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Thread: Disabled person in Wal-Mart thrown out!

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  1. #1
    Join Date
    Jun 2006
    Location
    NE Pa.
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    Your welcome.

    Now that I have given you that info do I get rewarded with Maggie pics??

    See I am shameless, I will beg for maggie pics on any thread

    Kym
    Merry Holidays to One an All Blessed be

  2. #2
    Federal law does NOT always trump state law.

    Little thing called the 10th amendment.

    If it were so cut and dry a large % of USSC cases would never have been needed.

  3. #3
    Join Date
    Jun 2006
    Location
    NE Pa.
    Posts
    3,189
    Quote Originally Posted by Lady's Human
    Federal law does NOT always trump state law.

    Little thing called the 10th amendment.

    If it were so cut and dry a large % of USSC cases would never have been needed.
    In this instance it does as it has been upheld by the supreme court several times over.

    The ADA Service animal law will trump state and local laws even in regards to breed bans.

    I am not knowledgable enough to know about police work etc but I do have many years of experience with this law, and the way it is seen and dealt with by the courts.

    this is one link that is helpful and I will go through my data base for other court cases supporting this information.

    http://www.usdoj.gov/crt/ada/animal.htm
    Merry Holidays to One an All Blessed be

  4. #4
    That comment was in reference to your blanket statement about federal law trumping state, county and local laws. In this case it may, but in many cases it doesn't.

  5. #5
    Join Date
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    Location
    NE Pa.
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    3,189
    Quote Originally Posted by Lady's Human
    That comment was in reference to your blanket statement about federal law trumping state, county and local laws. In this case it may, but in many cases it doesn't.
    I am sorry if it came off as a blanket statement LH, it was intended for reference to this thread only. I never meant it to be taken in reference to any other laws , as I said I am not knowledgable enough to speak on the Federal laws regarding USSC or police work or even health or welfare laws. Just this one. Please accept my apology if it came off as all encompassing comment.
    Merry Holidays to One an All Blessed be

  6. #6
    Just so you all know in the States Service Dogs do not have to wear any identifying ID or equipment, they do not have to be certified and no business can asked to see ID on the Service Dog. A business can only legally ask 3 questions. Is that a Service Dog? Are you Disabled? What Tasks does your service animal perform? Here some links that may help to answer some of your questions:

    http://www.acesinfo.org/questions.htm
    http://www.deltasociety.org/home.htm
    http://www.iaadp.org/index.html

    Nicole & Sheena

  7. #7
    Those laws might apply to US citizens but what about Canadian citizens?
    There was an article published on another forum that the laws that are made for the US have nothing to do with Canadian laws. In Canada from what I understand, people have to get an accreditted dog with certification. The dog's vest has pockets with clear plastic so it isn't hard to slip your I.D. card inside. And what woman goes shopping without a purse...lol...?

  8. #8
    Quote Originally Posted by NicoleLJ
    Just so you all know in the States Service Dogs do not have to wear any identifying ID or equipment, they do not have to be certified and no business can asked to see ID on the Service Dog. A business can only legally ask 3 questions. Is that a Service Dog? Are you Disabled? What Tasks does your service animal perform? Here some links that may help to answer some of your questions:

    http://www.acesinfo.org/questions.htm
    http://www.deltasociety.org/home.htm
    http://www.iaadp.org/index.html

    Nicole & Sheena
    good I'm just reading this now and was going to post that if someone didn't

    they only let her finish shopping because she refused to leave. Exceptions are for if the business has to make unreasonable acommedations, a giant breed dog or say full sized horse instead of a mini horse guide laying in the middle of an isle at a restaurant causing people to have to climb over or wait, Some people use large breeds but they are trained to "be small", or not being allowed to take a service dog into a petting zoo where it would scare the animals, behaved dog or not, causing a stampede over the little kids present, if it miss behaves. Claiming you or the customers might be scared or uncomfortable isn't good enough unless you litteraly have a phobia where you turn into a screaming crying ect person at the site of one, then maybe, otherwise anyone could keep all service animals out due to discomfort or the possibility of customers getting upset.

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