Refused service in a 7-11 store because of Service Dog

[Vet's sister]

What is the name of your state (only U.S. law)? Virginia

I am in need of some guidance for my brother. He walked into a 7-11 store over the weekend with his service dog. Upon entering the store the clerk behind the counter yelled" get your damn dog outta my store now." My brother then calmy told him this was a service dog and he was well within his rights according tot the Federal rights for Americans with disability to have the dog in the store. The guy then started to come from behind the counter yelling for him to get out of his store, they sell food and animals are not allowed in his store. My brother had the dog's vest on him that has patches that clearly state his dog is in fact a service dog. My brother asked for the manager's number and a corporate office number. The clerk told him he wasn't giving him any numbers and to get out of the store. My brother did and we are trying to figure out where to go from here.
The 7-11 is private owned and we are needed to know where to go from him.Any advice would be great!!

[ErynSMA]

Just because it's a franchise doesn't mean that reporting it to the 7-11 corporate headquarters would be a loss. I'm sure corporate would be interested in knowing that someone at a privately franchised store representing their chain acted like this.

Go here for that: [url]http://webclarify.7-eleven.com:7001/CR/CR_home.jsp[/url]

Contacting them may also yield the manager's name and a mailing address where you could send the manager/store owner a complaint letter directly.

This is messed up, but it's really not worth pursuing anything other than a complaint to the proper people- but that, in itself, can be a powerful thing. Notifying the proper people will make both corporate and the owner aware of this problem so they can train employees to not make this mistake in the future and perhaps get your brother an aplology, which is probably the best possible result.

Best of luck to you.

[justalayman]

If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301

there is also a Virginia law controlling this:

51.5-44

It appears there is really no penalty under the state law as it awards only compensatory damages and since your brother suffered no financial injury, there would be no compensatory damages.

Bottom line; what he experienced is illegal. Your brother should not have to track down anybody unless that is what he would prefer to do. I would suggest contacting the US DOJ at the number listed above.

[Vet's sister]

Thank you for all this information. We actually got into contact with the store owner and she asked my brother to come in so her employee and she could apologize to him face to face. HOwever the really sad but entertaining part was she begged me to not have him take this to court. Which I didn't tell her but I didn't think he could really???? Anywho I relayed all of this information to him and where he goes with is on him. Thanks again!!

[justalayman]

yes, he most definately could take this to court.


from [url=http://www.ada.gov/svcanimb.htm]ADA Business Brief: Service Animals[/url]

Violators of the ADA can be required to pay money damages and penalties.

from what I read, typically only injuctive relief is granted but monetary punishment is not unheard of.

Hopefully your brother doesn;t run across too many inconsiderate people like this store clerk.

[SDUsr]

If your brother and his dog fit the state's definitions as "disabled" and "service dog" (i.e. not all states recognize service animals for all disabilities), he can call the police and they can enforce the state law. (The police do not enforce federal law, though they may still try to help in such a situation.) Be sure his local police know the laws, as some service animal handlers have reported their police did not know the laws before they had an issue with access.

Another thing you can do is have the store call another local business that you know knows the laws. You can also have them call corporate. The ADA Hotline, if open at the time (it has limited house), is also a good line to call.

Corporate should always be alerted to illegal practices their stores are doing, so if a business you have a problem in has a corporate office, a letter should be sent to them regarding problems when they happen.

Yes, your brother could bring the 7-11 people to court because they discriminated against him because he is disabled by not allowing him to bring his service animal (legally, a medical device like a wheelchair or cane) into the business so he could shop their just like non-disabled people can.

Your brother would be well off to join the International Association of Assistance Dog Partners (IAADP) - [url=http://www.iaadp.org]International Association of Assistance Dog Partners[/url] . They can help with access issues, they send out an informative quarterly newsletter, and they offer great benefits. (Note that people who do not use service dogs can also join under a different category of membership - one that doesn't include benefits for service dogs, of course, but they still get the newsletter and their money helps people who have service dogs.)

[justalayman]

=SDUsr;2124528]If your brother and his dog fit the state's definitions as "disabled" and "service dog" (i.e. not all states recognize service animals for all disabilities), he can call the police and they can enforce the state law.

sorry guy butthe fed law applies to all the states. The fed law is enforcable in every state. The fed does recognize service dogs.

(The police do not enforce federal law, though they may still try to help in such a situation.)

the fed DOJ does though.



It appears you should read the ADA pubs on service dogs.

[perroloco2]

Originally Posted by justalayman

sorry guy butthe fed law applies to all the states. The fed law is enforcable in every state. The fed does recognize service dogs.

It appears you should read the ADA pubs on service dogs.

I can tell you that from previous posts, SDUsr has probably read and fully understands every ADA publication on service dogs.

The point being made was that some states provide even more protection for the disabled than the federal law, not that the federal law is diminished by state law. Some states recognize service dogs for disabilities that the federal law does not address.

[justalayman]

Originally Posted by perroloco2

I can tell you that from previous posts, SDUsr has probably read and fully understands every ADA publication on service dogs.

The point being made was that some states provide even more protection for the disabled than the federal law, not that the federal law is diminished by state law. Some states recognize service dogs for disabilities that the federal law does not address.

his statement inferred that service dog laws are not available in some states:

(i.e. not all states recognize service animals for all disabilities),

I merely stated the fed law applies to all states regardless there being a state law or not.

I understandt the point of the state laws. It just appeared that poster inferred there were no laws available in some states to deal with this.

Now, can you support this (not trying to be a jerk, just simply looking for info):

. Some states recognize service dogs for disabilities that the federal law does not address.

since the ADA defines a service animal in this manner:

A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

Not real sure what else a state could include the feds left out.

[perroloco2]

I reread the post, and I see what you mean. I knew what SD meant, but I can see its ambiguity.

As for my statement, the ADA does not include emotional support animals for people suffering from mental disabilities in its definition of service animals. However, some states do include emotional support animals, under certain circumstances, in their definition of service animals. Utah is one of them:

[url]http://www.michie.com/utah/lpExt.dll/utcode/12944/12de7/12dee?fn=document-frame.htm&f=templates&2.0#LPTOC1[/url]

I didn't think you were trying to be a jerk

[justalayman]

thanks perroloco

[SDUsr]

Originally Posted by justalayman

sorry guy butthe fed law applies to all the states. The fed law is enforcable in every state. The fed does recognize service dogs.

Yes, the law applies to every state, but the police do not enforce the federal law. They enforce state and local laws. So, if the original poster's brother is either not considered disabled in his state or his service dog is not recognized in his state (meaning under the state laws), he is not covered by the state law, only the federal law. Therefore, he does not have the protections the state law gives to people it does recognize as disabled or who have dogs it does recognize as service dogs.

For instance, not every state law recognizes dogs that do tasks to mitigate people's mental disabilities. A state law may recognize only guide dogs for the blind/visually impaired, hearing dogs for the deaf/hearing impaired, and service dogs for the physicially disabled. In that case, somebody who has a mental disability and a service dog for that disability is only covered under the federal law. They are not covered under their state's law, which sometimes can offer more coverage, especially in the realm of people interfering with, injuring, or killing a service animal.

Originally Posted by justalayman

the fed DOJ does though.

Yes, but there are no DOJ policemen you can call to come to your aid when you are having an access issue. The closest thing is the ADA Hotline, but that has limited hours.

Originally Posted by justalayman

It appears you should read the ADA pubs on service dogs.

I know the ADA laws for service dogs by heart and know the ADA publications quite well, as well as I have been involved in the public commenting on the upcoming changes to the ADA. As well as other US laws for service dogs. As you can tell by my user name, I am disabled and use a service dog myself. But thanks for your suggestion, LOL.

[SDUsr]

Originally Posted by justalayman

his statement inferred that service dog laws are not available in some states:

I merely stated the fed law applies to all states regardless there being a state law or not.

I understandt the point of the state laws. It just appeared that poster inferred there were no laws available in some states to deal with this.

That is not what I said or inferred. I said that not all state's laws cover every type of disability and/or not all state's laws cover every type of service dog. Some states may cover only guide dogs. Some may cover guide and hearing dogs. Some may cover all types. Not only that, but some state laws require the dog to have an ID on him. An ID is not required for access under federal law, but if somebody wanted to be covered under a state law (for its additional benefits) that requires an ID, they would have to have said ID. (That does not mean they lose federal law access with or without it, of course, just that they either are or are not covered by the state law.) See my post above for more info.

(Guide dogs were the first recognized type of service animals, which is why they are much more widely recognized in the US and around the world than any other type of service dog.)

Originally Posted by justalayman

since the ADA defines a service animal in this manner:



Not real sure what else a state could include the feds left out.

Under federal law, a disability is a physical or mental impairment that substantially limits one or more major life activities (such as seeing, hearing, walking, etc.).

Under federal law, a service animal is any animal that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. Some examples are guiding a blind/visually impaired person, alerting to sounds for a deaf/hearing impaired person, providing balance for a mobility impaired person, etc.

The federal law is, in most cases, the most inclusive one when it comes to simple access into public places. But some state laws go beyond the federal laws and offer additional benefits for handlers of animals covered under said state laws, such as adding a penalty (usually misdemeanor and jail time and/or monetary costs) when somebody or their dog injures or kills a service dog.

[justalayman]

As you can tell by my user name, I am disabled and use a service dog myself.

No, I can't tell by your name. Now that you have informed me you do utilize a service dog, I presume the name means "S ervice D og U sr"

No way to decipher it without having intimate knowledge of what you intended it to mean as well as having no idea you are disabled and use a dog.

I explained why I posted what I did. That is how I read your post regardless what you meant or implied

.

[VeronicaLodge]

just fyi, the speaker/writer implies, the hearer/reader infers.