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What Should You Do If You Are Discriminated Against Because You Have A Service Dog?
If you believe that you have been discriminated against because of your service dog, you will need to present facts in order to file a complaint. You should be able to do that by documenting what happened. Writing everything down will help because you won’t be able to remember all the details when you do get a chance to report the incident.
Your notes are there to bolster your claims and a detailed account could help your case’s progress transpire faster. Here’s what you should write down when you document:
- The time, date and place when the incident occurred. If possible, include the phone number of the establishment.
- The name of the person whom you believe discriminated against you. If you don’t have the name, a description of the person’s physical appearance will help.
- What transpired between you and the person involved. Write down what you said and what you heard the other person say.
- If the incident was covered in the news, keep newspaper clippings or video copies if it was on television.
- If you can, also get the names, address and phone number of the witnesses.
- You should also write down what you felt about being discriminated against.
Filing A Complaint Against Discrimination
The next thing to do is file what you have documented at appropriate agencies such as the district court or your state’s Human Rights Commission. Make sure to check first because some states provide limited protection on service dogs’ cases.
You could also file through the Department of Justice by sending your documentation to the following address:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights – NYAVE
Washington, D.C. 20530
Some incidents might require filing within a year of the incident. For more details about this, refer to the Americans With Disability page.
Lastly, you might also want to share the incident on internet sites like Ripoff Report and Trust Pilot.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
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Best Western in Townsend tn, refused to allow my mother in the breakfast aera with her emotional support dog enclosed in a pet stroller.
Unfortunately, emotional support animals do not have a right to be in places like hotels and restaurants. Only service dogs qualified under the ADA have such public access rights.
My service dog was approved acceptance at the ********, in ********, CA, prior to my arrival yesterday. I have the text exchange with the manager of that motel from when I booked my stay. When I arrived yesterday, I encountered a rude front desk employee who told me dogs weren’t allowed. I had left my dog in the car with my adult daughter while I checked in.
I explained that he’d been approved at their motel by the manager and she said, “Well that wasn’t me and I’m working here right now and telling you, he can’t come in!” I explained to her that I’d had both cancer and my left hip replaced and was allowed entry to all establishments w/him. That’s when she discriminated against me openly by mocking me, “Well, you walked in here okay and you sure don’t look like you need a service dog!”
What is a person supposed to “look like” when they’re handicapped or have limited mobility in some way? A heated exchange between myself and this desk clerk continued and it kept getting worse. At one point she grilled me about what type of dog he was (breed) and how me needing him to walk up stairs along the rocky cliff areas near the beach wasn’t a “good enough” reason, in her opinion, for needing such a pet!
Finally, I asked for her name and told her I’d be getting an attorney involved. As a result of this, I had to immediately seek other accommodations at a neighboring motel; all the others were booked. . The motel which accepted us, had multiple staircases to the only room available. As a result of having no choice in climbing up and down those staircases during our stay, my hip has been acting up.
I filed a complaint against the offensive motel clerk with bookings.com, the online company which had communicated with me about my motel stay in advance. They reassured me that service dogs were allowed at this motel. When they reached out to this motel via phone call, this rude clerk hung up on them once she learned they were calling with regards to my complaint.
I intend to get an attorney and sue this motel due to this incident.
Sorry to hear about the issues you had with your motel. No one should presume someone doesn’t need a service dog because the handler doesn’t “look” disabled. Many disabilities cannot be detected visually, which is why in those cases the ADA provides two questions you can ask to verify whether a service dog is valid.
I have done all of that and still have no ability to purchase a ticket and fly on Allegiant airlines. Their ACAA person and the DOT are a dead end street. I have traveled with my medical alert service dog since 2017 and Boomer has flown commercial airlines 34 times so far…plus he’s been to Italy. I wish there was some sort of checks and balances…but, there is not. Yes, technically the ACAA is supposed to protect my rights – BUT IT DOES NOT!
Greetings, I’m in a situation where my service dog Han Solo was singled out by a cashier saying that dog is not allowed… Service dog or not, dogs aren’t allowed in here. I replied he’s registered and certified i showed he’s Service Dog I.D. card. She replied i don’t want that dog in my store.
I need help in filing a complaint- Han was wearing his Service Dog Vest with his light locator on. He is a Red long haired dachshund. He did not bark at anyone he’s very quite stays by my side didn’t do anything in the store to deserve to be kicked out.
Other people in the stored commented that’s not right.
Any helpful information to file and to contact and attorney.
We do not provide any legal assistance or referrals, but we note that you should not have to show any document or have service dog accessories in order to be accommodated. It seems the cashier was not trained in proper service dog verification protocols: they can ask two questions to verify a service dog under the ADA: 1. Is the dog required because of a disability? and 2. What work or task has the dog been trained to perform?
****** bar did not let my PSD into the bar even after I explained how he was a PSD because they would not accept the fact he was a service animal and they wouldn’t look at my letter explaining how he was one. They just assumed I was a person lying about their service animal when I wasn’t and would not let me in. Even after the “owner” came out of another bar drunk and he was so rude and aggressive and pushed me away saying you can’t come in because you’re lying about you’re service animal when I wasn’t and tried to provide him with my legal form of a psychiatric service animal form.
We’re sorry to hear about your experience. You do not need to show any documentation to prove you have a service dog. Third parties can verify a service dog by asking two questions: 1. Is the service dog required due to a disability? and 2. What work or task has the dog been trained to perform?
I went to a Missouri State Prison for a visit with my nephew. I had my paperwork showing my dog is a registered service dog. Three guards said it was legitimate, but one guard said I had to get special permission to bring her with me. This guard told me I could not visit because I was an aunt and not immediate family. However, she told someone else it was because I was dressed inappropriately with black jeans, a green t-shirt and tennis shoes. Then she finally admitted she wouldn’t let me visit because I had my service dog. I think this is definitely discrimination.
We should also clarify that you do not need any paperwork to prove you have a service dog.