accommodation.

What is a place of public accommodation? A place of public accommodation is a facility whose operations --

Affect commerce; and

Fall within at least one of the following 12 categories:

1) Places of lodging (e.g. , inns, hotels, motels) (except for owner-occupied establishments renting fewer than six rooms);

*2) Establishments serving food or drink (e.g. , restaurants and bars);*_
(Bolding is mine to highlight area used in this discussion.)


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## ILGHAUS (Nov 25, 2002)

(cont.)

Also from the above technical manual, Quote:
_III-1.8200 Other Federal and State laws. Title III does not disturb other Federal laws or any State law that provides protection for individuals with disabilities at a level greater or equal to that provided by the ADA. It does, however, prevail over any conflicting State laws_

The above gives protection to SDITs in *SOME* states which give the same Public Access rights to the handlers or trainers of SDITs as are granted to SDs. But this is best left for a different discussion as the OP stated they have a SD.

Also from the technical manual under review is the following:

_III-4.2300 Service animals. A public accommodation must modify its policies to permit the use of a service animal by an individual with a disability, unless doing so would result in a fundamental alteration or jeopardize the safe operation of the public accommodation.

Service animals include any animal individually trained to do work or perform tasks for the benefit of an individual with a disability. Tasks typically performed by service animals include guiding people with impaired vision, alerting individuals with impaired hearing to the presence of intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or retrieving dropped items.

The care or supervision of a service animal is the responsibility of his or her owner, not the public accommodation. A public accommodation may not require an individual with a disability to post a deposit as a condition to permitting a service animal to accompany its owner in a place of public accommodation, even if such deposits are required for pets.

ILLUSTRATION: An individual who is blind wishes to be accompanied in a restaurant by her guide dog. The restaurant must permit the guide dog to accompany its owner in all areas of the restaurant open to other patrons and may not insist that the dog be separated from her.

A number of States have programs to certify service animals. A private entity, however, may not insist on proof of State certification before permitting the entry of a service animal to a place of public accommodation._


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## ILGHAUS (Nov 25, 2002)

(cont.)

And now with that background we can get into the answer of how to enforce the DOJ's regulatory law.

Again from the technical manual, quote:

_III-8.0000 ENFORCEMENT

Regulatory references: 28 CFR 36.501-36.508.

III-8.1000 General. The ADA establishes two avenues for enforcement of the requirements of title III --

1) Private suits by individuals who are being subjected to discrimination or who have reasonable grounds for believing that they are about to be subjected to discrimination.

2) Suits by the Department of Justice, whenever it has reasonable cause to believe that there is a pattern or practice of discrimination, or discrimination that raises an issue of general public importance. The Department will investigate complaints and conduct compliance reviews of covered entities.

*Do State or local civil rights agencies have any role in enforcing title III? There is no provision for State or local civil rights agencies to directly enforce title III of the ADA.* They can, however, enforce State or local laws that incorporate the standards of the ADA, or they can set up alternative dispute resolution mechanisms (see III-8.6000)._
(Again bolding is mine to highlight a point.)

This brings out the fact that calling the local police dept. will not settle the issue based on ADA/DOJ (civil right laws). Law enforcement at the local level can only enforce those laws (criminal statutes) that are have been empowered to them be it city, county, or state. To bring charges or a lawsuit against a business that refuses Public Access with a SD someone must go through the avenues put into place by the DOJ. Some cases may not be of interest enough to the DOJ to follow through on and in those cases the individual most bring the charges at their own expense and time. 



*Much more information than anyone thought they would get.







But now you see why when someone says "Call the cops" or "Sue the socks off of that business" it is something that is not always so very easy to do. *

To read the above mentioned manual yourself or to look up the process to bring charges against a business --> LINK


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## WISLADY (Apr 9, 2007)

Thank you so much for the information, and the link. I guess I need to decide if I will just "let it go" (which is the easiest), as everyone else has done, or to try and talk to the people. 

I do respect their culture, but how does anyone know when going to a family restaurant what their beliefs are? It isn't something posted on the door, nor do I expect it to be. I do believe that if you are open for business, that should include everyone.

It makes me angry when my friends gather there and the only way I could join them is to leave my dog in the car, and use a SP(service person) to walk into the restaurant. At this point, I have not done this yet, if my dog isn't good enough to go in...neither am I.








I wish I had the energy to push the issue, but I am happy to be out and about, fairly independent with my SD, and don't need the stress.


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## ILGHAUS (Nov 25, 2002)

I think you should report the issue to the DOJ, information on the address to contact them is on the manual that I gave you. They may decide to make inquiries on your complaint alone or if others do the same they may go further in their investigation.

Reporting is not as much trouble as if you report and then want to stay involved or if you want to go as far as wanting to prosecute. 

If you want to report under the ADA you will need to contact the DOJ --
Quote from the already mentioned technical manual:

_III-8.3000 Investigations and compliance reviews. The Department of Justice will investigate alleged violations of title III and undertake periodic reviews of compliance of covered entities. An investigation may be requested by any individual who believes that he or she has been discriminated against or that a specific class of persons has been discriminated against in violation of title III. Where the Department has reason to believe that there may be a violation, it may initiate a compliance review.

Complaints may be sent to the following address:

Office on the Americans with Disabilities Act
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-9998_


Another option is to contact your State's Attorney General and inquire if <u>your state </u>has state statutes concerning Public Access Rights of Handlers of SDs in which case you can then make a complaint to your AG.


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## ladylaw203 (May 18, 2001)

> Quote: This brings out the fact that calling the local police dept. will not settle the issue based on ADA/DOJ (civil right laws). Law enforcement at the local level can only enforce those laws (criminal statutes) that are have been empowered to them be it city, county, or state. To bring charges or a lawsuit against a business that refuses Public Access with a SD someone must go through the avenues put into place by the DOJ. Some cases may not be of interest enough to the DOJ to follow through on and in those cases the individual most bring the charges at their own expense and time.


This is true. We can however make suggestions..........








Are the pshysicatric dogs now included ?


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## ILGHAUS (Nov 25, 2002)

Renee,
This new definition is being pretty well accepted as going to pass. Just waiting for the new Administration to give approval.

New Proposed Service Animal Defintion
PART 36-NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS 
AND IN COMMERCIAL FACILITIES 

Subpart A-General 

PROPOSED DEFINITION 
Service animal means any dog or other common domestic animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing minimal protection or rescue work, pulling a wheelchair, fetching items, assisting an individual during a seizure, retrieving medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and assisting individuals, including those with cognitive disabilities, with navigation. *The term service animal includes individually trained animals that do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities. *The term service animal does not include wild animals (including nonhuman primates born in captivity), reptiles, rabbits, farm animals (including any breed of horse, miniature horse, pony, pig, or goat), ferrets, amphibians, and rodents. Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals. 

(Bolding is mine.)


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## WISLADY (Apr 9, 2007)

Thanks for all you input.

I wonder how this story will play out regarding the proposed new laws. The woman ( a muslim) who is using a Service horse as it fits into her culture better than a dog.

"According to the Americans with Disabilities Act, Cali must be treated like any other service animal who accompanies a person with a disability".

http://www.freep.com/article/20090409/FE...for+blind+woman


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## ILGHAUS (Nov 25, 2002)

_The term service animal does not include wild animals (including nonhuman primates born in captivity), reptiles, rabbits, farm animals (including any breed of horse, miniature horse, pony, pig, or goat), ferrets, amphibians, and rodents._

This new definition clarifies that ponies and horses will not be considered service animals. So the woman who rides her horse through Target and all the people who take their pigs and ponies, snakes, etc. to the grocery store or the local mall will no longer be able to do so.


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