I work security at a local mall. Today i had a lady claim she had a chihuahua as a seisure detecting dog. When i asked to see papers or I.D. showing that the dog was infact a service dog she claimed i had no right to invade her privacy and ask for I.D. even though we are on private property. So i am wondering if you can ask to see proof legally that a service dog is infact a service dog
P.S. the state is California i work in In addition to the response I posted under another ID (I had too many answers to my profile and so I was dis-allowed to post to your answer, and had to login under another ID, to try to assist you), it is not uncommon for someone with a small dog to use it for seizure assistance, because they are loud, and draw attention. If the patron goes down, the dog's shrill bark can alert people to come help the owner...one of the many tasks a service animal can do for an epileptic.
I have a really kewl set of photos on Deporres Service Dogs group photos which are located on yahoogroups, and you can see my dog in action assisting for service work.
By the way, when I won the Kmart lawsuit, I won for 2 violations against me, totalling $8000 dollars last December. That means, $4k, just as they promise, per violation.
I really appreciate the poster who answered with a lot of codes, however it leaves a lot of blanks, so I really hope this has cleared up any questions you had. Should you my answers as the best, please associate it with this profile, as I can use the points. :)
In addition to my other post, I also wanted to give you some links to help you out.
This is the ADA Business Brief, set forth and freely distributed to businesses about the proper guidelines for asking about service animals in public places.
The URL is http://www.ada.gov/svcanimb.htm and a # is availalbe for you to contact the ADA Hotline.
The ADA, by the way, is the Federal law which governs useage of service animals in the USA.
Please feel free to ask the hotline any questions you have set forth here, as you will see I am dead on correct in all the info I gave you.
Good luck to you. :) "These persons shall ensure the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the Food and Agricultural Code." http://gdu-cal.org/law_cal.html You may ask for them, she does not have to provide them.
Service dogs do not require documentation on the person, tho some states do license them as such.
hex... you have indeed misunderstood the law you have stated. He may contact an actual police officer, they may charge her if she is found to be lying. However, if he is incorrect and does so, she can sue them. Most businesses do not chance it.
sports... your best bet would be to ask your supervisor for the rules in your state.
edit: Or better yet, ignore the rest of us and listen to wisebonz, who was right on the mark. Very well said ;) First off, ALL the responders thus far are very far off, although one did take time to try to post some statutes.
Let me start by saying, I am a Service Dog user in the state of california and I am one of hundreds of people who just won a huge class action lawsuit against the Kmart Corporation for not complying with disability standards.
I am well-versed in SD use, am disabled, legally use a dog, and am studying to become an attorney with a fair amount of Service Dog Advocacy as my lead-in.
First off, we live in the easiest state to own a Service Dog (SD), and that is because to be legally considered to be disasbled, it doesn't take much.
The Federal ADA of 1990 defines a service animal as any animal that assists a person who is legally disabled with tasks that accomodate their disability (which means they are directly linked to the person's disability and are trained tasks), which help to mitigate their "substantial disability", which means the disability is serious.
Disabilities are often not visible, such as seizure disorder and perfectly good-looking, healthy-looking individuals often have substantial disabilities and require the aide of a dog to assist their needs.
First off, you are claiming a mall is a private place. Private places include churches and privately owned clubs. Even the first floor in a person's home can be legally considered public, since on the first floor is seating and bathroom access, which public may utilize.
Exempt organizations are considered to be private. A mall is NOT private, and neither is a store.
With that said, let's get to your questions. You asked whether or not you can request paperwork to identify a Service Dog, and the answer is NO.
You cannot request paperwork, identifying clothing or vests, ID tags (even though in some counties in California one is required, Federal law supercedes all state and local agency laws and therefore not everyone who has a SD resides in that county, which requires the tag, and so it is not legally required and the person with the SD would win in court).
So, no ID tag, no paperwork, no vest, no cards...there is absolutely nothing required of a service dog user according to the ADA of 1990.
Furthermore, you may violate a person's rights by asking them for such things and the patron was exactly correct in telling you that her rights were being violated by your request.
You may only ask a service dog user 3 questions.
The legal questions you may ask are:
1) Are you disabled?
2) Is this a service animal?
3) What tasks does this animal provide you with?
Okay, so we know the rules now, and here is the biggest punch of all.
In the state of California, someone whose rights are violated for service dog access is entitled up to $4000.00 per violation up to 2 violations per business.
That means, for everytime you invaded this person's rights, by asking illegal questions, you could have cost your employer $4000 dollars US.
Private property...is not a mall. Next time, you are worried whether a patron is using a service animal correctly, the most prudent course of action would be to ask the 3 questions and there is absolutely nothing else you can do. Let them go on their merry way. It's safer for your business and their rights are not being violated.
Remember, all Federal laws supercede state laws, so no matter what you read in Ca law, regarding SDs, Federal law will outweigh that at all times.
I recently got something done at our local courthouse, where i was frisked when I went through a device check machine, and separated from my dog so they could check him. It's illegal to separate a person from the dog. It's not a pet. it's a necessary piece of equipment...so they changed the laws.
Your patron with the SD is welcome to take that dog into medical facilities, restaurants and anywhere she needs to with the exception of needing permission from a church.
I really hope this clears it up. I see the public is not very well-informed about the proper guidelines, however I do hope this will help you in the future. If she (or anyone) wants her dog with her so much, maybe you could find it in your heart to let her keep it with her. Individuals with disabilities are entitled to the assistance of a service animal. With few exceptions, landlords cannot refuse to rent to a person because of his service animal, and privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are required to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.
The sources of this rule include the Americans with Disabilities Act (ADA), 42 U.S.C. sec 12101 et seq., state statutes, and local ordinances (including those of cities and counties). While the ADA does not mention service animals explicitly, it has been interpreted as giving disabled people the right to be accompanied by service animals. (See U.S. Department of Justice and the National Association of Attorneys General Disability Rights Task Force, letter dated July 26, 1996.) For an example of state law, see California Civil Code section 54.2:
54.2. (a) Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the purpose, in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. However, the individual shall be liable for any damage done to the premises or facilities by his or her dog.
The violation of a disabled person's right to be accompanied by his service animal can be prosecuted as a crime. See for example California Penal Code section 365.5:
365.5. (a) Any blind person, deaf person, or disabled person, who is a passenger on any common carrier, airplane, motor vehicle, railway train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within this state, shall be entitled to have with him or her a specially trained guide dog, signal dog, or service dog.
(b) No blind person, deaf person, or disabled person and his or her specially trained guide dog, signal dog, or service dog shall be denied admittance to accommodations, advantages, facilities, medical facilities, including hospitals, clinics, and physicians' offices, telephone facilities, adoption agencies, private schools, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited within this state because of that guide dog, signal dog, or service dog.
(c) Any person, firm, association, or corporation, or the agent of any person, firm, association, or corporation, who prevents a disabled person from exercising, or interferes with a disabled person in the exercise of, the rights specified in this section is guilty of a misdemeanor, punishable by a fine not exceeding two thousand five hundred dollars ($2,500).
Generally speaking, "service animals" are any animals that assist, support or provide service to persons with disabilities. A variety of animals can be trained to provide assistance to an individual with a disability. Among others, monkeys have been used because of their manual dexterity. However, the prevalent service animal is a dog.
Service animals are known by different names that reflect the types of work they perform. Most people have seen or heard about dogs for the blind, commonly referred to as "Seeing Eye Dogs" or "Guide Dogs." Less common are hearing and signal dogs. They alert a hearing-impaired person to a variety of sounds, such as a door bell, usually by going back and forth between their owner and the source of the sound. More generally, assistance dogs perform a wide variety of chores, such as picking up objects, pulling wheelchairs, and protecting a person who is having a seizure.
Therapy dogs are not considered service animals. A service dog directly assists its handicapped owner, and therefore any restriction on the dog is elevated to discrimination against its owner. On the other hand, a therapy dog is handled by its non-disabled owner to assist others at specific times, such as visits to a hospital or nursing home.
Some jurisdictions have established a range of crimes to prevent unjustified interference with the use of a service animal. See for example California Penal Code section 365.6:
365.6. (a) Any person who, with no legal justification, intentionally interferes with the use of a guide dog by harassing or obstructing the guide dog user or his or her guide dog, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine of not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500), or both.
(b) As used in this section, "guide dog" means any guide dog or seeing-eye dog which was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336), or trained by a school recognized in another state to train guide or seeing-eye dogs.
(c) Nothing in this section is intended to affect any civil remedies available for a violation of this section.
It also can be a crime to negligently permit a dog to injure an assistance dog. California Penal Code section 600.2 states:
600.2. (a) It is unlawful and constitutes an infraction for any person to permit any dog which is owned, harbored, or controlled by him or her to cause injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the guide, signal, or service dog is in discharge of its duties.
(b) In any case in which a defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the disabled person who has custody or ownership of the guide, signal, or service dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.
Intentionally injuring an assistance dog can also be a misdemeanor. The following is from California Penal Code section 600.5:
600.5. (a) Any person who intentionally causes injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the dog is in discharge of its duties, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding one year, or by a fine not exceeding five thousand dollars ($5,000), or by both a fine and imprisonment.
(b) In any case in which a defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the disabled person who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.
On point for your question is the following:
365.7. (a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(b) As used in this section, "owner" means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.
As I read the statutes, you are well within your rights to require proof that the animal falls within the statutes for exemption or ask the owner for such proof. If she is on private property that only allows service dogs, then yes. She can show you the papers or leave. Other wise no.
And yes, it is possible for a chihuaha to be a service dog. I know most of the time service dogs are bigger breeds, but any dog can be trained if training is started as a puppy. You have the legal right to ask for the papers, since it is private poperty and dogs are not allowed. If she does not show them to you, then you can have her removed. Check with yiur company/supervisor before you try to remove anyone, they might just tell you to not bother |
