Therapy Dog - You Stink & Shed - Get the 'blank' Dog Out

[TrevorDoodle]

I know there are two sides to every story, but the store owner's side is looking pretty bad.....

If I only lived closer, I would dump a trash bag of my dog fur all over his parking lot....
what a turd....


http://www.wwaytv3.com/local_store_kicks_out_family_service_dog/03/...

NEW HANOVER COUNTY -- The family of a Wilmington special needs child is angry and disappointed.

While shopping in Castle Hayne, the family was ordered out of the Western Shop. The problem? The owner would not allow their service dog, Ellie, inside. Even after showing the credentials, the family says they
were forcibly told to leave.

Five-year-old Amanda Invancevich and her service dog, Ellie, are best friends.

"In the two years we've had Ellie, or almost two years, Amanda has blossomed," Amanda's mother Susan Ivancevich said. "She does so many things that she didn't used to do. She is now independently mobile."

Amanda had a stroke before she was born, damaging the left side of her brain. At six months old, Amanda was diagnosed with Cerebral Palsy, and then she started having as many as 150 seizures a day. As a result
the left side of her brain was removed and, for the most part, stopped
the seizures.

"I look at Amanda every day, and I don't see a disabled child. I see Amanda," her mom said.

The Ivancevich family counts on Ellie to be both a protector and a companion.

"They're really close," Amanda's sister Katie said. "Ellie has helped the whole family with everything."

The Western Shop on Castle Hayne Road didn't see Ellie as a companion but as a nuisance.

"People don't want to put clothes on that the dog brushed up against, and they will. The dog smelled," owner Robert Bryant told us when we confronted him about the incident.

Although certified service dogs are legally allowed wherever humans can go, the owner of the store admits he asked the Ivancevich family and the dog to leave.

"Laws that I've got? I don't even have to admit the woman in to my store," the Bryant said. "That's my law."

Susan Ivancevich said she reached for Ellie's credentials, but Bryant refused.

"He said he didn't care what the law was," she said, "that it was his law and his store and get the 'blank' dog out of the there."

Susan, her daughters and a friend left the store. That's when the sadness set in.

"To be treated that disrespectfully by someone that you have a special needs kid," Invancevich said through tears. "He's gonna run you out of a store? I find it so frustrating that he can't see the amazing
gifts that God gives you in these kids."

Ivancevich says if she does take any legal action, any money gained will be given to a charity that helps special needs children.

[HANNAH 8/2/07 & HONEY 7/2/08]

File a complaint with the ADA (American Disability Act)...they won't tolerate this.


PUBLIC ACCESS (PUBLIC ACCOMMODATION--TITLE III)

From the U.S. Department of Justice (http://www.ada.gov/t3compfm.htm):" target="_blank">http://www.ada.gov/t3compfm.htm):

If you feel you or another person have been discriminated against by an entity covered by title III, send a letter to the Department of Justice, at the address below, including the following information:

- Your full name, address, and telephone number, and the name of the party discriminated against;

- The name of the business, organization, or institution that you believe has discriminated;

- A description of the act or acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individuals who you believe discriminated; and

- Other information that you believe necessary to support your complaint. Please send copies of relevant documents. Do not send original documents. (Retain them.)

Sign and send the letter to the address below:

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights - NYAVE
Washington, D.C. 20530

[HANNAH 8/2/07 & HONEY 7/2/08]

http://www.equipforequality.org/resourcecenter/ada_serviceanimals.pdf




What is a Service Animal?
A “service animal” is any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. 28 C.F.R. § 36.104.
The ADA does not limit the kind of animal that can provide service or the types of tasks or work a service animal can perform.

[Adrianne Matzkin]

Another so-called human being that is an a*%!

[Suzanne & Jack]

That shop owner must have more business than he can possibly handle. That must be the reason he can be so rude and run the risk of such bad publicity. I work in retail and I can tell you people bring their dogs into our store all of the time. Today someone even brought in a monkey.

[Lucy & AnnaBelle's Mom]

I feel pretty sure that this man is going to lose more business as a result of this than he ever would have as a result of a few dog hairs on any of the clothes in his store. On top of his total rudeness over the dog, I have a total pet peeve about people who use profanity in front of children!

[Pat & "Tucker"]

I am not condoning what this man has done whatsoever. "Service dogs" are different than companion dogs. This article says that the dog is a service dog but then the mother talks about a "protector and a companion". The dog does not sound like a working dog in the sense of the definition posted. Often, disabled childen have "companion dogs" even though they are qualified for a service dog by their disability. Companion dogs often do wear vests and have IDs. I believe the law for service dogs is ( not 100% sure- have to look up the details) that service dogs can not be banned from "public" places. A private store may not be considered a public place and this owner may have the right to ban the dog from his store.
We, on ocassion, have parents that bring companion dogs to the hospital to stay with their hospitalized child. I do let them stay, after checking their medical records, but I set criteria on where they can be. i.e - the parent cannot stroll around the hospital with the dog, nor go to the cafeteria with the dog etc. Afterall, a hospital is not a public place and allergies can be a problem as well a other children being severly compromised and or /may be afraid of dogs. It's a good topic and having the details on what constitutes a public place is really the key. If anyone know sthe details please post. Honestly, I think the store owner is heartless

[HANNAH 8/2/07 & HONEY 7/2/08]

Service animals are allowed anywhere, they can not be denied to go anywhere unless they are being unruly in a disruptive way, such as "continous barking, or growling, biting." He banded this dog because it brushed up against clothing while they were traveling through his store. It's a Western Shop, not a private store. Private stores are usually not open to the public and by invitation only, so I don't see that being the case here. Hospitals are public places, they have a lobby, they have all different kinds of areas the public is serviced in and Doctor Offices. Hannah has been allowed in the Clinic, Hosptial, and all areas of the Hospital, we have never been denied.


http://www.ada.gov/qasrvc.htm


U.S. Department of Justice
Civil Rights Division
Disability Rights Section

COMMONLY ASKED QUESTIONS ABOUT
SERVICE ANIMALS IN PLACES OF BUSINESS



1. Q: What are the laws that apply to my business?


A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.


2. Q: What is a service animal?


A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.


Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:


_ Alerting persons with hearing impairments to sounds.

_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

_ Assisting persons with mobility impairments with balance.

A service animal is not a pet.


3. Q: How can I tell if an animal is really a service animal and not just a pet?


A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.


4. Q: What must I do when an individual with a service animal comes to my business?


A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.


5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?


A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.


6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA?


A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.


7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?


A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.


8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?


A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.



9. Q: Am I responsible for the animal while the person with a disability is in my business?


A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.


10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?


A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.


Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.


11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?


A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.



If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).