Disabled person in Wal-Mart thrown out!

[DrKym]

Hate to weigh in on this, but as I do train and have certified Service dogs, Wal-Mart is within their rights to have done what they did.

Now stop and read before you all flame me.
ADA clearly states you cannot refuse service to an customer with a Service animal, yes the woman was treated rudely but her own account states she was able to complete her transaction.

Also if any other customer was upset or they stood to lose sales based on anothers discomfort, AND if the customer wasnt disabled and was causing this issue would they ask/require the customer to leave.
If the answer is Yes, then Wal-mart can ask her to remove the animal.

Another example is a person in a resturant, or movie theatre, if the animal is barking and/or behaving in a way that is disruptuve to other paying customers, then they can be asked to remove the animal.

There are no grounds for a lawsuit here, as both parties were in compliance.

Wal-mart could have handled it better, with a bit more class, however, they allowed the transaction to finish so they are legally in compliance.

[borzoimom]

Now stop and read before you all flame me.
ADA clearly states you cannot refuse service to an customer with a Service animal, yes the woman was treated rudely but her own account states she was able to complete her transaction..

( I need to stop watching movies when i read these posts..lol. I made another major skip in info last night on another thead.. Good thing I only watch movies on saturday night.. lol..Thank you Kym..)
Here is the whole article read earlier. We had a recent experience at Walmart that was very disturbing, especially when considering it impacts the disabled! I would like to ask your help to provide public awareness/education and receive news coverage to ensure the dignity and rights of those individuals depending upon Service Dogs and hopefully educate the public and businesses of Service Dog rights and American Pit Bull Terrier prejudice. Here are the key points of interest:

1.Walmart’s Illegal Treatment of Service Dogs
•Two Walmart managers requested myself and my Service Dog to leave because of her breed stating there were children in the store and she is an unstable and vicious breed - They continued to asked us to leave EVEN AFTER being informed of our Service Dog legal rights and what they were asking was illegal! Two Walmart managers requested myself and my Service Dog to leave because of her breed stating there were children in the store and she is an unstable and vicious breed - They continued to asked us to leave EVEN AFTER being informed of our Service Dog legal rights and what they were asking was illegal! Walmart employees were brief in a meeting afterwards by their management - when we came back two days later as we shared we would, several employees talked with us and with a full range of feedback including , i.e., 'did you break her from her craziness? you know, the craziness on killing people?'
2.Legal rights of people depending upon Service Dogs and the uniqueness of Service Dogs
•Legal rights of people depending upon Service Dogs access to all public facilities, with no discrimination of treatment, etc which is established to preserve their the dignity, freedom, and rights.
•Thousands of dollars in fines for not only the individual people breaking the ADA law, but also thousands for the company they represent
•Service Dogs come in all sizes and breeds - Chihuahuas, Pomeranians, American Pit Bull Terriers , etc. -- Many people only think they are for blind people, but they are also used for medical alerts, balance dogs, hearing dogs, etc) might mention there are monkeys and miniature horses that are used as Service Animals as well
3.Increasing public fear is fed by ignorance and prejudice – The American Pit Bull Terrier bad image overshadows the positive long history of this amazing breed and great value to society
•There are American Pit Bull Terriers providing valuable services today - Search & Rescue (Recovery of the 2003 Shuttle Astronaut Remains), Drug Detection (Largest drug bust found by a American Pit Bull Terrier), Service Dogs and Therapy Dogs, etc.
•Amazing pets - Petey from Our Gang, Theodore Roosevelt, Helen Keller, Michael J. Foxx, etc. Millions now happy owners
•Sad Realities - prejudice similar to Racial Profiling, Breed Specific Legislation (BSL), shrinking rights of owners & dogs (banned from different cities, home insurance coverage, etc) and its NOT solving the problem which comes down to Responsible Ownership!
We are looking for media coverage to:
1.Help preserve the dignity, freedom, and rights of people depending upon Service Dogs by educating Businesses and the Public on their ADA 1990 legal rights and the uniqueness of Service Dogs
2.Help remove ignorance and prejudice by positive promotion of the American Pit Bull Terrier value and merits
Background of incident
On the evening of February 8th, I was shopping at the Huntington Beach Walmart with my Service Dog (Chloe) and daughter for approx 1/2 hour. Chloe was extremely well behaved. The Customer Service Manager approached us and asked us to leave because “there are children in the store and we can't have a vicious breed in here.” I was stunned and went over Chloe's training, that she was an Ambassador for her breed, and emphasized what she was asking me to do was illegal according to 1990 American Disability Act 1990. The Walmart Customer Service Manager said that she represented the Store Manager's position as well, and she still did not feel comfortable with the dog in the store and asked us to leave. I again emphasized what she was asking was illegal and to carefully consider what she was asking me. She again asked if we could go, and then when I pressed her for it in writing, she said to finish my shopping quickly and not to linger. I told her I wanted to talk to the Store Manager and followed her upfront. After checking out, I asked her when he was coming - she said he look for us and is now busy. She confirmed it was his decision also and they just got off the phone. I said I would wait and to call him again, she said it would be a while and to go because “it won't matter.”

I left and called our OC HUGS Service Dog president. and then called the Store Manager with her conferenced in. I first confirmed his position that he wanted us to go because of our Service Dog's breed and he said and elaborated his prejudice opinions, stating they were an 'unstable and vicious' breed and banned from different cities. He said he was aware of the Service Dogs and their rights, but he had never seen a Pitbull Service Dog in his 20 years. He also emphasized that it was our responsibility to educate the public and we shared that is what are trying to do starting with him. He was closed minded in his opinions, rude and insensitive, and finally apologized when pressed for one. The incident is still on record and should have never happened.

We went back to the store two days later as we informed them that we would and approx 6 to 8 employees approached us stating that there was a big meeting and they couldn't believe it was blown out of portion. One employee even asked "did you break her of her craziness?" and then went on to say how he heard how the breed had a 'crazy' gene that made them go crazy and hurt people --- UGH!!! I was as polite as possible and informed him about the temperment test and the difference between human aggression and dog aggression, along with socialization and training, etc...

What has been done so far:
•Have written a formal complaint to corporate Walmart, with phone call to corporate as well. Will be following up with the Regional Manager. Also went back with Chloe and our OC HUGS Service Dog president and another service dog. Several employees approached us with interesting statements
•Have verified legal rights of the American Pit Bull Terrier as a Service Dog and also a Service Dog in training with an attorney, who by the way, has a American Pit Bull Terrier Service Dog!
•Contacting multiple media outlets regarding this incident and issues to help educate and stop the prejudice and illegal treatment of dogs - pls help us get this important story out!
MEDIA COVERAGE So far, here is the list of coverage:
ABC Channel 7 news provided news coverage (view pictures - view Story teaser - full news coverage upload pending - HELP Pls - can't seem to get the 55meg video upload or condensed without sound problems - anyone won't to help? [email protected])
Coming out in the Orange County Register and Fountain Valley View will be featured in a local major So Calif newspaper - weekend of 2/17
Working with online and live radio stations - LISTEN TO A RADIO INTERVIEW http://tinyurl.com/3bsrzh Podcast of 2/16/07 click the 'listen to ipod article' top of page and and look down further for more info - thank you Kim with http://www.animaltalknaturally.com/
Future interviews scheduled with - http://www.thepawzcauze.net/ 2/19/07 - an a live interview with a San Diego Radio Station 2/24/07
• Update our website with Service Dog information, and highlighting Chloe the Service Dog as a Breed Ambassador, her photo/portfolio/capabilities and information on responsible ownership the American Pit Bull Terrier challenges and resources
HOW YOU CAN HELP ENSURE THE RIGHTS OF THE DISABLED AND THE PITBULLS
1) Sign our Petition against Walmart demanding them to 1) ensure the dignity, freedom, and rights of the disabled depending upon Service Dogs by formally educating all their employees on the American with Disabilities Act (ADA 1990) legal rights and the uniqueness of Service Dogs and 2) Help remove ignorance and prejudice of the American Pit Bull Terrier by the positive promotion of their value and merits. http://tinyurl.com/27oyoe Some key points:

How upset you are on Walmart's ILLEGAL treatment according to the ADA 1990 because of Pitbull discrimination!
What it means to you as a shopper (whether you will continue to shop or not)
What you want from them - training for ALL their employees, respectful treatment of Service Dogs, and public WRITTEN apology and support of the Disabled, Training Dogs, and Pitbulls
2) Send Corporate Walmart online feedback so they have their mail boxes hearing your voice as well (copy & paste from your petition). Scroll to the form on the bottom: http://walmartstores.com/GlobalWMSto...te.do?catg=221
BTW, I got a call from a man with polio that had a Pitbull Service Dog for 15 years (it knew 75 commands) and he received the same treatment from another Walmart. There is also a woman who has a open lawsuit for a similar discrimination - different breed of dog.

3) Forward our story www.chloethepitbull.com to your newsgroups, media, and other supporters for coverage and education - again, we are trying to:

1) Ensure the dignity, freedom, and rights of the disabled depending upon Service Dogs by educating their employees and also support the public on the American with Disabilities Act (ADA 1990) legal rights and the uniqueness of Service Dogs and
2) Help remove ignorance and prejudice of the American Pit Bull Terrier by the positive promotion of their value and merits.

4) Send us any Pitbull information/pictures providing public service (Service Dogs, Therapy Dogs, Search & Rescue, Drug Detection, etc.) Want to highlight on the site all that there are many out there - the Walmart Manager said he had never seen one in his 20 years, so he didn't think they existed. We would love to hear your positive and negative stories. email us at [email protected] Looking for:

Service Dog positive and negative experiences - Pitbull would be great (trying to find out how many are out there)
Any newsgroups that may be discussing Chloe and the issues - would like to keep up
Any media or news opportunities to help educate - send us links to your newsgroup's threads as well
Athing else that you might think of as well, i.e., how we can better communicate different issues, other information would like to see...
And of course all your support and personal comments and pictures of your own dogs is definitely inspiring!!! Please know we WILL read each one, but may not be able to respond because of time and demand - again, thank you for your support!
5) Thank the ABC Channel 7 news for the positive coverage and support of the Disable's Rights and positive image of Pitbulls (News Coverage on 2/12/07 @ 5pm News) http://abclocal.go.com/kabc/story?se...nfo&id=1642694

THANK YOU AGAIN FOR YOUR SUPPORT!

For the rights and dignity of the disabled and the love of Pitbulls,

Gina Pettrow & Chloe
www.chloethepitbull.com

[applesmom]

Inquiring minds want to know: These things aren't always what they seem to be.

It seems strange that not once in the narrative does the writer state that the dog was clearly identified as a service dog.

If the dog wasn't causing a disruption or posing a threat, once the dog had been absolutely identified as a service dog the customer service manager should have shut her mouth and moved on.

However if the owner couldn't or wouldn't produce any verification the manager was well within her rights.

Without proof in some form of documentation or obvious equipment, anyone could take a dog into a store and claim it's a service dog. How would a store manager be expected to know the difference?

[DrKym]

Actually applesmom the woman need only have a tag, most but not all service dogs wear a vest and/or collar identifying them as such. It is not required, although it is encouraged.

The fact is, if you have a Service animal, you are told of the rights and the responsibilities you have in using one. Including but not limited to the impact that the animal can or will make on its' surroundings.

Yes there are all types and breeds of Service dogs, and other other specie service animals. Typically primates but there are several certified service felines out there.

This sounds more as if the woman is trying to make a statement about the breed not the legality of allowing it or disallowing it in the store.

As stated before, Wal-mart can certainly use some sensitivity training in customer approach in this scenario. However, they were within their legal rights, the transaction was completed, and for the comfort of other patrons, and/ or the Manager himself was asked to remove the animal.

If this Service animal user wants to have her dog as an ambassador for her breed, I suggest rather than cause a stir in this manner , she show up for the many fun group events, hosted to bring awareness of both the disabilities and the help the help that these animals provide.

Every chapter that places Service animals host them, they are usually but not always coupled with fundraisers to help offset the costs of raising training feeding vetting and placing these wonderful animals.

[borzoimom]

Quote Dr.Goodnow- " This sounds more as if the woman is trying to make a statement about the breed not the legality of allowing it or disallowing it in the store.
Sounded like it to me too...

[applesmom]

Good information, thanks. I'm inclined to agree that she is more determined to make a statement about the breed than the legality of allowing a service dog in the store.

Her statement that the Service manager said she'd never seen a pit bull as a service dog led me to wonder if the owner simply expected her to take her word that the dog actually was a service dog.

Actually applesmom the woman need only have a tag, most but not all service dogs wear a vest and/or collar identifying them as such. It is not required, although it is encouraged.

The fact is, if you have a Service animal, you are told of the rights and the responsibilities you have in using one. Including but not limited to the impact that the animal can or will make on its' surroundings.

Yes there are all types and breeds of Service dogs, and other other specie service animals. Typically primates but there are several certified service felines out there.

This sounds more as if the woman is trying to make a statement about the breed not the legality of allowing it or disallowing it in the store.

As stated before, Wal-mart can certainly use some sensitivity training in customer approach in this scenario. However, they were within their legal rights, the transaction was completed, and for the comfort of other patrons, and/ or the Manager himself was asked to remove the animal.

If this Service animal user wants to have her dog as an ambassador for her breed, I suggest rather than cause a stir in this manner , she show up for the many fun group events, hosted to bring awareness of both the disabilities and the help the help that these animals provide.

Every chapter that places Service animals host them, they are usually but not always coupled with fundraisers to help offset the costs of raising training feeding vetting and placing these wonderful animals.

[sparks19]

I have to agree with Catnapper.

I used to work in Walmarts photo center. they were wonderful. I got an hour for lunch which is much more than I can say for anywhere else I worked. At tim hortons I would work an 8 hour shift with only two fifteen minute breaks and if I wanted to eat I had to scarf down my lunch in fifteen minutes.

I never had a bad experience working for Walmart and I was sad when I had to quit because I was doing schooling fulltime and part time for a while. They ALWAYS backed up their employees if there was a customer complaint. I can't stand companies that get a complaint and blame the employee. it is fine to apologize for the mix up or the problem but I have heard companies throw employees under the bus and say "yeah this isn't the first complaint we have had about them" Whether it is true or not.... a manger or supervisor should NEVER say things like that about their employees to a customer.

I made more than minimum wage. and if they needed help in another department and you were willing to help they were more than willing to compensate you for your help.

I can't say I ever heard a complaint from anyone that worked there.

Dr Goodnow, that is a very interesting point. This story is quite one sided so who knows what really happened. perhaps there were complaints about the animal. Just because you are handicapped you don't get a pass to be disruptive (not saying this woman was but we don'tknow for sure that she wasn't either. Remeber this is HER account of the goings on)

[applesmom]

There are at least three sides to every story! We need to keep in mind that so far we've only heard the dog owners side!

[Pam]

Inquiring minds want to know: These things aren't always what they seem to be.

It seems strange that not once in the narrative does the writer state that the dog was clearly identified as a service dog.

Without proof in some form of documentation or obvious equipment, anyone could take a dog into a store and claim it's a service dog. How would a store manager be expected to know the difference?

Agreed. Service dogs that I have observed all wear vests. If there was no identification I would agree that the store manager would have the right to ask for the dog to be removed.

[mike001]

The only thing that came to my mind was that I wondered if this pitt bull was in a city where they are banned? Then the store manager would have been within her rights.

[caseysmom]

The only thing that came to my mind was that I wondered if this pitt bull was in a city where they are banned? Then the store manager would have been within her rights.

I doubt someone would have a pittie as their service dog in a city where they are banned...seems pretty unlikely.

[DrKym]

Even if the breed is banned in a city or a county, if the animal is a CERTIFIED service animal, the Federal Act takes precedence. Federal law supercedes all state and county and town laws Period.

[todd]

wow what a story