Service dog denied at Walmart

[Ayoka]

Here's some interesting reading which I believe comes from the definitive source on these things, Civil Rights Division of the U.S. Department of Justice.

Service Animal Information

It says that "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."

So no a service dog does not have to be trained or titled or certified by ANYONE in particular in order to enter an establishment with it's owner.

Still can't comment on wether this is a legit complaint but it seems that if someone says their dog is an assistance dog, then it is, and must be allowed to enter.

Oh and everyone likes to hate Walmart but I wonder if the breed of the dog in question makes the story "less marketabe" on the news...who wants to hear about a "viscious" dog being kicked out of a store... makes you wonder how this would be covered if it was a lab?

[Skip]

Originally Posted by Ayoka

Here's some interesting reading which I believe comes from the definitive source on these things, Civil Rights Division of the U.S. Department of Justice.

Service Animal Information

It says that "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."

So no a service dog does not have to be trained or titled or certified by ANYONE in particular in order to enter an establishment with it's owner.

Still can't comment on wether this is a legit complaint but it seems that if someone says their dog is an assistance dog, then it is, and must be allowed to enter.

Oh and everyone likes to hate Walmart but I wonder if the breed of the dog in question makes the story "less marketabe" on the news...who wants to hear about a "viscious" dog being kicked out of a store... makes you wonder how this would be covered if it was a lab?

So what was the owner's disability? I didn't see that mentioned on the website either. Story still reeks to me.

[Bucky's Mom]

Originally Posted by Skip

So what was the owner's disability? I didn't see that mentioned on the website either. Story still reeks to me.

Does seem strange that the story has dates as far back as November - but according to this story it happened Feb 8th

Care2 Connect - Service Dog and Owner are Denied Access to Wal Mart

[moz205]

I have watched the channel 7 news on this story and seems legit to me. Walmart has made statements regarding this story to channel 7. I saw it on youtube so I am glad that I wrote to them. I really don't see why everyone is questioning what the disability is, dogs are used for many different disabilities and this is a service dog in training. The whole thing is over the breed of this service dog. Any breed can be a service dog albeit a pitt bull does not come to mind first. The news clip does state the owner had back surgery. According to the website posted by Ayoka, a service dog may be asked to leave if shows signs of aggression.

[Skip]

Originally Posted by moz205

I have watched the channel 7 news on this story and seems legit to me. Walmart has made statements regarding this story to channel 7. I saw it on youtube so I am glad that I wrote to them. I really don't see why everyone is questioning what the disability is, dogs are used for many different disabilities and this is a service dog in training. The whole thing is over the breed of this service dog. Any breed can be a service dog albeit a pitt bull does not come to mind first. The news clip does state the owner had back surgery. According to the website posted by Ayoka, a service dog may be asked to leave if shows signs of aggression.

Story still reeks to me.
How does a "service dog" help someone that has had back surgery? Just common sense tells me that leading ANY dog ANYWHERE might not be a good think on your back after surgery. This just sounds like some disgruntled dog owner that had no legit reason (disability) for bringing the dog in. If the law was that much on her side, she sure as hell wouldn't need any signatures from people without "service" dogs.

[moz205]

Well, I have read the website link regarding service dogs and being in the medical field as an x ray tech I have seen people dibilitated from back surgery who have trouble getting around and doing daily life things. They have trouble with ambulating and can be on a multitude of pain medications. So if a dog can pick up things, fetch, turn lights on and off etc they would be a working service dog. I did read on the link that not every state has a certification for these dogs. I actually know of one woman who has her dog as a service dog although this dog had absolutely no training. She does have some psych issues and this dog is never away from her. He is her security blanket so to speak. The dog wears a vest stating service dog and she brings him everywhere, restaurants, stores and she's only been questioned on a rare occasion. When she states she is an attorney, which she is, no further questions asked. I have seen people such as Skip question the disability of someone when they "look so good". Most of these people are on pain meds and have physical therapy that help them get through daily life. Unless medically knowledgeable, I think the accusations of whether or not people need aid, be it a service dog or medication should be left up to the healthcare providers and the patient.

[spoteet]

I know a pit bull that is a service dog. His owner is a young man that was crippled in an accident and is in a wheel chair. The dog helps him reach things andpick up things as he has limited use of his hands. This dog is not certified, the law does not require it.

I find it hard to believe any business would be foolish enough to refuse entry to a service dog. There are some well funded organizations who sole purpose is to protect the rights of the disabled. They would love to get a hold of a corporation like Wal-Mart.

[Bucky's Mom]

Originally Posted by Skip

Story still reeks to me.
How does a "service dog" help someone that has had back surgery? Just common sense tells me that leading ANY dog ANYWHERE might not be a good think on your back after surgery. This just sounds like some disgruntled dog owner that had no legit reason (disability) for bringing the dog in. If the law was that much on her side, she sure as hell wouldn't need any signatures from people without "service" dogs.

Pictures of "disabled" owner and her dog

Album Slideshow: Chloe & Walmart Coverage

[Skip]

Originally Posted by moz205

Well, I have read the website link regarding service dogs and being in the medical field as an x ray tech I have seen people dibilitated from back surgery who have trouble getting around and doing daily life things. They have trouble with ambulating and can be on a multitude of pain medications. So if a dog can pick up things, fetch, turn lights on and off etc they would be a working service dog. I did read on the link that not every state has a certification for these dogs. I actually know of one woman who has her dog as a service dog although this dog had absolutely no training. She does have some psych issues and this dog is never away from her. He is her security blanket so to speak. The dog wears a vest stating service dog and she brings him everywhere, restaurants, stores and she's only been questioned on a rare occasion. When she states she is an attorney, which she is, no further questions asked. I have seen people such as Skip question the disability of someone when they "look so good". Most of these people are on pain meds and have physical therapy that help them get through daily life. Unless medically knowledgeable, I think the accusations of whether or not people need aid, be it a service dog or medication should be left up to the healthcare providers and the patient.

Didn't say they looked so good. It just eludes me as to how a "service dog" or "service dog in training" helps someone (who states they had back surgery) do their shopping at Wal-Mart? If she has a case, I agree with the people that said attorneys would love to represent her. I'll be interested to hear the outcome.

[moz205]

I did see the slideshow before posting. As I stated I have had patients that to everyone looking at them look fine but when I get to see their x rays, it's a whole different story. Anyway, unless any of us is her orthopedic surgeon, we can hardly state whether or not a service dog is needed and what her prognosis is. Some are missing the point in that a service dog was made to leave the store which is against the law. The real problem is that the employees at Walmart went against the law just because of the breed. Even if you can slap a vest on a dog and it becomes a "service dog", which you can in some states, the law still stands, they are to be allowed admittance unless aggressive. As I stated, the psych patient I know who did this is according to the law, within her legal rights. Trust me she looks like an athlete so there are definitely questions. By the way, her psychiatrist told her to get the dog this vest as she would not go anywhere without him. She used to be a recluse. It's obviously not only for physical handicaps. I just wonder if it was a Rottie would the big question be, does she need it and for what. Maybe the law needs to be tightened.

[Skip]

to accompany the person with a disability. I've seen 80 year old greeters at Wal-Mart that could barely bend over. Maybe they should call her.

[spoteet]

Medical alert dogs are service dogs also......seizure alert, etc. You can not always tell by looking if a person needs a service dog.

[moz205]

I personally think the law needs to be looked at as I am sure there are people that would want to bring their dogs with them anywhere they go. All they have to do is buy a vest, easily available online. They should have a doctors note just like with handicap parking. Just because we don't "see" the disability doesn't mean it doesn't exist. Again, the issue is not whether or not this woman has a true disability whom none of us are privy to state, but the law was not abided by. As the law states now, SHE did nothing against it.

[Skip]

Originally Posted by moz205

I personally think the law needs to be looked at as I am sure there are people that would want to bring their dogs with them anywhere they go. All they have to do is buy a vest, easily available online. They should have a doctors note just like with handicap parking. Just because we don't "see" the disability doesn't mean it doesn't exist. Again, the issue is not whether or not this woman has a true disability whom none of us are privy to state, but the law was not abided by. As the law states now, SHE did nothing against it.

Still sounds like a frivolous lawsuit. I'm all for service dogs and all the good they do. But I think common sense has to have a priority.How is a person that "has had back surgery" able to shop better at Wal-Mart with a "service dog in training"??? If she doesn't have a valid reason, she is going to make it harder for the one's that do if this gets dragged thru the courts. The law was created to protect a true need.

[moz205]

The law obviously isn't well defined the way it is written in certain states so the point still stands, Walmart didn't abide by the law. Maybe the dog was gonna carry something or count her change for her, it doesn't matter, the dog had every legal right to be there and not be tossed. I am done beating a dead horse.