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Apparently it's a service dog, and under ADA she has a case. But somehow I think it may be an emotional support animal more than a service one, unless the dog is specifically trained to help her out during her anxiety attacks.
Kayleigh Painter, manager of investor and media relations for Dollar Tree, said the company was investigating the matter. “Our policy absolutely welcomes service animals in our stores,” Painter wrote in an email.
“I think it’s a clear violation of the ADA (Americans with Disabilities Act),” said Rockville attorney Marc Smith, who isn’t involved with this case.
Smith said any breed of dog can be a service animal, and the dog doesn’t need to wear a vest or tag that indicates it’s a trained service animal. Smith said there are only two questions that can be asked of a person with a service animal: is the service dog required because of disability, and what work or task has the dog been trained to do?
“That’s it — you can’t make any inquiries about the nature of the disability or anything else,” Smith said.
True service dogs, I can understand. Emotional support animals are simply an excuse to take your dog, cat, iguana, mouse, snake, or porcupine shopping with you. If you are that messed up that you need your pet with you to function, you need help, and not the 4 legged kind.
The article does draw the distinction between service animals and emotional support animals, though, and seems to suggest that the dog is, indeed, a service dog. If that's true, Dollar Tree may have to change their name to Two Dollar Tree to pay for the lawsuit they're going to get rightfully smacked over the head with.
More companies and states are starting to crack down on this scam. Good for them. If people want to spend tens of thousands of dollars to get their pets certified by a legitimate training facility a la The Seeing Eye Institute then they indeed deserve to have special access. However, paying ten bucks to a website to get a piece of paper and buying a cute little vest for your chihuahua still makes it a pet and not a service animal.
Leave the pet at home or hire a pet sitter or drop it at doggy day care. Or maybe get real therapy for your problems
Location: Prescott Valley,az summer/east valley Az winter
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Story said that service dog was not wearing its service vest and woman would not verify it was a service animal. Personally as a person that is moderately allergic to poodles short haired dog I cannot sympathize. All she had to do is have the service dog properly identified. Too many people are CLAIMING service animals that are not. She was asked to provide proof and declined to ~ I sympathize but side with store on this one.
Story said that service dog was not wearing its service vest and woman would not verify it was a service animal. Personally as a person that is moderately allergic to poodles short haired dog I cannot sympathize. All she had to do is have the service dog properly identified. Too many people are CLAIMING service animals that are not. She was asked to provide proof and declined to ~ I sympathize but side with store on this one.
Law says she can not be asked to provide proof. Personally, I think that law needs to changed to take some of the steam out of this issue, but for now, she was under no obligation to show papers. The article specifically says she did identify the dog as a service animal, and no, the dog is not required by law to wear a vest.
She appears to have done everything by the book here.
Quote:
Originally Posted by PilgrimsProgress
More companies and states are starting to crack down on this scam. Good for them. If people want to spend tens of thousands of dollars to get their pets certified by a legitimate training facility a la The Seeing Eye Institute then they indeed deserve to have special access. However, paying ten bucks to a website to get a piece of paper and buying a cute little vest for your chihuahua still makes it a pet and not a service animal.
Leave the pet at home or hire a pet sitter or drop it at doggy day care. Or maybe get real therapy for your problems
You seem to be confused again. The article specifically states that it was a legitimate service dog, not a therapy dog or support dog. None of your business why she needs it if a doctor says she does.
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This gets more and more confusing.
There are internet businesses that will print you up a certification that you have an emotional support animal.
This story seems to suggest you don't need that; that all you need is to verbally tell the business that you have a service dog, and no further questions could be asked legally.
So you could take whatever dog you have, into whatever business you want, and state verbally with no documentation whatsoever that this is a service dog, and the employee must back off.
Well, hm. Tell the airlines that. They're not putting up with this anymore. You have to have documentation.
I'm certainly not unsympathetic to this vet with her PTSD. Nor am I unsympathetic to other people with PTSD who also want to bring their little doggies along with them. It seems clear, that some people can't function without their companion animals.
BTW, it doesn't have to give out your medical/confidential information. Just a badge you can show, that you have an actual service dog.
This story seems to suggest you don't need that; that all you need is to verbally tell the business that you have a service dog, and no further questions could be asked legally.
So you could take whatever dog you have, into whatever business you want, and state verbally with no documentation whatsoever that this is a service dog, and the employee must back off.
Well, hm. Tell the airlines that. They're not putting up with this anymore. You have to have documentation.
That's right, that's exactly what the law says. But it's important to remember the significant differences between a service animal and a support animal. The law treats the two differently. A public accommodation such as a business is not allowed to ask for documentation for a service animal, or ask what the dog is for. They also can not refuse service unless the dog appears out of control and the owner is unable to control it. And yes, that does leave the door open for abuse, and yes, I think service animals should be required to have registration papers, but for now it just is what it is.
Not all airlines require documentation for service animals, and in fact, I think most don't (unless you're flying internationally). I do believe that most if not all require documentation for support or therapy animals.
That's right, that's exactly what the law says. But it's important to remember the significant differences between a service animal and a support animal. The law treats the two differently. A public accommodation such as a business is not allowed to ask for documentation for a service animal, or ask what the dog is for. They also can not refuse service unless the dog appears out of control and the owner is unable to control it.And yes, that does leave the door open for abuse, and yes, I think service animals should be required to have registration papers, but for now it just is what it is.
Not all airlines require documentation for service animals, and in fact, I think most don't (unless you're flying internationally). I do believe that most if not all require documentation for support or therapy animals.
Why this was not a requirement when they added service animals into the ADA does not make sense to me.
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