Veteran with Service Dog asked to leave Gun Show

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  • actaeon277

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    Yea, your perception of its legitimacy doesn't really have a legal leg to stand on. I don't see anywhere in the ADA guidelines where it allows to a store owner to refuse service if they perceive the animal to be fake. The ADA guidelines also allow for trainers, and all
    dogs start somewhere. I'm not saying you are wrong or that particular scenario wasn't a fake dog, but I really hope you weigh the cost of those actions versus the benefit. I've already been involved with 2 parties who won lawsuits based on similiar stories.

    The law regarding what is and is not a "disability" is pretty refined. You may diagnose yourself, but if it came down to a lawsuit, you would have to be objectively correct in your self diagnosis and what you diagnosed yourself with would have to be an actual disability.

    From post 91
    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.

    People bring their pets in and call it a "service dog" does not make it a "service dog".
    So, if someone brings their pet in, and calls it a "service dog" but it's not a "service dog" then no, he did not break the law.
    The law covers "service dogs" not "pets".

    Fake service dogs a growing problem - NBC News

    Fake service dogs a growing problem
    Under the Americans with Disabilities Act, it's a federal crime to use a fake dog. And about a fourth of all states have laws against service animal misrepresentation.
    Often, people who want to take their pets into restaurants or retail stores just go online to buy vests, backpacks or ID cards with a "service animal" insignia.

    Seems pretty defined to me.
     

    actaeon277

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    § 35.136 Service animals
    (f) Inquiries. A public entity shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
     

    actaeon277

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    Maybe, since they've made it a law to allow service animals, the law should then include identifying and training.
    Maybe even include a fine for those that break the law by not allowing a service animal in, or for misrepresenting a dog as a service dog.

    But then, why would the government do anything easy.
     
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