Dumb access denial excuses for your service dog

[Reba]

Also:

ARTICLE 15. PROTECTION OF GUIDE DOGS

SECTION 47-3-910. Short title. [SC ST SEC 47-3-910]

This article may be cited as "Layla's Law".

SECTION 47-3-920. Definitions. [SC ST SEC 47-3-920]

For purposes of this article:

(1) "Guide dog" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

(2) "Humane euthanasia" means the termination of a terminally ill or critically injured guide dog or service animal's life by a means that produces a rapid and minimally painful death as provided in Section 47-3-420.

(3) "Notice" means an actual verbal or written warning prescribing the behavior of another person and a request that the person stop the behavior.

(4) "Service animal" means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.

(5) "Value" means the value to the guide dog or service animal user and does not refer to the cost or fair market value.

SECTION 47-3-930. Interference with use of a guide dog or service animal; misdemeanor. [SC ST SEC 47-3-930]

(A) It is unlawful for a person who has received notice that his behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.

(B) It is unlawful for a person with reckless disregard to allow his dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.

(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.

SECTION 47-3-940. Injury, disability, or death; reckless disregard; penalties. [SC ST SEC 47-3-940]

(A) It is unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.

(B) It is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.

(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.

SECTION 47-3-950. Unauthorized control over guide dog or service animal; penalties. [SC ST SEC 47-3-950]

(A) It is unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.

(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not less than one year, or both.

SECTION 47-3-960. Intentional injury, disability, or death; penalties. [SC ST SEC 47-3-960]

(A) It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.

(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.

SECTION 47-3-970. Restitution. [SC ST SEC 47-3-970]

(A) A defendant convicted of a violation of this article may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user, which arise out of or are related to the criminal offense.

(B) Restitution for a conviction under this article includes, but is not limited to:

(1) the value of the replacement of an incapacitated or deceased guide dog or service animal, the training of a replacement guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and

(2) medical expenses of the guide dog or service animal user, training of the guide dog or service animal user, and compensation for wages or earned income lost by the guide dog or service animal user.

(C) This article does not affect civil remedies available for conduct punishable under this article. Restitution paid pursuant to this article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment.

 

[knitteresa]

My Mom is late-deafened, and she has an awesome hearing dog. Because she was not deaf before, sometimes public places can be a bit overwhelming, especially when there is a lot of noise and she can't understand or differentiate any of it. Since my Mom got her dog, she has felt so much more relaxed and confident. He alerts her to her name being called, alarms, the doorbell, the phone, etc. It also helps in public to have a dog because people understand that my Mom can't hear, so they make sure they get her attention visually and look at her when speaking (she reads lips). Hearing dogs are incredibly well-trained and dedicated animals.

Hearing folks can help anyone who uses a service dog by not bothering the dog or asking the person a bunch of questions about the dog. Also, if you are in a situation where someone is being denied access because of their dog, take an opportunity to stick up for them, let it be known that you as a customer and as a hearing person care about equal access.

 

[JClarke]

Last week our local paper had an article about a man who wasn't allowed to bring his service dog into a motel unless he paid a $100 deposit.

The title of the article was "No room at the inn for pooch". Here is part of the article:

"Timothy Smith takes his dog, Alex, with him everywhere. Anywhere Smith goes, the huge, black lab-Great Dane is always by his side.
Alex's affection for Smith isn't just a dog's simple loyalty, it's his job. Alex is a medical service dog.
While Alex wears a harness and pack that identitfy him as a medical service dog, he's not always welcome in certain places.
Smith went to The Hamilton Motel in Summerville on Dec. 27 to rent a room for a New Year's party with a group of friends. He was denied a room because of the motel's no pet policy.
'I told my employee that they cannot take any pets,' said motel manager and owner Peter Patel.
Patel added that Smith could have kept his dog in the room with him if he had paid a $100 refundable deposit.
'I tried to tell them he's not a pet,' Smith said.
...Under the Americans with Disabilities Act, privately owned businesses that serve the public are required to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed. The ADA also prohibits business owners from charging a fee or deposit for admitting a service dog. A fee can only be imposed if the dog causes damage to the property."

Reba,

Did you hear any further news about this incident posted above? I am just curious what happened as it is an interesting incident I have seen in this thread -

 

[pek1]

My Mom is late-deafened, and she has an awesome hearing dog. Because she was not deaf before, sometimes public places can be a bit overwhelming, especially when there is a lot of noise and she can't understand or differentiate any of it. Since my Mom got her dog, she has felt so much more relaxed and confident. He alerts her to her name being called, alarms, the doorbell, the phone, etc. It also helps in public to have a dog because people understand that my Mom can't hear, so they make sure they get her attention visually and look at her when speaking (she reads lips). Hearing dogs are incredibly well-trained and dedicated animals.

Hearing folks can help anyone who uses a service dog by not bothering the dog or asking the person a bunch of questions about the dog. Also, if you are in a situation where someone is being denied access because of their dog, take an opportunity to stick up for them, let it be known that you as a customer and as a hearing person care about equal access.

Snickers is well trained for what I need her for; she should be: I'm her trainer. I also don't allow anyone to undermine me. People love her, but I think the questions get to be a bit much. Snickers has been distracted way too many times at the university where we're at; I don't even know how to put an end to it unless I cape her. Hardly anyone talks to us anyway, it's just the food service workers. I think it helps them because otherwise they're dealing with grouchy and snobby college students three times a day and that gets old. Other students will ask a gal who does talk to me, because she's learning asl (so are they) why I have a dog and she tells them to ask me and assures them I won't bite. Learning asl and they won't even talk to a deaf guy about his dog

 

[Reba]

Reba,

Did you hear any further news about this incident posted above? I am just curious what happened as it is an interesting incident I have seen in this thread -

I'm searching. I haven't found the update yet.

 

[OpheliaSpeaks]

My friend is visually impaired and has a guide dog. We go out a lot, and people never cease to amaze me with questions, commentary, trying to pet/feed/talk to the dog, etc. WalMart seems to be the worst place. She and I had this discussion not long ago. For a business that seems to pride itself in creating equal opportunities for EVERYONE, they certainly need a global refresher course on access rights. My friend was stopped at WalMart by a greeter who came charging up, "Is that a seeing eye dog?" My friend's new response is "I'm blind. What dog?!?"

 

[Reba]

...My friend was stopped at WalMart by a greeter who came charging up, "Is that a seeing eye dog?" My friend's new response is "I'm blind. What dog?!?"

 

[rockdrummer]

I no longer allow myself to be upset by others ignorance of the law. I figure I will fight the good fight for myself and those that can't. I don't take no for an answer no matter how much time it takes and how much it might inconvenience me.

LuvsInk I think you have a great attitude towards this given the circumstances. Many won't do that and feel they shouldn't have to. The reality is that it's not a perfect world for anyone and we all have to do things that we may feel that we shouldn't have to. There are laws that should allow for you to bring your service dog anywhere. Perhaps its just a matter of enforcing existing law. Sometimes you have to get in their face and as you said, don't take no for an answer. All the best to you!!

 

[jillio]

What about the hearing dog - I still don't see why Deaf people have to drag them along everywhere they go.

The way I understand it, the service dog is considered to be an extension of the person. The relationship between a service dog and the person is much more intense than the relationship between a person and a pet. It is part of the dog's training to always be with the person.

 

[jillio]

My friend is visually impaired and has a guide dog. We go out a lot, and people never cease to amaze me with questions, commentary, trying to pet/feed/talk to the dog, etc. WalMart seems to be the worst place. She and I had this discussion not long ago. For a business that seems to pride itself in creating equal opportunities for EVERYONE, they certainly need a global refresher course on access rights. My friend was stopped at WalMart by a greeter who came charging up, "Is that a seeing eye dog?" My friend's new response is "I'm blind. What dog?!?"

 

[VanG]

Greeting!

Well- Few months ago, I was summoned to go to Court about service-hearing dog. Here is the story: The resturant owner just asked the man and his hearing dog to leave his place. The man said that he had the right so does his dog. An owner called police to have him remove including his hearing dog. Good enough the police asked the man and his hearing dog to leave his place. So the man and the ADA filed claim against the owner for abusing the ADA law. However, I was called to come and check the hearing dog out. I accepted the job; hearing dog was delivered to my place where I work with vet. I discovered a lot of surprised and stunned! Dog was full of deer ticks!, larva, and flea!!! Also I drew his blood out and had it tested for heartworm and hookworm by fecal. I just got disappoint new that it was tested positive and negative hookworm! Plus got positive for parvo which is dangerous into contact with other dogs. When I was called onto witness seat. I told the court that I support owner based one 3 things. 1. Dog can infected his place with fleas jumping on foods, customers and other. 2. Dog was in level 1 of being parvo (lightly) which can cause upset by bowel movement, vomiting blood. 3. Dog was not wearing his hearing vest on. According the law of service dog that I got from the paper. It said it is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal. So the court ordered the man to pay owner for fee of cleaning his resturant and cost of his business for one night. Sad to report, he is no longer to have hearing dog as his service because of this situation. He appeared in court not acting like he really care about his dog at all. (sigh)

I know all of hearing dog are in good shape by trainer/ owner as long as they treat their dog in good shape like their own kids.

 

[Tousi]

Greeting!

Well- Few months ago, I was summoned to go to Court about service-hearing dog. Here is the story: The resturant owner just asked the man and his hearing dog to leave his place. The man said that he had the right so does his dog. An owner called police to have him remove including his hearing dog. Good enough the police asked the man and his hearing dog to leave his place. So the man and the ADA filed claim against the owner for abusing the ADA law. However, I was called to come and check the hearing dog out. I accepted the job; hearing dog was delivered to my place where I work with vet. I discovered a lot of surprised and stunned! Dog was full of deer ticks!, larva, and flea!!! Also I drew his blood out and had it tested for heartworm and hookworm by fecal. I just got disappoint new that it was tested positive and negative hookworm! Plus got positive for parvo which is dangerous into contact with other dogs. When I was called onto witness seat. I told the court that I support owner based one 3 things. 1. Dog can infected his place with fleas jumping on foods, customers and other. 2. Dog was in level 1 of being parvo (lightly) which can cause upset by bowel movement, vomiting blood. 3. Dog was not wearing his hearing vest on. According the law of service dog that I got from the paper. It said it is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal. So the court ordered the man to pay owner for fee of cleaning his resturant and cost of his business for one night. Sad to report, he is no longer to have hearing dog as his service because of this situation. He appeared in court not acting like he really care about his dog at all. (sigh)

I know all of hearing dog are in good shape by trainer/ owner as long as they treat their dog in good shape like their own kids.

Wow, that's NOT good; gives all good service dogs a bad name. Definitely bad PR.....

 

[VanG]

Wow, that's NOT good; gives all good service dogs a bad name. Definitely bad PR.....

Yeah, I agree with you. I do support service for deaf, blind, and mobility dogs as long as they take good care of them.

I do give respect to PEK1 aka Peter, and other people that has service dogs.

 

[knitteresa]

I know all of hearing dog are in good shape by trainer/ owner as long as they treat their dog in good shape like their own kids.

It's true! My Mom does treat her dog better than me!

 

[Dixie]

Oh gross! I cannot imagine having a service dog that is in that poor of a condition. The dog could not perform at its peak due to the ticks fleas, worms and illnesses. If you have a service dog and plan on taking it EVERYWHERE with you, you REALLY have to be EXTREMELY diligent about staying up to date on shots, bathing, grooming, heartworm prevention and flea/tick prevention. Also aren't service dogs REQUIRED to have a vet check up every six months to say they are fit to work?

Think of your dog as if it were a therapy dog that works in a hospital - you have to keep that dog VERY clean at all times. Most therapy dogs I know receive a bath weekly sometimes twice weekly and are groomed daily. They are required to have a bill of health issued from their vet every six months to the certifying agency, and they are required to have their vest/harness on at all times while working. The dogs not only do therapy work but are also well versed in Rally (obedience trials) and some are also excellent gun dogs in the field.

But I am glad that in the end the man is no longer allowed to have a service dog. He blew his chance and he should have known better. In this case I have to side with the owner instead of the ADA.

Greeting!

Well- Few months ago, I was summoned to go to Court about service-hearing dog. Here is the story: The resturant owner just asked the man and his hearing dog to leave his place. The man said that he had the right so does his dog. An owner called police to have him remove including his hearing dog. Good enough the police asked the man and his hearing dog to leave his place. So the man and the ADA filed claim against the owner for abusing the ADA law. However, I was called to come and check the hearing dog out. I accepted the job; hearing dog was delivered to my place where I work with vet. I discovered a lot of surprised and stunned! Dog was full of deer ticks!, larva, and flea!!! Also I drew his blood out and had it tested for heartworm and hookworm by fecal. I just got disappoint new that it was tested positive and negative hookworm! Plus got positive for parvo which is dangerous into contact with other dogs. When I was called onto witness seat. I told the court that I support owner based one 3 things. 1. Dog can infected his place with fleas jumping on foods, customers and other. 2. Dog was in level 1 of being parvo (lightly) which can cause upset by bowel movement, vomiting blood. 3. Dog was not wearing his hearing vest on. According the law of service dog that I got from the paper. It said it is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal. So the court ordered the man to pay owner for fee of cleaning his resturant and cost of his business for one night. Sad to report, he is no longer to have hearing dog as his service because of this situation. He appeared in court not acting like he really care about his dog at all. (sigh)

I know all of hearing dog are in good shape by trainer/ owner as long as they treat their dog in good shape like their own kids.

 

[pek1]

Oh gross! I cannot imagine having a service dog that is in that poor of a condition. The dog could not perform at its peak due to the ticks fleas, worms and illnesses. If you have a service dog and plan on taking it EVERYWHERE with you, you REALLY have to be EXTREMELY diligent about staying up to date on shots, bathing, grooming, heartworm prevention and flea/tick prevention. Also aren't service dogs REQUIRED to have a vet check up every six months to say they are fit to work?

Think of your dog as if it were a therapy dog that works in a hospital - you have to keep that dog VERY clean at all times. Most therapy dogs I know receive a bath weekly sometimes twice weekly and are groomed daily. They are required to have a bill of health issued from their vet every six months to the certifying agency, and they are required to have their vest/harness on at all times while working. The dogs not only do therapy work but are also well versed in Rally (obedience trials) and some are also excellent gun dogs in the field.

But I am glad that in the end the man is no longer allowed to have a service dog. He blew his chance and he should have known better. In this case I have to side with the owner instead of the ADA.

Dixie,

I bathe Snickers about once per month, maybe every six weeks. She is an extremely clean dog and no smell. Second, she sees her vet regularly and whenever she is having a problem. She didn't see the vet this past week because she had runny poop and did it in the classroom, but I have restricted all treats and treated her illness myself. Saves money. If it got worse, I would have her in. I also contacted a vet clinic that offers discounts, but haven't heard back yet. Third, you are giving a "certifying agency" way too much credit, as the ADA does NOT require a service animal to be "certified." Fourth and last, no one and I do mean NO ONE steps between my hearing dog and me. I trained her. No one has the right to judge her training by me, as I won't allow it. Rest assured, Snickers is my hearing dog and that's what I trained her to be, but to have someone come in and make a stupid request of a demonstration, ah, sorry but we are not a circus act and I don't do demonstrations. No hard feelings, Dixie, but this had to be told and misinformation needed to stand corrected.

 

[pek1]

Yeah, I agree with you. I do support service for deaf, blind, and mobility dogs as long as they take good care of them.

I do give respect to PEK1 aka Peter, and other people that has service dogs.

Thanks, VanG! I have to say that Snickers even eats better than I do sometimes and she never, ever is not fed twice per day, the amount that is recommended for her weight. She gets treats and bones to chew on and gets to go to the dog park, which some service dog owners wouldn't do, but I do, though I have had problems at various ones before, we stay away from them. I also play with her when we're off duty and she plays a mean game of "keep away." All in all, VanG, Snickers is a pretty cool girl dog!

 

[pek1]

Greeting!

Well- Few months ago, I was summoned to go to Court about service-hearing dog. Here is the story: The resturant owner just asked the man and his hearing dog to leave his place. The man said that he had the right so does his dog. An owner called police to have him remove including his hearing dog. Good enough the police asked the man and his hearing dog to leave his place. So the man and the ADA filed claim against the owner for abusing the ADA law. However, I was called to come and check the hearing dog out. I accepted the job; hearing dog was delivered to my place where I work with vet. I discovered a lot of surprised and stunned! Dog was full of deer ticks!, larva, and flea!!! Also I drew his blood out and had it tested for heartworm and hookworm by fecal. I just got disappoint new that it was tested positive and negative hookworm! Plus got positive for parvo which is dangerous into contact with other dogs. When I was called onto witness seat. I told the court that I support owner based one 3 things. 1. Dog can infected his place with fleas jumping on foods, customers and other. 2. Dog was in level 1 of being parvo (lightly) which can cause upset by bowel movement, vomiting blood. 3. Dog was not wearing his hearing vest on. According the law of service dog that I got from the paper. It said it is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal. So the court ordered the man to pay owner for fee of cleaning his resturant and cost of his business for one night. Sad to report, he is no longer to have hearing dog as his service because of this situation. He appeared in court not acting like he really care about his dog at all. (sigh)

I know all of hearing dog are in good shape by trainer/ owner as long as they treat their dog in good shape like their own kids.

A year ago in September, I was on the road for six weeks for training and Snickers couldn't come along. Before I left, she started coming down with some nasty rashes and I couldn't clear them up. The lady that I boarded her with took care of the situation and I was in almost constant contact with them and was kept in control with her cares. The bill went high, but it's just one of those things and it needed to be treated. Plus, Snickers hadn't had a vacation since being on duty for me, so six weeks and she didn't lose her training, which was nice. She plugged right back in when I came to get her for visiting and when we went on the road together.

As for this service dog in the story, this is really bad and the handler should lose the dog. Obviously, he doesn't care. Obviously, he doesn't need a service dog, so the dog should go to someone who needs help and will take care of him/her. Poor dog.

 

[coolguy1973fla]

Florida state law allows all publics (like store, mall, groceries, & other public places), schools (private & public), colleges, universities to allow guide, hearing, & service dogs only and you have valid service, guide dog trained certificate.

I was in Florida School for the Deaf and the Blind (as FSDB) Student 1984-1992 . I have seen one deaf & blind employee have certified guide see & hearing dog and few blind student does have guide dog in school.

also I had one deaf ex-girlfriend lives in Ormond Beach & currently live New Port Richey, FL She had a retired hearing dog name is Gator that Gator is black poodle dog right now his eye was got blind. Gator is living with ex-girlfriend's older sister in Plant City, FL.

 

[etalton]

Jeesh, "Normal" people can be so stupid. I can think of five different types of service dogs right off that bat, not just for the blind or the deaf, but for those with epilepsy, anxiety, physical disabilities too. If the dog is "on duty" and wearing the appropriate "service animal" garb, no one has the right to dispute the animal being there. Each dog is doing what it is trained to do. Heck, I have even seen a case where this guy had a seeing eye pony...one of those miniature ones, and those with physical disabilities use monkeys. You do what you need to do to live life to the fullest!