Howard, I want to make it absolutely clear that I think you guys did a fantastic job handling this. I take my hat off to you for that. Yes, the guy may use the info to continue to abuse the system, but that is what people like that do. He could actually have a legitimate issue needing the dog, and maybe this will help him to be a better dog owner and handler as well. The choice is his, all you can do is hope for the best in this case.
My big concern is the owner of the theatre being jaded because of this, and taking it out (unintentionally) on the next service animal. Every time something like this happens, it seems to pave the way for the legitimate service animals and handlers to be discriminated against. In that situation, everyone loses.
In the case of the dogs wearing a cape, well, sometimes that is not possible. The "uniform" for the dog is something the owner/handler must spring for, and some people just simply don't have the money. There are also places where it is simply too hot for a cheap nylon cape, and that puts someone who may not have the $60+ to buy a harness or lightweight vest/cape in the position of what is best for the animal - thus no cape.
It would be nice if the ADA would use some of their attorney funds to make capes/vests available to legitimate dogs - maybe as an incentive for the dogs to be put through the CGC...
Send us a copy of your CGC evaluation and we will send you, free or for shipping costs only, a cape for your animal to wear.
Since they are not required to have ID on the animal (or even carry it) due to the whole violation of privacy thing, then it makes someone living hand to mouth (or maybe not even doing THAT well...) bump ID for the dog to the bottom of the finantial priority list. If there was a program that supplied it, it would probably help this whole issue out.
Most people that I have seen using a legitimate dog have at least attempted to ID them somehow. One guy I know made a cape, and his wife hand sewed patches on. The problem with this was that it was clearly handmade. They did not have the money to purchase a cape, and when they were repeatedly stopped and questioned because the cape was handmade and not "official enough looking" eventually they stopped putting it on the dog because they still were treated as abusers of the system, even though they did the best they could to make do.
I actually gave them a ruffwear cape that I had (blaze orange) to sew the patches on to help them out. I was so pissed that the local wallmart refused them access because the cape was handmade. I also helped them find the resources through ADA to press charges, but they didn't want to make a big deal of the whole thing, they just wanted to be considered "normal" and not attract mroe attention to themselves. Anytime they have to go to wallmart now, they drive across town so they don't ever have to set foot in the original store again - they were absolutely mortified and embarrassed.
Granted, this is one case. But if it happened to one person, I know that it has happened a lot elsewhere. If it was NOT common, there would be no need for the ADA. The way I look at it, it's a lot like food stamps. Yes there are a lot of people who abuse it. Thousands even. But just because it is abused doesn't take away from the people that truly use it and need it. Some of the laws NEED to be open and loosely governed to protect the people they are there for in the first place. But I fully support throwing any abuser of the system in jail and making them wish they never tried it. I just hope that those people don't put an end to the program or make so impossible to GET a service animal that the people who NEED them and cannot AFFORD one go without and lose that valuable assistance.

Link to the Florida Statute regarding service animals:

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=413.08&URL=CH0413/Sec08.HTM

The way it's written, it is so vague that I believe you could take a pig to the movies and claim that it was a 'service animal', and have a good lawsuit to pursue if you got kicked out.

Interesting that you can ask the person if the animal is a service animal, but they don't have to show any proof. And apparently you (a business owner) can query as to what services the animal performs, so as to determine that the animal is not a 'pet', but the service animal is not required to wear anything identifying it as a service animal. Maybe not everyone can afford a vest, but how about a collar tag?

Cameron,

I couldn't agree with you more. The few bad apples can ruin it for everyone.

I can assure you that this manager is now well versed in the law. I explained to him in detail what he can, and cannot do. I don't believe he is going to abuse, or take out any vengeance on the next dog owner that walks in. There's no need to. One of his primary goals as manager is to keep the business out of court. To exact vengeance on a person bringing an alleged service dog in the building would be suicide. He is well aware that if the police can't 100% confirm that its a real service dog, he cant either.Why would he chance it? He knows the statute heavily favors the citizen holding the leash so my opinion is that he will be even more occomodating knowing what he knows now.

This manager wanted to speak with our guy when we were done with him. The mgr. wanted to try and make things right. I advised him against it. In his effort to straighten things out he may have made it worse, or violated a law in front of us which we would then have to make an arrest. Again, I offered my services to the business if they needed help in court and told him to let it go at that. No sense poking the angry bear.

As far as your friends at the Walmart...well it appears they have a case. I'm betting that they are just good people and thats why they let it go. Some folks don't deserve the afflictions bestowed upon them. Heartbreaking.

Howard

Lynne, Its a carch 22 for sure.

 Quote: Lynne Barrows

The way it's written, it is so vague that I believe you could take a pig to the movies and claim that it was a 'service animal', and have a good lawsuit to pursue if you got kicked out.

Interesting that this was mentioned... as it turns out, pigs actually make very GOOD service animals. They are extremely intelligent, and can actually do a lot of things service related very well.

 Quote: Cameron Feathers

 Quote: Lynne Barrows

The way it's written, it is so vague that I believe you could take a pig to the movies and claim that it was a 'service animal', and have a good lawsuit to pursue if you got kicked out.

Interesting that this was mentioned... as it turns out, pigs actually make very GOOD service animals. They are extremely intelligent, and can actually do a lot of things service related very well.

Let's not forget their use as bacon......Yumm!
Sorry!

lol
I think the smell of bacon in the morning is the only thing that will get me out of bed early.
It wakes my dogs up early too...(keeping it on topic...)