WalMart gives service dog the boot

Under CA codes:

Section 54.2(b), Service dogs in training

Individuals who are blind or otherwise visually impaired and persons licensed to train guide dogs for individuals who are blind or visually impaired pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336), and individuals who are deaf or hearing impaired and persons authorized to train signal dogs for individuals who are deaf or hearing impaired, and individuals with a disability and persons who are authorized to train service dogs for the individuals with a disability may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs 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 person shall be liable for any damage done to the premises or facilities by his or her dog. 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.


To be eligible for protection under CA law the dog must be properly tagged. Again, this only pertains to the dog while a SDIT. Once the dog is a SD then the Fed. laws take effect and the owner then has all protections and rights under those laws.

When you read an article about access issues you must look for these main points and know the laws of the location.

I was referencing several items here:
The dog at the time was not a SD as the author of the article was stating and so the owner did not have the right to take the dog into Wal-Mart <u>under ADA</u>.

Yes, CA law does give the right of a handler (while training) their animal to take the dog into the same areas that are accessible only by a SD, but <u>the SDIT must be tagged as such</u>. That is in one of my previous posts.

I was not trying to say the dog should not have been allowed into the store but if someone is trying to get public opinion on their side as in 10,000 signatures it seems they would take the time and petition under the correct information.

If Wal-Mart would have taken this to court they may or may not have won it, but at what cost on their PR side? If the owner would have tried to bring legal charges against Wal-Mart under the ADA they would not have even been able to file to request any legal action as soon as the DOJ heard the dog was a SDIT. At that point the owner could only have brought a law suit against Wal-Mart under State Law and only have won if they could have shown that the dog had the required tag. I don't know if the dog did or did not have a tag at the time, but that wasn't the point that I was trying to make.

My whole intent was to inform people of the ins and outs that face a PWD on their access rights. If someone feels their rights have been violated then they need to seek legal council with experience in such matters. I am in contact with people quite often who face these issues and many are stunned when they find out how hard it is to sometimes fight for their rights. I also hear about people who make a big fuss and recieve media attention which in time dies down because the person neglected to proceed under the guidelines of the proper law.

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On going back and rereading the website/blog and the petition the owner and the author keep saying that according to ADA .... but then they turn around and state the dog was only a SDIT at the time (and in one place they allude to the fact the dog is only a pup of 6mths old at the time of this occurance). And the ADA/DOJ does not deal with SDITs. If the dog was older and if the owner had filed the complaint concerning her SD (not SDIT) then she could have fallen back under protections through the DOJ.

This storyline is too confusing to even try to follow. From the owner's website:

Chloe is a very special pit bull that was born at a shelter and has been in some form of training through out her life. She enrolled in a .0Service Dog training and has her Good Canine Certification, Beginning & Intermediate Training Graduate. She is a medium size dog, approx 52 pounds, spayed, born 4/12/06, ... Chloe is being trained through the Orange County HUGS Service & Therapy Dog Group as a General Service Dog, Breed Ambassador, Mobility Assistance, and Home evaluations. Types of mobility assistance training she will be receiving would be: mobility assistance, balance assistance, retrieving and carrying items, closing/opening doors, putting items away, turning on/off lights, etc. She also is a Therapy Dog and helps visit people in the hospitals, and will also try out Rally O competition. Chloe passed the Service Dog evaluation at 5 months that would have been given to dogs 1 year and older (with a glowing review that she was the best evaluation the facilitator had ever had.) She currently is in the service dog program following their strict criteria - 4 formal courses with 6 to 8 week sessions, and field experience covering 3 levels for daily living, entertainment, travel, dining, and training. ... Chloe is enrolled in a professional Service Dog training organizaiton that has stringent evaluation and training criteria we are following and will graduate in approximately 2 1/2 years (no dog is certified under 3 years old).


As close as I can figure out Chloe will be three and eligible to graduate from this facility on 04-12-09.

So all I can add to this thread is

Quote:I just went to my local Walmart & they had a big sign on the door "Service dogs Welcome"

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Here in Virginia, our WalMart and some of the other stores also have signs like this. Personally, I think those signs are actually kind of funny. By law, service dogs have to be allowed everywhere the disabled person they work with goes - stores, restaurants, and so on. Posting "Service Dogs Welcome" is like saying "Customers Welcome", it's a given.

The big discussion with Chloe the Service Dog discussed in this thread is that, at the time Chloe was asked to leave the store, Chloe was not yet a fully trained service dog, she was an SDIT (Service Dog In Training). In most places, SDITs do not have the same rights to access public places such as stores as fully trained service dogs do.

Of course, stores may ask service dogs to leave, even fully trained ones who are in a store with their disabled handler, if the dog is behaving badly or doing something that disturbs business and other customers - for example, if the dog is barking at customers, a store could ask them to leave.

Speaking of signs, my favorite "funny" sign is at the local thrift store: "No Pets allowed except Seeing Eye dogs." There's just so much wrong with that that I don't know where to start.

Originally Posted By: HistorianSpeaking of signs, my favorite "funny" sign is at the local thrift store: "No Pets allowed except Seeing Eye dogs." There's just so much wrong with that that I don't know where to start.

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"PETS"? Hmmm...

I hate breed discrimination.

To begin with, the dog in question was only a 6 mth old partially trained pup. The owner themself said the dog was only in training and would not be fully trained as a Service Dog until it was 3 years old.

Federal Public Access Rights only address a fully trained Assistance/Service Dog. A SDIT handler or trainer only have Public Access Rights if the state they are in gives these rights and all qualifications made by the state are met.

Quote:Is there a guideline in the ADA of how old a dog has to be to be a service dog?
I've always been told that a dog does not need to have training from any formal organization to be considered a service dog, so I am not sure where they would make the distinction between "service dog in training" and "service dog"? If the owner/partner calls the dog a "service dog" and the dog is trained to mitigate their disabilities then it is legally a service dog, isn't it?

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The ADA does not address the age nor any other qualifiers between a SDIT and a SD. More than one governmental agency oversees different parts of the ADA.

As I already posted in this thread: "Just for people that are really into the finer points --

The ADA (a Statutory Law passed by Congress) itself doesn't address Service Dogs. The Dept. of Justice (DOJ) was the federal agency that was put in charge of regulating the majority of sections of the ADA including Public Access.

It was the DOJ (Administration Law also know as Regulatory Law -- a decision rendered by a federal agency) in 28CFR36, Code of Federal Regulations,Title 28, Part 36, which mentions a PWDs right to the use of a Service Dog. "

A Service Dog does not have to be trained by a facility and a person with the proper knowledge and ability may train their own dog. In this particular instance the owner/handler themself stated the dog was a SDIT and not a SD. It was also stated the dog was going to be trained to be a Therapy Dog and also trained to have a job in the entertainment field.

Only a Judge can legally pronounce a dog is in fact a Service Dog or not and in an access dispute case this would happen. It falls on the handler to prove to the Court's satisfaction that the dog was properly trained and has the proper task training. The dog and handler must be able to demonstrate these tasks to the Judge. The Judge must also be conviced that these demonstrated tasks are in fact needed and in keeping with the directives of the DOJ.

There are 3 major steps of training of an Assistance/Service Dog:
1) Obedience
2) Public Access work
3) Trained tasks