Discussion Topic - Place of Business

[ILGHAUS]

Questions to get this discussion started.

Can a clerk at the local hardware store ask if the handler is disabled?

Can a bag boy at the grocery store ask a disable person what is wrong with them?

Can a waitress at a restaurant ask if a dog brought in is a Service Dog?

Can a teller at a bank ask a disabled person what their Service Dog does for them?

Can a business owner ask a disabled person to take their Service Dog out of a store?

Can a security person at the mall ask a disabled person to take their Service Dog out of the building?

Can a saleslady at a bridal shop ask a disabled person to leave their Service Dog at the front of the shop and not bring it back into the storage area where the dresses are displayed?

[Xeph]

Let's see how I do

Can a clerk at the local hardware store ask if the handler is disabled?
Yes

Can a bag boy at the grocery store ask a disable person what is wrong with them?
No

Can a waitress at a restaurant ask if a dog brought in is a Service Dog?
Yes

Can a teller at a bank ask a disabled person what their Service Dog does for them?
Yes

Can a business owner ask a disabled person to take their Service Dog out of a store?
If the dog is being a disruption, otherwise, no

Can a security person at the mall ask a disabled person to take their Service Dog out of the building?
See the former

Can a saleslady at a bridal shop ask a disabled person to leave their Service Dog at the front of the shop and not bring it back into the storage area where the dresses are displayed?
Sure they can ask, but to the best of my knowledge, the handler does not have to comply. It would be common courtesy if other help can be arranged.

When I was shopping for my wedding dress, though Strauss came along, I also brought others with me to help me and keep him away from the dresses. If it wasn't too hot, he stayed in the car, or I had a friend sit with him away from the clothing.

[paulag1955]

In the State of Washington:

Can a clerk at the local hardware store ask if the handler is disabled?
Yes, but the clerk cannot ask for proof of disability and disability is very loosely defined:

The rules of the Washington State Law Against Discrimination defines a disability as any abnormal sensory, mental or physical condition that:
• Is medically cognizable or diagnosable
• exists as a record or history
• is perceived to exist.

Can a bag boy at the grocery store ask a disabled person what is wrong with them?
No idea what the legal considerations are, but he would have to be very, very rude to do so.

Can a waitress at a restaurant ask if a dog brought in is a Service Dog?
Yes, but the waitress cannot ask for proof of the dog's status or proof of disability.

There are no legal requirements for service animals to be specially identified. Some, but not all, service animals, wear special collars and harnesses. Some, but not all, are licensed or “certified” and/or 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. A public entity cannot require any proof of a person’s disability, or identification or certification of the service animal’s status.

Can a teller at a bank ask a disabled person what their Service Dog does for them?
I know this is allowed under Federal law, but I'm a bit hazy on whether or not it's allowed under Washington State law.

Can a business owner ask a disabled person to take their Service Dog out of a store?
Only if the dog is causing a disruption or posing a risk to other people.

Can a security person at the mall ask a disabled person to take their Service Dog out of the building?
See above.

Can a saleslady at a bridal shop ask a disabled person to leave their Service Dog at the front of the shop and not bring it back into the storage area where the dresses are displayed?
No.
____________________

So basically in Washington, we are on an honor system as to whether or not "just" pets can be brought into businesses. The rules seem to allow any well-behaved dog to be taken virtually anywhere.

http://www.hum.wa.gov/FAQ/FAQServiceAnimal.html

[AbbyK9]

I would answer all the questions as Xeph did.

However, to the questions of whether business owner / mall security can ask a disabled person and their dog to leave, I would add that if the dog is being disruptive, threatening other customers, running loose unsupervised, or inappropriately eliminating indoors, then they may ask them to leave. I would not just say "being a disruption" - rather, being a "nuisance". I think a Service Dog could be a disruption just by his presence, if people stand and gawk and what not.

[Xeph]

Good point, Chris

[ILGHAUS]

Can a bag boy at the grocery store ask a disabled person what is wrong with them?
No idea what the legal considerations are, but he would have to be very, very rude to do so.

Rude yes, but it happens quite often from store employees and customers.

[paulag1955]

Originally Posted by ILGHAUS

Rude yes, but it happens quite often from store employees and customers.

I would expect this from a 6 year old but I suppose it's not surprising when it comes from people who should be old enough to know better; teaching your children manners appears to be somewhat passe.

[Liesje]

People just don't think about it. I met a woman with a Service Dog while I was tracking my dog in an open field and she was waiting to exercise her dog. Then a few months later, I saw her again on the college campus for a special event, so I was chatting with her when an acquaintance of mine came over, noticed the dog wearing a vest, and asked what her disability was. He was not really rude about it but people who aren't disabled themselves don't really stop to think about what they are asking. Before the woman could respond, I told my friend he should not be asking that. Luckily she was cool with it and explained what the dog does without going into her medical condition - the dog alerts to a medical condition and carries medical supplies (I'd never asked her about it, since it was fairly obvious to me as the dog wears a "Medical Alert" backpack that is packed with stuff).

[elly1210]

Can a teller at a bank ask a disabled person what their Service Dog does for them?

I would restate that and ask what "task" does the dog perform not what it does for them.

I am a puppy raiser for a service dog agency trust me I have been asked what my disability is since it is not apparent that I need a dog . Or I assume the dog is in training I get that all the time too and it is not asked because of the dog's behavior.

I don't think people think before they speak or maybe it is how they were brought up - some are polite and don't mean to be rude I think they are just curious others are rude though.

I was raised by 2 parents that have a disability and I was always taught what to do when I see a service dog which in my parents terms was do not pet the dog and don't bother people because they are just like you and I .