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Old 02-24-2014, 02:02 PM
 
451 posts, read 813,020 times
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Quote:
Originally Posted by LandsharkJB View Post
Obiously the staff was in the wrong since you can't legally ask for the dog's papers even though you could buy one of those vests of ebay, but the statement of Jazzalyn Jester is more laughable than her name.


“There’s nothing that can take away the public humiliation, the self-humiliation that you feel after that happens to you,” she said. Jazzalyn said she has filed an Americans with Disabilities Act complaint and that she plans to take legal action.


Yeah.... that's a money grab.
Agreed, this sounds like frivolous nonsense. I'm a firm supporter of the ADA and the use of service animals of all breeds, but this sounds like a bad apple that could ruin things for the whole bunch.
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Old 02-24-2014, 05:55 PM
 
25,779 posts, read 38,979,903 times
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Quote:
Originally Posted by spbbound View Post
Her girlfriend posted about this on Yelp too:

Denied Service Because of Disability | St. Petersburg | Yelp

Looks like one person kind of questioned her on it, well, pointed out she had no problem questioning someone else's service animal yet expected no one to do the same to her. In any case, sounds like a bunch of bs or prelude to a cash grab to me since she's definitely making the rounds in as many places as she possibly can to get this story out. Her Yelp profile pictures show the dog several times with a choke chain on; never seen a service animal that requires a choke collar...
So she is blind which is very sad and I'm sorry to hear but shouldn't her dogs have more signs if she is really blind...

Any and all blind people I ever saw with a dog have clear signs to show that they are having a service dog and this seems not be the case.

It sounds a little like a car without the handicap sign and stating "can't you see I'm entitled to park here"
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Old 02-24-2014, 05:58 PM
 
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We deny any Pitt Bull or breed that is considered vicious and we have the right to do so since Florida law doesn't waive liability for owners in case the tenants dog will bite someone and owners will or can be held liable so it is up to the owner to deny a certain breed which is not considered discrimination since we have it up on our website and it is across the board.

Quote:
Originally Posted by thethinktank View Post
Doesn't sound like a legally-required policy, but a preference by you or your company. There's no official municipal, state or federal accreditation for service animals. Any badges/jackets/papers you get are from private companies that are basically selling certificates for a profit, they are not legally-recognized documents.



There are no breed restrictions on service animals. Service animals can be legally used to manage not only visible physical disabilities but a range of unseen disabilities both physical and psychological. With regard to this breed specifically and the nature of the conditions recognized by the American Disabilities Act, the only issue here is ignorance.



One common condition that service animals are often trained for is epilepsy. Service animals can recognize epileptic episodes before they happen, and they are trained to both alert the owner and stabilize them before they seize.



Personal ignorance about the breed is not a stable basis for a lawsuit.



This is a reflection of a lack of education about service animals and the Americans with Disabilities Act. You can quench that wonder on your own with a bit of research.



Not all disabilities are physically visible, and those that are not are no less legally justified in owning a service animal. There are no breed restrictions on service animals, and selecting one of the breeds commonly referred to as "pit bulls" is actually a wise choice for their trainability and intellect.

---

I don't own a pit bull nor am I disabled, but I've read the laws about service animals, property law and the americans with disabilities act, etc. It's clear there's a lot of ignorance about disabilities, service animals and dog breeds that needs to be properly educated.
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Old 02-24-2014, 07:03 PM
 
515 posts, read 1,142,453 times
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The law is BS and needs to be rewritten. I have no problem at all with service dogs, however it's ridiculous that all someone has to do is say that a dog is a service dog and nobody (even the police) are allowed to question it or demand any proof. Such dogs should be required to be registered just like any other dog, but also have a designation on their registration tag. That at least will give people something tangible to confirm whether or not the animal is a true service dog.

As has been previously stated, all someone needs to do is go on eBay and get a service dog vest. Then you can take your dog everywhere you want and claim it's a service animal. Most people will never challenge you because they know that they can't legally do it. The manager in this instance either didn't know the law or decided she would try to call the girl's bluff.

If her dog truly is a service animal, she will definitely get money from McDonalds. She will also have to prove to a court that her dog truly is a service animal. The court doesn't have to just take her word for it like everyone else must.
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Old 02-24-2014, 07:11 PM
 
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To me it is strange that a breed that can cause so much injuries if the dog will bite, can be a service dog...something is wrong.

There is a reason that this breed is on the list of 10 most vicious dogs!
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Old 02-24-2014, 07:18 PM
 
515 posts, read 1,142,453 times
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Quote:
Originally Posted by thethinktank View Post
Doesn't sound like a legally-required policy, but a preference by you or your company. There's no official municipal, state or federal accreditation for service animals. Any badges/jackets/papers you get are from private companies that are basically selling certificates for a profit, they are not legally-recognized documents.
A landlord is allowed to ask for proof that an animal truly is a service animal. A landlord cannot ask specific questions about the person's disability, but there have been several federal court cases that have been results of landlords being sued for violating this portion of the ADA. Federal courts have ruled that landlords can require proof that the animal is a service animal. That proof may come from state or county issued registration (in some states where this is done), private training certificates, or even a certification from the tenant that they trained the service dog themselves and require it for accommodations of a disability under ADA. If the landlord doesn't accept whatever the tenant gives them and denies housing based on that, then that's a recipe for a lawsuit.

Believe me, there are plenty of people out there who abuse the whole service animal provision in the ADA because they know it's easy to do. Many of them get their bluff called and quietly go away. The problem is when someone with a true service animal is denied something that they are entitled to under the ADA and they have grounds for a lawsuit.
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Old 02-24-2014, 07:26 PM
 
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We never had any issues with this and even had people claim service dogs and never came back to show proof we asked.

Aside from that I wonder if any owner can be forced to take a Pitt Bull as a service dog if their home insurance will not accept that breed and the liable will be fully for the home owner.

Something seems typo be very wrong with this law if that is the case.

But I assume the law was not made with the understanding that these types of dogs can now be service dogs.it is waiting for an accident to happen.
Quote:
Originally Posted by Occifer View Post
A landlord is allowed to ask for proof that an animal truly is a service animal. A landlord cannot ask specific questions about the person's disability, but there have been several federal court cases that have been results of landlords being sued for violating this portion of the ADA. Federal courts have ruled that landlords can require proof that the animal is a service animal. That proof may come from state or county issued registration (in some states where this is done), private training certificates, or even a certification from the tenant that they trained the service dog themselves and require it for accommodations of a disability under ADA. If the landlord doesn't accept whatever the tenant gives them and denies housing based on that, then that's a recipe for a lawsuit.

Believe me, there are plenty of people out there who abuse the whole service animal provision in the ADA because they know it's easy to do. Many of them get their bluff called and quietly go away. The problem is when someone with a true service animal is denied something that they are entitled to under the ADA and they have grounds for a lawsuit.
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Old 02-24-2014, 07:47 PM
 
515 posts, read 1,142,453 times
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Quote:
Originally Posted by bentlebee View Post
Aside from that I wonder if any owner can be forced to take a Pitt Bull as a service dog if their home insurance will not accept that breed and the liable will be fully for the home owner.
Most of the time people are not forced to take any specific dog as their service animal. Depending on what the specific needs are, some of it comes down to certain breeds doing better than others but the rest comes down to personal choice.

The ADA has nothing to do with private liability insurance coverage. It involves businesses making necessary accommodations for persons with disabilities to access their facilities. An insurance company doesn't have to alter their binder because a dog may be a service animal and has the right not to insure a person if they have certain breeds that they deem unacceptable. It's not an ADA violation for the insurance company to do that. Looking at life insurance for example, plenty of people with disabilities are denied life insurance policies because their disability makes them high risk. Nothing illegal about that.

It's another story for an apartment complex. If a prospective tenant comes to your property with a pit bull and it is legitimately a service animal, you may not use that as a reason to reject the tenant. That is an ADA violation. It's a service animal, not a pet. The law makes a distinction between the two. If you get sued in federal court you will definitely lose, and it's not a defense to say that your insurance won't allow it. The ADA and all other laws always trump whatever an insurance policy or company rule says.
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Old 02-24-2014, 07:53 PM
 
25,779 posts, read 38,979,903 times
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But the owners home owners insurance may not cover anything due to a Pitt bull....
Quote:
Originally Posted by Occifer View Post
Most of the time people are not forced to take any specific dog as their servicqanimal. Depending on what the specific needs are, some of it comes down to certain breeds doing better than others but the rest comes down to personal choice.

The ADA has nothing to do with private liability insurance coverage. It involves businesses making necessary accommodations for persons with disabilities to access their facilities. An insurance company doesn't have to alter their binder because a dog may be a service animal and has the right not to insure a person if they have certain breeds that they deem unacceptable. It's not an ADA violation for the insurance company to do that. Looking at life insurance for example, plenty of people with disabilities are denied life insurance policies because their disability makes them high risk. Nothing illegal about that.

It's another story for an apartment complex. If a prospective tenant comes to your property with a pit bull and it is legitimately a service animal, you may not use that as a reason to reject the tenant. That is an ADA violation. It's a service animal, not a pet. The law makes a distinction between the two. If you get sued in federal court you will definitely lose, and it's not a defense to say that your insurance won't allow it. The ADA and all other laws always trump whatever an insurance policy or company rule says.
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Old 02-24-2014, 08:15 PM
 
515 posts, read 1,142,453 times
Reputation: 559
Quote:
Originally Posted by bentlebee View Post
But the owners home owners insurance may not cover anything due to a Pitt bull....
The owner just has to either personally deal with the potential liability issues or else go out and find another insurance company that accepts the breed.

If you're speaking from a landlord's perspective, it doesn't matter. The ADA is the ADA. You can't refuse to give someone reasonable accommodations allowed by federal law because your insurance company doesn't like their dog. That's not a recognized exception to the ADA. Federal law supersedes anything in your insurance policy binder, and I'm sure somewhere deep inside that insurance policy there's a paragraph that says so.

The only time that a property owner may take any action against someone with a service animal is if the animal is acting aggressively or otherwise creating a legitimate problem. Owner's still have to pick up after them, they can't bark uncontrollably, etc.
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