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I hope this guy loses his restaurant. To stubbornly refuse to abide by the law is asking for repercussions.
I'm puzzled by the statement that the dog had no service dog ID on it. Isn't it required? I'm sure there is more to the story.
Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
(this is put in place because there is no universal identification system given the number of service dog schools, service dog tasks and types and Self trained service dogs...(though taking this case to courth the handler will have to provide the judge with documentation form his dr of his disability and their support of service dog use))
the resturaunt owner has probably had somone come in claiming their dog is a dservice dog and the dogs caused issues so is now on edge and up in arms. HOWEVER raher than learing his rights as the owner hes now barring ALL ervice dog handlers and that's going to get him in deep trouble.
as the owner he COULD ask a service dog team to leave if the dog is being actively disruptive (so someone comes in with a fake dog nd the dog is being a problem THEN they can legally ask them to leave no worries...) but in this case...hes gonna get his butt handed to him it the handler dcides to push further (and as a SD handler I hope he does)
This is why most businesses are silent and allow obviously fake service dogs to come in. It is because they can not trust minimum wage clerks to judge who is genuine and who is not. A mistake made, a genuine service dog not allowed in, and the business owner gets sued even if he wasn't there and even if store policies are correct.
It's just safer to allow all in and not permit clerks to make a determination which might be incorrectly made.
yes they can abslutly ask "is that a service dog" and "what services does the dog provide" (or "how does the dog assist you") ect
they can also ask ANY service dog team to leave f the dog is misbehaving/acting in a manner unbefitting of a service dog (ie barking/growling/nipping at other customers (assuming the barking isn't an alert behavior) sniffing at the food counter, jumping up at other customers, licking produce in a grocery store, half way around the store on the end of a flexie while its handler is 4 isles away chating to a frined ect...
if a team is acting in a manner befitting a service dog team (ie the dog is on its best behavior) then the business should always assume the team is legit...(even if its not...)
however businesses do have their own legal rights and protections if a team is being legitimiatly disruptive, seems fake ect...
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