Disabled person in Wal-Mart thrown out!

**DrKym** · 02-19-2007, 12:32 AM

Originally Posted by TamanduaGirl

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.

Almost not quite, you can as another customer claim you are allergic, and also threaten to leave, in that scenario, the animal can also be asked to leave.

Your child may have a fear of dogs, if you had been seated first, and the Service animal is causing or will cause undue stress on another patron you can legally be refused service.

If the animal is in a movie theatre and causes a disturbance, barking ,whining, lying in a darkened aisle that may pose a risk to others , you can also be asked to remove the animal.

So actually yes if the other people are impacted in their experience at the merchants in a negative way then it doesn't matter if they are crying or hysterical, simply that they would be impacted negatively, and that if another patron would be asked to leave and was NOT disabled then it is legal to ask them to go. or to refuse service.

**NicoleLJ** · 02-19-2007, 12:48 AM

Originally Posted by Dr.Goodnow

Almost not quite, you can as another customer claim you are allergic, and also threaten to leave, in that scenario, the animal can also be asked to leave.

Your child may have a fear of dogs, if you had been seated first, and the Service animal is causing or will cause undue stress on another patron you can legally be refused service.

If the animal is in a movie theatre and causes a disturbance, barking ,whining, lying in a darkened aisle that may pose a risk to others , you can also be asked to remove the animal.

So actually yes if the other people are impacted in their experience at the merchants in a negative way then it doesn't matter if they are crying or hysterical, simply that they would be impacted negatively, and that if another patron would be asked to leave and was NOT disabled then it is legal to ask them to go. or to refuse service.

Actually that is not quite true. In the case of allergy or fear then the business would first have to try and accomidate both parties. So say you are shopping in Walmart(fairly large store) and someone has a fear or allergy and complains. The store would first have to try and accomidate both parties. They could do this by asking the people to avoid each other, ask one to shop then the other, see if they can shop in different departments and so on. Now if the dog was causing a distrubance as you said they can be asked to be removed from the premisies. The trick is reasonable accomidation. Here is a link about that:

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

"Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals."

Thanks for backing up my statements in the other posts. I am fairly new to the Service Dog laws of Canada and the States(only at it about 4 yrs, have had my servcie dog for 3 years now). But I have been lucky to be learning for one of the best ladies around about Service Dogs. Her name is Judi Bayly and she trained the first ever 911 dog and started ACES a non for profit Advacocy Group about Service dogs. Any time I have a question or I am unsure about anything I can go to her. She is a wealth of info and has to keep up with all the laws since she teaches Law enforcment, hospitals and so forth about them. The rare time she doesn't have the answer she then knows how to get it. So I am blessed that way. For anyone involved in Servcie Dogs at all in any way they should keep informed of the laws. Simply because we have to be examples for all Service dog teams.
Nicole

**DrKym** · 02-19-2007, 12:58 AM

Nicole ,
you are right in the reasonable accomodation, however bear in mind I was simplifying it for the sake of cutting the earlier threads argument short. Meaning the person doesn't have to be hysterical or crying etc.
Point was if the other patrons are impacted negatively, and if the patron who is impacting would be asked to leave IF they were NOT disabled, then, yes they can be asked to either remove the animal, or to be refused service.

I am thrilled to hear that you are blessed by a Service animal, and wish you both many years of mutal benefit and happiness!

**NicoleLJ** · 02-19-2007, 01:07 AM

I completely agree. Sometimes I forget I am talking to people who don't know a lot of the ins and outs of the Service Dog world(not meaning you) and forget to simplify things. LOL. I get set in one midset and forget. lol

Thanks. I am blessed to have her and she has given me a life i never thought I could have.
Nicole

**CathyBogart** · 02-19-2007, 02:42 AM

I just wanted to throw in here that I got to walk with a seeing eye dog last week and it was a real eye-opener (pun acknowledged.

). This dog was amazing, and the way he navigated me, a total stranger to being "blind" or using a seeing eye dog, around a room was incredible. I am so in awe of the folks who train these dogs, as well as the people who build the relationship and the trust to rely on ANY service dog, not just a guide dog.

Even for an animal lover like me it was scary to let myself depend on the dog, even for a few seconds. I don't know if I'm strong enough or trusting enough to do that every day.

**Cataholic** · 02-19-2007, 01:05 PM

NicoleLJ, thanks for some wonderful links! I really learned alot.

**NicoleLJ** · 02-19-2007, 01:39 PM

No problem. I have a ton more. For obvious reasons I am very passionate about Service Dogs.
Nicole

**Kfamr** · 02-19-2007, 03:07 PM

Originally Posted by CathyBogart

I just wanted to throw in here that I got to walk with a seeing eye dog last week and it was a real eye-opener (pun acknowledged.

). This dog was amazing, and the way he navigated me, a total stranger to being "blind" or using a seeing eye dog, around a room was incredible. I am so in awe of the folks who train these dogs, as well as the people who build the relationship and the trust to rely on ANY service dog, not just a guide dog.

Even for an animal lover like me it was scary to let myself depend on the dog, even for a few seconds. I don't know if I'm strong enough or trusting enough to do that every day.

That sounds SO neat! I would absolutely love to have an experience like that.