Mocha may have brown fur but she seems to be in a grey area.
Thursday afternoon when Alan Steele and his mother Edwina decided to dine in at a Sioux Falls Taco Bell, they were told to do something that surprised them.
The Americans with Disabilities Act allows any service animal into any just about any business.
“On the back it says that she is a part of the American Disabled Act of 1990,” pointed out Steele.
Mocha is titled as an emotional support dog. Mocha's owner, Edwina Steele suffers from depression and anxiety and can't take prescriptions due to a heart condition, as they tried to explain to the Taco Bell staff.
“She is a service animal, emotional support. And he goes, ‘that doesn't matter,’” added Steele.
“Just because a dog has a vest on doesn't mean the dog is protected,” said Steve Slavik, the CEO of Big Paws Canine, a company that trains dogs for Veterans dealing with post-traumatic stress disorder.
“What a service dog is and how it is defined, is a dog that is trained to perform work or perform a task for an individual with a disability,” quoted Slavik from the American with Disabilities Act.
And the Steele’s may be out of luck when trying to bring Mocha with them to businesses with pet policies.
“Dogs that wouldn't be protected are emotional support dogs and companion dogs. They are still considered pets and they are not defined in the protection of the ADA,” added Slavik.
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| “Just because a dog has a vest on doesn't mean the dog is protected,” said Steve Slavik, the CEO of Big Paws Canine. |
But, asking someone about their dog, when it comes to determining if they are indeed a service animal, can be tricky.
Businesses are only allowed to ask two questions when it comes to service dogs.
Is the service animal required? And what work has the dog been trained to perform?
Businesses cannot ask what the owners disability is or for the owner to provide documentation.
“If the dog is barking or being destructive to merchandise or going to the restroom on the floor, those types of things, even if it's a full-fledged 1,000 of hours training service dog, a service dog can be denied access,” added Slavik.
The Steeles say there was no indication of any misbehavior at the Taco Bell, Thursday and they still hope for an apology from the restaurant.
[They probably just want some free tacos.]
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| Wouldn't we all benefit from "emotional support" if we were able to bring our pets everywhere we went? This guy probably bought that vest on ebay. |
There's no doubt Mocha is a lovable pup. But, service dog experts say an emotional support dog has no protection when it comes to the Americans with Disabilities Act.
(KDLT - Aug 23 2013)
I am so sick of people doing this. A few days ago, a woman brought a Jack Russell terrier into a Publix Supermarket and somehow got by management. She was in line in front of me and she let go of the leash and the ugly little bad-tempered fleabag was running around and a woman ran over it with a shopping cart and it yelped like a banshee! The owner confronted the woman who hit the little demon, but that woman stood her ground and told the owner in no uncertain terms that if her POS dog was a trained service dog, it would be by her side instead of running around the store. The manager came over and it turned out the dog was for "emotional support," had not been trained to do anything and the owner was told not to bring the dog into the store again.
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ReplyDeleteof course people are going to abuse the service dog designation .
exactly why i chose to make the investment into "Sit Means Sit" dog training for my emotional support dog. I NEED him but i also need him to NOT act like a maniac. If you dont have the resources or time properly train your dog to act right in public then i have to question the severity of your "emotional" disorder. Making sure my dog is calm and under control in all situations is part of how his "emotional support" keeps ME calm...This reminds me of the lazy people who want a good parking space at walmart and abuse the "handicapped" parking privilege. Pisses me off.
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