Quote 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