What is the name of your state (only U.S. law)? Nebraska
This is also posted in the civil rights section. I was asked to move it to this post.
I posted this real early today and I believe I was not clear in some areas so I did it again and under the civil rights section.
I would like to know if we have a civil case agianst this store?
Thank You
I just recently returned from a trip to Tennessee. We were welcomed by all business except for one. I have a fully trained and certified service dog and my friend has a fully trained and certified guide dog from the state of Nebraska.
We were approached by a woman when we came stating that we could not bring in pets. I stated they are service dogs. She oh, ok. We continued into the store shopping and talking to woman at a register about our service animals.
About 1 1/2 hours later we were approached from behind by a woman which is one of the managers at this store. She was asking loudly if we had service animals? We both replied, yes and continued on.
She said, the only service dogs we have ever had in this store have always been carried by their owners. I replied then those dog were not service dogs and continued walking. She then stated we had to leave the store. We turned around and said, no we are not leaving.
She said, she was going to call the police. I said good call the police. We continued to shop thinking she had called the Police.
We were harassed by the manager and other employees for the next 45 minutes telling us we had to leave. Not only were we singled out because of our service dogs but we were treated like shop lifters. We continue to shop and I had purchased many things. If I would not have had those items personalized I would have left the store because of the way we were treated.
When we left the store someone called for the manager over the intercom. Next thing we knew the manager was following us again with one of her employees. This time my friends sisters talked to the manager. The manager was going to get our license plate number.
I continued on because I needed to find a restroom. It was closed so we continued into the Candy Store. We tasted and bought fudge in this store. I sat waiting for my friends to finish shopping for their fudge when I was confronted by the manager again saying we had to leave because of health codes! I said, what health codes? That has nothing to with or service animals. We are not in the Kitchen preparing the food. She stormed out and then returned. This time she wanted ID. I gave her my ID card saying I have a certified service dog. She still stated we had to leave. I said have you called the police yet? She left again. I went outside to sit down and make a phone call. She re-entered the candy store where my friend with her guide dog were.
I was done dealing this manager and went to my car. There were employees close by trying to get our plate number. We advised them they better not try and to leave us alone.
The federal law for service animals should protect from this kind of harassment.
I think Nebraska Law (2) should pretain to this situation.
Nebraska State Law Penalties
Chapter 28
Section 28-1009.01
Violence on a service dog; interference with a service dog; penalty.
(1) A person commits the offense of violence on a service dog when he or she (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, harass, or threaten a dog that he or she knows or has reason to believe is a dog guide for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person, or a service dog for a physically limited person.
(2) A person commits the offense of interference with a service dog when he or she (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionally impede, interfere, or threaten to impede or interfere with a dog that he or she knows or has reason to believe is a dog guide for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person, or a service dog for a physically limited person.
(3) Evidence that the defendant initiated or continued conduct toward a dog as described in subsection (1) or (2) of this section after being requested to avoid or discontinue such conduct by the blind, visually impaired, deaf, hearing-impaired, or physically limited person being served or assisted by the dog shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally.
(4) For purposes of this section:
(a) Blind person means a person with totally impaired vision or with vision, with or without correction, which is so severely impaired that the primary means of receiving information is through other sensory input, including, but not limited to, braille, mechanical reproduction, synthesized speech, or readers;
(b) Deaf person means a person with totally impaired hearing or with hearing, with or without amplification, which is so severely impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading;
(c) Hearing-impaired person means a person who is unable to hear air conduction thresholds at an average of forty decibels or greater in the person's better ear;
(d) Physically limited person means a person having limited ambulatory abilities, including, but not limited to, having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger; and
(e) Visually impaired person means a person having a visual acuity of 20/200 or less in the person's better eye with correction or having a limitation to the person's field of vision so that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees.
(5) Violence on a service dog or interference with a service dog is a Class III misdemeanor.
Source:
Laws 1997, LB 814, § 1
Laws that protect the rights of people with disabilities
who have trained service animals
The federal civil rights law, the American’s with Disabilities Act (ADA), Title III, 28 CFR Sec 36.104, defines a service animal as any animal that is individually trained to do work or perform tasks for a person with a disability (the disability might not be visible). By law, a service animal is not considered a pet. Most service animals are dogs; they can be any breed or size, and are not legally required to wear special equipment or tags. The ADA does not require proof or “certification ”of the service dog’s training. Service animals are trained to do specific tasks for the benefit of people with physical or mental impairments.
Federal (e.g., 28 CFR Sec 36.302) and state laws protect the rights of individuals with disabilities to be accompanied by their trained service animals in taxis, buses, trains, stores, restaurants, doctors’ offices, schools, parks, hotels and other public places. Federal laws which protect individuals with disabilities include the ADA; the Fair Housing Amendments Act (1988); Sect. 504 of the Rehabilitation Act (1973); The Air Carrier Access Act (1986), and other regulations.
State and local laws* which protect the rights of individuals who have disabilities to be accompanied by their service animals are:
Accessibility 20-20-127(2003); 20-20-131.01(1980)
Interference 20-20-129(2003); 28-28-1009.01(1997)
Housing 20-20-131.01(1997); 20-20-131.04(1997)
Licenses/Fees 54-54-603(1997)
Misrepresentation 28-28-1313(1977)
Trainers 20-20-127(2003)
White Cane 28-28-1313(1977); 28-28-1314(1977); 20-20-130(1971)
Injury to Dog 28-28-1009.01(1997)
Penalties 20-20-129(2003); 28-28-1009.01(5)(1997); 28-28-1313(1977)
This is also posted in the civil rights section. I was asked to move it to this post.
I posted this real early today and I believe I was not clear in some areas so I did it again and under the civil rights section.
I would like to know if we have a civil case agianst this store?
Thank You
I just recently returned from a trip to Tennessee. We were welcomed by all business except for one. I have a fully trained and certified service dog and my friend has a fully trained and certified guide dog from the state of Nebraska.
We were approached by a woman when we came stating that we could not bring in pets. I stated they are service dogs. She oh, ok. We continued into the store shopping and talking to woman at a register about our service animals.
About 1 1/2 hours later we were approached from behind by a woman which is one of the managers at this store. She was asking loudly if we had service animals? We both replied, yes and continued on.
She said, the only service dogs we have ever had in this store have always been carried by their owners. I replied then those dog were not service dogs and continued walking. She then stated we had to leave the store. We turned around and said, no we are not leaving.
She said, she was going to call the police. I said good call the police. We continued to shop thinking she had called the Police.
We were harassed by the manager and other employees for the next 45 minutes telling us we had to leave. Not only were we singled out because of our service dogs but we were treated like shop lifters. We continue to shop and I had purchased many things. If I would not have had those items personalized I would have left the store because of the way we were treated.
When we left the store someone called for the manager over the intercom. Next thing we knew the manager was following us again with one of her employees. This time my friends sisters talked to the manager. The manager was going to get our license plate number.
I continued on because I needed to find a restroom. It was closed so we continued into the Candy Store. We tasted and bought fudge in this store. I sat waiting for my friends to finish shopping for their fudge when I was confronted by the manager again saying we had to leave because of health codes! I said, what health codes? That has nothing to with or service animals. We are not in the Kitchen preparing the food. She stormed out and then returned. This time she wanted ID. I gave her my ID card saying I have a certified service dog. She still stated we had to leave. I said have you called the police yet? She left again. I went outside to sit down and make a phone call. She re-entered the candy store where my friend with her guide dog were.
I was done dealing this manager and went to my car. There were employees close by trying to get our plate number. We advised them they better not try and to leave us alone.
The federal law for service animals should protect from this kind of harassment.
I think Nebraska Law (2) should pretain to this situation.
Nebraska State Law Penalties
Chapter 28
Section 28-1009.01
Violence on a service dog; interference with a service dog; penalty.
(1) A person commits the offense of violence on a service dog when he or she (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, harass, or threaten a dog that he or she knows or has reason to believe is a dog guide for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person, or a service dog for a physically limited person.
(2) A person commits the offense of interference with a service dog when he or she (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionally impede, interfere, or threaten to impede or interfere with a dog that he or she knows or has reason to believe is a dog guide for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person, or a service dog for a physically limited person.
(3) Evidence that the defendant initiated or continued conduct toward a dog as described in subsection (1) or (2) of this section after being requested to avoid or discontinue such conduct by the blind, visually impaired, deaf, hearing-impaired, or physically limited person being served or assisted by the dog shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally.
(4) For purposes of this section:
(a) Blind person means a person with totally impaired vision or with vision, with or without correction, which is so severely impaired that the primary means of receiving information is through other sensory input, including, but not limited to, braille, mechanical reproduction, synthesized speech, or readers;
(b) Deaf person means a person with totally impaired hearing or with hearing, with or without amplification, which is so severely impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading;
(c) Hearing-impaired person means a person who is unable to hear air conduction thresholds at an average of forty decibels or greater in the person's better ear;
(d) Physically limited person means a person having limited ambulatory abilities, including, but not limited to, having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger; and
(e) Visually impaired person means a person having a visual acuity of 20/200 or less in the person's better eye with correction or having a limitation to the person's field of vision so that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees.
(5) Violence on a service dog or interference with a service dog is a Class III misdemeanor.
Source:
Laws 1997, LB 814, § 1
Laws that protect the rights of people with disabilities
who have trained service animals
The federal civil rights law, the American’s with Disabilities Act (ADA), Title III, 28 CFR Sec 36.104, defines a service animal as any animal that is individually trained to do work or perform tasks for a person with a disability (the disability might not be visible). By law, a service animal is not considered a pet. Most service animals are dogs; they can be any breed or size, and are not legally required to wear special equipment or tags. The ADA does not require proof or “certification ”of the service dog’s training. Service animals are trained to do specific tasks for the benefit of people with physical or mental impairments.
Federal (e.g., 28 CFR Sec 36.302) and state laws protect the rights of individuals with disabilities to be accompanied by their trained service animals in taxis, buses, trains, stores, restaurants, doctors’ offices, schools, parks, hotels and other public places. Federal laws which protect individuals with disabilities include the ADA; the Fair Housing Amendments Act (1988); Sect. 504 of the Rehabilitation Act (1973); The Air Carrier Access Act (1986), and other regulations.
State and local laws* which protect the rights of individuals who have disabilities to be accompanied by their service animals are:
Accessibility 20-20-127(2003); 20-20-131.01(1980)
Interference 20-20-129(2003); 28-28-1009.01(1997)
Housing 20-20-131.01(1997); 20-20-131.04(1997)
Licenses/Fees 54-54-603(1997)
Misrepresentation 28-28-1313(1977)
Trainers 20-20-127(2003)
White Cane 28-28-1313(1977); 28-28-1314(1977); 20-20-130(1971)
Injury to Dog 28-28-1009.01(1997)
Penalties 20-20-129(2003); 28-28-1009.01(5)(1997); 28-28-1313(1977)
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I went back in to changedd that part so everyone else would understand it.