Handling access problems

From Service Dog Training

So, someone is trying to deny you access to a business or other public accommodation because of your service dog. You've explained the laws, stated your case, and answered the legally permitted questions, but they aren't listening. What do you do now? Protesting a denial of access is not easy, but it's worth the effort to have the right to go where you please with your service dog. It is important to insist on your right to public access, not only for your sake but for the sake of other service dog users that will follow after you^[1]. Below are some of the steps you might take:

At the Time of the Confrontation

Be assertive and confident.

Many times an employee of a business will deny access simply because they are uninformed or unsure what to do when faced with a service dog. Be polite, but be assertive and confident. Make eye contact and speak as clearly and firmly as you are able. Do not raise your voice, swear or threaten. Businesses can refuse service to a combative individual, and businesses have successfully used this defense in court to exclude service dog users. Education can go a long way towards avoiding further trouble.

Ask to speak to a manager.

This is my first step when a brief amount of education doesn't work. Ask to speak to the manager, owner, or whoever the highest person on site is at that time. Higher ranking employees are more likely to be informed about service dogs and the law.

Ask the employee/manager to call the Department of Justice hotline at 800-514-0301.

This doesn't usually work, because business owners usually refuse to call, but it can help to be able to say that you requested this later when you go to the powers that be.

Answer the legally permitted questions, regardless of whether or not they are asked.

It is a common tactic for businesses to claim that you wouldn't answer questions about your service dog. Usually this is because the business was asking questions that you are not required to answer, such as asking what your disability is, or asking to see your dog's ID. Make sure you clearly and repeatedly state that you are a person with a disability, that your dog is a service dog, and at least a few of the tasks your dog performs. If possible, tell more than one employee, and try to have witnesses.

Consider calling the police.

This may or may not be useful. In many states it is a criminal offense to deny someone access to a public place because of a disability. However, some state laws have restrictions that only cover dogs used for certain disabilities or that come from certain service dog schools. Other states have blanket coverage for all service dogs. Know your state's laws. If you intend to press charges under your state law, it can be helpful to have a police report. However you must keep in mind that police departments are usually as uninformed as the business owner, if not more so. In addition, local law enforcement is only responsible for enforcing state and local laws, they do not enforce federal laws like the ADA. It is unlikely that you will get any real help regarding access from the police department. I would recommend calling them only in three circumstances:

• If you are being physically threatened by people in the business.
• If you feel the need to have a police report documenting the incident. This isn't a bad idea if you want to file a complaint with the applicable state or local agency about the incident. However, you can file a police report after the fact. You do not necessarily need to call the police to the site of the confrontation.
• If you want to go after the police department for failing to train their officers about state disability laws. This isn't an impossible task, but it's an insane amount of work and a lot of stress.

Ask if people are willing to be witnesses.

If you file a police report after the event, the form will likely ask for witness information. If people at the site of the access confrontation are willing to be witnesses, try to gather at least a name and phone number from them. Sometimes a sympathetic employee will be willing to be a witness. One of the most common tactics for businesses to use after being accused of denying access to a service dog user is to claim they never denied access, or that the service dog user was belligerent, or the dog was acting up, or that the service dog user did not say the dog was a service dog. The availability of witnesses can blow such cases out of the water. Alternately carry a voice recorder and turn it on when an access confrontation starts (check your local laws for any restrictions on this).

After the Confrontation

Go to corporate.

This can be very effective if you were dealing with a manager or employee that isn't at the top of the food chain in that business. Contact the owner, store manager, franchise owner, regional manager, or corporate office. Usually these people are much better informed and can take corrective action.

Go to the press and/or the internet.

These are often underutilized resources in access battles. Call your local papers and TV stations and tell them about the situation. If the issue catches someone's interest, or it's a slow news day, you may get some coverage. In addition to putting pressure on the offending business, media coverage may bring out effective advocates you may not have known about otherwise. Also, the internet can be a powerful tool. Websites like [consumerist.com] accept complaints, and will occasionally feature ones that catch their attention. Twitter can publicize brief reports to massive amounts of people in a short time. Use the hashtag feature to call out the business, or find out if their corporate office is on Twitter and direct the message at them. Blogs can also be a powerful tool. The downside of using the media? Regardless of how legitimate your complaint may be, you will be peppered with nasty comments from the general public about how you must just be looking for someone to sue, or about how service dog users shouldn't expect public access. If this type of thing really bothers you, you should stay away from the media, particularly the internet.

Go to your local or state human rights or civil rights commission.

These commissions can be great resources, especially if you are able to handle this on a local level. They may be able help mediate between you and the business or provide information to the business on the laws covering service dog access. If necessary, some commissions will help you take a case to court to ensure corrective action is taken. Investigate what resources you have available in these commissions and make full use of them.

Contact the Department of Justice and file a complaint.

The Department of Justice hot line that is listed above can also give you information on the complaint process against both businesses (Title III) and government offices and programs(Title II). They offer dispute resolution through mediation and can also take businesses to court for violating the ADA. This is a time consuming process. Expect at least a year to pass between sending in your complaint and receiving any contact from the DOJ. This may be expedited somewhat by requesting your case be sent to mediation, if you would prefer to go that route (and I recommend it). Mediation can be time consuming and emotionally draining, but it is far less expensive and stressful than going to court. In addition, you are more likely to get the resolution you want with mediation.

Contact a lawyer.

This is an expensive way of combating denial of access, but can be very efficient and effective. These days, many businesses are scared by the prospect of a lawsuit and will be willing to go to mediation after they have been contacted by your lawyer. However, if you decide to go this route you must be prepared to pursue the case as far as necessary until a satisfactory resolution is reached. Keep in mind that in court, every aspect of your medical record and your dog's qualifications as a service dog will be examined under a microscope. If you are trying to pass off an untrained pet as a service dog, you will lose. Make sure you meet the standard of a person with a disability and that you can document that your dog has been tasked trained.

1. ↑ Of course, this is assuming you and your dog are legitimate. If you are using these strategies to attempt to get access with your pet, you may well end up on the losing side of a court battle. Service dog users haven't fought for years to get access rights to have fakers ruin it with frivolous lawsuits.