Would you be able to prove in a court of law that you are Legally Disabled? Legally disabled is not the same as medically disabled. A doctor can say a person is medically disabled and give a formal statement that in their opinion that a person meets the qualifications of being legally disabled. A judge can ask for your medical records.
As I ask below - what gets the dog handler in front of a judge in the first place if the business owner can not ask about anything or even any documentation. It seems the owner got arrested with out anyone doing any checking of the dog handler. Or did I miss that part of the article?
Would you be able to prove in a court of law that your dog has been trained to perform a task that is needed to mitigate your legal disability? Do you have documentation proving this training? Can you demonstrate to a judge why you need the dog? Can you prove to a judge that your dog is safe to be taken into the public? Can any one ever PROVE that their dog is 100% safe. I would be willing to bet that I could get most dogs to show some aggression if pushed hard enough? What did the authors of the ADA law put into the law indicating how exactly one goes about "proving" the safety of any dog? I would love to see that as it could also be put into all of the temperament testing and even into obedience classes. BTW, are you saying that an obedience class certificate of completion is ANY form of proving that a dog is SAFE? From what I have seen in a large number of obedience classes over many years, I certainly would not say this whatsoever. (Do you have documentation of obedience classes, evaluations, certificates, or temperament testing?) A judge can ask for any of this. Why would they, are you (and the law) saying that if your dog has such that he/she is safe to be in any of the crazy situations found in many retail stores and movies and such?
How about the AKC Canine Good Citizenship title? Is that one acceptable to a judge under the ADA?
Hope not from many of the dogs that I have seen pass that!
We can not tell you if you are legally disabled. For specifics you would need to talk with your doctor as their medical opinion will count toward your legal standing. You also can clarify points up through your state General Attorney's Office, a lawyer specializing in disability law, and the ADA hotline.
Always remember, once you ask a doctor to help you claim legal disability and that you need a SD it will go into and become a part of your permanent medical records.
Thanks for the info!
Obviously, I have absolutely no intention to try to say my dog is a service dog - just inquiring (because I don't know!) as to what is required to do so and what method is available of confirming such a thing for the business owner.
It just appears to my admitedly foggy brain that it is just a natural situation for someone to easily scam business owners and the public.
For example, how would I get to the position of being before a judge? I thought that the business owner (nor anyone else) can ask the person to prove or demonstrate anything about the handicap and the dog?
Did the subject in the article have to "prove" his "disability" before the owner could be arrested for denying his dog entrance to the public place?
Seems like he should of had to do so - since I am also assuming that if the guy wasn't disabled and/or his dog wasn't a legitimate service dog (how ever that is defined in the ADA or state law in this case, I guess) than the owner had not committed a crime? (I am of course assuming that the business owner has the right to deny other than service dogs (or other protected groups) entrance to his place of business.
A most confusing law (at least to me). Really seems like our legislators rushed this one (with a great goal in mind, no doubt) through without really understanding many of the details and impacts to the public and to business owners.
Course my knowledge may certainly be clouded due to a misunderstanding of the law and it's enforcement and requirements and options for business owners to be able to control what goes on in their establishments, no doubt.