I have mixed feeling about these cases. I don't know the whole story so I can't "pick a side". There are a lot of amazing service dogs out there with great honest owners. If this is the situation here I hope this woman wins.
There are however many people with self proclaimed service dogs. To have a service dog you are not required to take a test and have the dog pass. ( some organizations do make the dogs pass test but you don't have to get a dog from one of these places.)
For example I have a client that needs a service dog. She was coned by a bad breeder in my area to buy a pup for $1000.00 and was told it would be guaranteed to make a service dog. The dog was diagnosed with elbow dysplasia at 7 months the breeder told her that this was not a problem, the dog could still work just not jump. The vet told her it was up to her. The dog had been to 3 trainers before coming to me. He is weak nerved, very soft, low motivation, and dog aggressive. I was the first person that did not take her money but told her the dog did not have the temperament ( or health ) to be a service dog. She begged me to help her and said she would work with me and prove me wrong. She can barely walk so as you can guess the dog is now 4 and still has all of these problems. He has attacked several dogs and snapped at other customers in the same business she was in. I finally got an email saying she was retiring him and want me to help her get her next dog.
So I would not want a dog like this in my business even though he is a service dog. I came around the corner of the grocery store the other day to a "service dog" that lunged and wanted to take my face off. The owner apologized and said I had scared him and if he saw me coming he would not have done that. Are you kidding me??That breeder is still selling service dog puppies and I know the trainers are still training service dog. I would say only 1 in 10 is a real service dog in my mind.
It's not about choosing a side. Federal law mandates that disabled handlers with service dogs are allowed access to public spaces in the same manner as any other private citizen.
The dog mentioned in the above post is completely unsuitable as a service dog.
There is no 'standard' testing requirement because each dog's training is so individualized. Even so, among service dog handlers it is understood that a service dog usually has a CGC before they begin their service training. There is also a list of public access behaviors that need to be trained and tested. To just throw a vest on an ill-mannered dog and call it a service dog is exceptionally unethical, and not at all a reflection of the average service dog handler. In my area I haven't seen it at all, but I know it does happen.
It's terrible that some folks try to 'fake it' and that others are ill-prepared to manage a dog and can't get/afford the help that they need to do so, but that doesn't negate the rights of the disabled.
If a dog isn't well-mannered or is behaving in a dangerous/disruptive way and the handler can't/won't correct the behavior, the establishment is well within their rights to ask that the dog be removed, service dog or not but ONLY under those circumstances.
There was no mention at all about inappropriate or threatening behavior by the dog, so in that instance the law firm was in clear violation of federal law.
Like I said in this case if the dog had not displayed any poor behavior previously then they are in the wrong and I hope she win her suit and then some.I support and train service dog and don't want anyone to think otherwise. I was just trying to say that as a business owner you should be able to ask people to leave with ill behaved dogs and not all service dog are properly trained. It is easy to jump on the side of the disable person without getting the whole story.
I am reminded of a little girl in NYC who had a guide dog for the blind that was just awful. He was a spooky slinky fearful shepherd, we would be walking our dogs at the same time, before school, then I'd be walking to school and see her. The dog would pull her toward traffic, pull her sideways down the sidewalk, I felt so bad for her. Sometimes her mom or dad would be along trying to help out.
So they aren't all great, that's for sure.
From what I have heard the dog was denied access due to someone within the firm having a fear of dogs. If this is the case, this is not a legally valid reason for banning a SD from an establishment.
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