Say that Dick (who is blind) owns a guide dog to help him navigate. He decides to go to Jane's store to shop. Jane notices that Dick's guide dog is infested with fleas. Can Jane legally expel Dick from the store for this reason?
Asked
Active
Viewed 4,105 times
1 Answers
21
No to expelling Dick. But Dick might be unable to remain on the premises. More about it down below.
Yes to barring entry to the unhealthy service dog. It's a delicate matter, so buckle up.
Jane cannot expel Dick, but she can request the unhealthy service animal to be removed from the premises, based on the ADA act. Whether Dick wants to stay without his service animal is up to him.
Of course the service animal must be with the handler at all times, so if Dick cannot leave the service dog with another qualified handler, coming back without the animal might pose another challenge.
Jane might also be interested in documenting the issue and collecting evidence to corroborate her allegations, because there's a chance Dick will contest her assessment of the animal's threat to public health and safety, and later file a discrimination lawsuit under the ADA.
texas is a single-consent state, so Jane can record the situation as she interacts with Dick. Whether this consists good business practice is beyond the scope of this Q&A. It's a delicate situation and Jane might want to act cautiously.
Service dogs are not allowed to pose a health hazard. They may be excluded from places if there's a reasonable reason to believe so. Service animals are not excluded from public health requirements.
A service animal that is not under control of the handler, is dirty to the point of being a safety hazard, or infested by parasites may be excluded on these reasons.
If the service animal that presented a health hazard has been removed, that does not exclude the customer. The service must still be offered to the customer but without the service animal. Having an unsafe service animal is not grounds to deny service regularly. Reasonable accommodations for Dick's deficiency will still be required of the service provider.
Q23 - However, if a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, that animal may be excluded. If an animal is excluded for such reasons, staff must still offer their goods or services to the person without the animal present.
Q18 - Individuals who have service animals are not exempt from local animal control or public health requirements.
Mindwin Remember Monica
- 2,643
- 1
- 17
- 24