'round here we refer to everyone with Mr. or Miss./Mrs...or by saying hon or darlin....lol
Must be a southern thing...
But we are gonna get in trouble..talk about thread drift.....
Woops..looks like we did while I was typing.....sry Mam.

 Quote: Ed Frawley

The dog was unruly and created a disturbance – the dog was jumping on people. When asked to control the dog the person did not and the dog continued to bother other customers.
The man was asked to leave - which he did. He is now suing.

Under these conditions the establishment had the right to ask the team to leave. There are many imposter service dogs out there that have had little to no training, the more they are exposed, the better it will be for the teams that have put in the hours/cost for proper training. A witness stating they were jumped on by the service dog{ they felt threatened by the dog } should be all that is needed.

Well now, it either comes under federal statues or it doesn't.

And if it does why isn't there a certification requirement to be met.

Any clearer my lil'Willimae dear?

Good point Tammy.

Lol Randy.....
It is under Federal law.
As far as why isn't there a requirement for certification...I don't know.
I would imagine that it is because there is such variation in what each dog is required to do.....What one team would see as a disobedience another would see as an asset.

Tricky to define and standardize...

I would think OB would be a good start.

So it's in the federal laws under the disabities act?
Anybody got a link to this law?

Willie,
I think it's the same as figuring out what "free appropriate public education in least restrictive environment" is for kids with special needs. It's all so individual. But I do agree with the OB!

http://www.ada.gov/svcanimb.htm

Perhaps the dog was indeed a service dog,just not well trained.
When I was a girl we lived for a time in mid-town Manhattan. Each am I walked my dog. A girl my same age (12?) who was blind got a seeing eye dog. We walked our dogs the same time each morning. He was a nervy GSD, terrified of traffic, slinky. He looked ready to bolt at all times. He walked her to a private school.
I saw her every day, trying to make it work. Finally her Dad was with them almost all the time. Then there was no more dog, and I didn't see them again.

There is no certifications for service dogs, which makes this really tricky.

Anyone these days can claim to have a "service dog," trust me.

Have the lawyer check out--->http://animallaw.com
Nice database to search through, state by state!

Also he should chat with Kristen, moderator and owner of the site Service Dog Central. She can give you a great deal of info in regards to service dogs---> http://www.servicedogcentral.org/content/ According to her, a service dog "...is trained to perform tasks that the disabled owner cannot do for themselves, and that mitigate that person's disability. It typically takes 18-24 months of expert training for a dog to become a service dog."

A service dog is "Effective February, 2011, “Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.”

There are people who want to take their dogs everywhere and so to do that all they need is a letter from their doctor stating the dog is for such and such because we deem Mr/Mrs So and so disabled. There are scammer websites such as NSAR Service Dog Registry that is FAKE! All you have to do is pay X amount of dollars to "register" your dog and they will send you a badge, a vest and some certificate. Legit service do not have this! There is also another site where for another X amount of dollars you can have a set of doctors "determine" your need for a service/emotional service dog. All people have to do these days is pay money to have their non-trained pet dog as a "service animal."

Service dogs in the States do not, according to the site Service Dog Central, do not need to be certified.

When this goes to court, I personally think that the restaurant owners could win because they did ask the customer to control the dog and the customer ignored them. I can tell you that people who have legit service dogs would've 100% complied with the resteraunt owners.

The restaurant manager had the right to dismiss from the premesis any Service Dog, regardless of how legitimate, if the owner refused to control the dog. Even a Guide Dog from a well-known agency, should he/she be out of control, MUST be brought back under control by the handler when asked. ADA is a federal document.

This summarizes the Service Dog portion of the ADA pretty well. The section you want regarding disruptive Service Dogs and a manager's freedom to dismiss them is on the right hand side of the page.

http://www.dbtacnorthwest.org/_public/site/files/ada/documents/ServiceAnimals.pdf

Basicly, proving this dog was "not a legitimate Service Dog" is work, and not necessary. ANY out of control SD can be dismissed, regardless of how legitimate. The manager was within his rights-- if: 1.) indeed the dog was out of control, and 2.)the handler was given a chance to correct that and 3.) refused to comply.