Ugh! People at Walmart.

[ladyfreckles]

When we were in Idaho we went into a Walmart to get snacks. We were in the frozen meats aisle, and this woman was walking what looked like a GSD mix with an REI harness on. She was trying to pretend he was a service dog, except this dog was NOT trained well at all. She had him on a long leash and she wasn't keeping him at her side. He was getting into everything. He was licking the meat packages, and at one point even grabbed one with his teeth and pulled it off the shelf to tear at on the ground. The woman did not even care. She was off in her own little world it seemed.

I walked over and, not wanting to approach an untrained dog, pointed out that her dog was practically eating a frozen meat package right there on the floor. She said "Oh, whoops! He does that!" and put the package back on the shelf. I nearly lost it right then and there. It was covered in holes and bite marks. I asked her if he was still undergoing training and she said "No, he's my service dog, he's already been trained, he's just being a dog right now."

No, woman, he is not just being a dog. He's misbehaving. Teach him some manners!!

People like this are why stores ban dog owners.

[wildo]

Your response could have been (legally):

"What three tasks is he trained to perform for you?" Likely, she'd not have had an answer, which is a very good indication that she's lying. You can take that to the store manager for further action.

[ladyfreckles]

I wish I had replied with that and gone to the manager. Now I'm back in Seattle. I don't normally shop at Walmart just because I like to buy locally when I can and the nearest Walmart is 20 minutes while the nearest Target is 1.5 miles. It really bothered me, though. I was so appalled I didn't even know what to say.

[wildo]

Here is a link showing that the manager can force them out:

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.

And here is a doc showing you can ask about what tasks the dog performs (there is probably a better reference somewhere):

Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability.

Note, those docs do say that businesses may ask those questions. I am not sure if that extends to patrons of the business.

[ILGHAUS]

Legally only store personnel can question a customer if their dog is a SD. I would have taken the package to the management and told them what happened. At that point they should inform her that her dog needs to leave the store but that she is welcome to come back inside without him.

From the Dept. of Justice, Civil Rights Division
28 CFR Part 36

Sec. 36.302 Modifications in policies, practices, or procedures.

(c) * * *
(2) Exceptions. A public accommodation may ask an individual with a
disability to remove a service animal from the premises if:
(i) The animal is out of control and the animal's handler does not
take effective action to control it; or
(ii) The animal is not housebroken.
(3) If an animal is properly excluded. If a public accommodation
properly excludes a service animal under Sec. 36.302(c)(2), it shall
give the individual with a disability the opportunity to obtain goods,
services, and accommodations without having the service animal on the
premises.

Bolding is mine.

[ILGHAUS]

And the store management would have been legally allowed to charge the woman for any item of food the dog touched as it is then a Health Code violation for the store to sell that meat to other customers.

If she refused to pay they then could have treated her like any other customer who would destroy products in their store. The handler of a SD is responsible for any damages that occur because of their dog. There is no free pass in such a case.

[damaya]

and here is a link that is going to kill the next hour for you.......

Photos | www.peopleofwalmart.com

[wildo]

Originally Posted by ILGHAUS

Legally only store personnel can question a customer if their dog is a SD.

Thanks for the clarification on that!

[Stevenzachsmom]

Yuck! That is disgusting!

[Emoore]

Nobody that works at Wal-Mart cares enough to do anything. I've never found anyone at Wal-Mart who cares enough to show me where the ricotta cheese is. They're not going to get into a confrontation about a dog. It's above everyone's paygrade.