In a statement to Consumerist, Whataburger’s Director of Operations asserts that his company accommodates customers with service animals “all the time,” and that this woman and her friends did receive service on the night in question.
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After watching the video, no mention of the dog's odor was made. Just the "We have complaints".
ReplyDeleteNice try, Mr. Manager. Not this time, though. It's really hard to argue against a videotape and make it stick, isn't it?
What a joke. Every dog is not a service dog. She even admitted it was undocumented.
ReplyDeleteAccording to the story, the lady was still there two and one half hours after she completed her meal. At what point does it become loitering?
ReplyDeleteWhat jerks. If you have been there for 2 and a half HOURS, it is time for you to leave regardless.
ReplyDeleteAnd arguing the law with the cop? That could lead to another charge.
She even admitted it was undocumented.
ReplyDeleteNovember 29, 2012 11:43 AM
There is no license or registration process for service animals in the United States. As a result, any person could claim that any animal was a "service animal" and demand to bring it into places where animals are normally banned, such as food preparation areas, hospitals, pet-free apartment complexes, and airplanes. A primary goal in revising the definition was to reduce abuse and fraud committed by people who falsely claimed that their cats, birds, ferrets, reptiles and other pets were service animals.
Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go.
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.
Staff are not required to provide care or food for a service animal.
taff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
ReplyDeleteThat part will just kill some people...some nosy people.
What is this persons disability other than being mentally challenged? They are obviously trouble makers and should be forced to leave the store. I am one of the biggest animal lovers you will ever find, but when my dog starts to stink it's bath time. I consider my dog part of the family and refuse to let her go around filthy. I would never let myself or my kids loiter in a restaurant for 2 and a half hours offending customers with an obnoxious odor. These trouble makers appear to be the Occupy Wall Street type and feel they can challenge the law.
ReplyDeleteWhat is this persons disability other than being mentally challenged? They are obviously trouble makers and should be forced to leave the store. I am one of the biggest animal lovers you will ever find, but when my dog starts to stink it's bath time. I consider my dog part of the family and refuse to let her go around filthy. I would never let myself or my kids loiter in a restaurant for 2 and a half hours offending customers with an obnoxious odor. These trouble makers appear to be the Occupy Wall Street type and feel they can challenge the law.
ReplyDeleteNovember 29, 2012 8:03 PM
Wow. There is so much wrong with what you posted I almost don't know where to begin.
As was posted earlier, it doesn't matter what her disability is. And no one is allowed to ask that remember?
They are trouble makers eh? Other than the alleged odor from the service animal,they were minding their own business until when they were asked to leave, by a cop and not a store manager.
And just to refresh your memory on what reasons qualify to having service animal removed, you did read them didn't you?, A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
I think it is pretty clear they are within the law and their rights.
Maybe not the best citizens or the like, but breaking no laws.
Actually, it would appear the business and the cop are breaking a few rules/laws in this instance.
As rude as we may think she is, she does know the law about service animals. Even more-so than the cop.
Usually a visit of a fast food restaurant is regarded as an hour.
The post that when they have contests and such in the restaurant.
After this, maybe they should print it out larger and place it prominently in the place of business so at least they will have some kind of policy to rely on and to point to if this type of thing happens again.
Sorry, but the way this was handled means she wins this argument.
That part will just kill some people...some nosy people.
ReplyDeleteNovember 29, 2012 1:20 PM
Yes indeed. 8:03 PM is an example of point.