Service animals — which can be any breed of dog or small horse — are not considered pets, so any rules regarding pets do not apply to them, said Dubin, whose firm is not involved in the Springfield incident. Service animals must be trained to perform a specific task, differentiating them from “companion animals.”
On Sunday, a Fairborn family was denied entry to USA Skate Center — off Upper Valley Pike in German Twp. — because their 6-year-old son had a trained service dog to alert him to low or high blood sugar, according to a press release from the local Stuckey Firm, which the family retained to investigate the situation and “explore potential legal action.”
Dubin said there is no federally recognized certification, and if businesses are unsure if a dog is a service animal, they can only ask if the dog is a service animal because of a disability and what task it has been trained to perform. Service animals do not have to wear anything indicating they are a service animal.
Dubin said there are few exceptions to the law, such as when the presence of the animal fundamentally alters the way the business operates, or in some medical places like operating rooms or sterile environments.
Footage taken by Andrea Galford, the mother of the child in the local incident, has gone viral on various social media sites, “sparking widespread outrage and demands for accountability,” according to the Stuckey law firm.
“Despite clear federal and state laws protecting individuals with disabilities and their service animals, the business unlawfully denied them access, citing a blanket ‘no animals’ policy and claiming one of the owners was allergic to dogs,” the Stuckey law firm said.
In the video, Galford told owners Tara and Rob Patterson that it was illegal to deny them entry under the ADA. In response, Tara Patterson said she would comply if told to do so by a police officer.
The owners ended up escorting the family outside and one of them told the Galfords' child, “I’m so sorry your parents are doing this.”
Credit: NYT
Credit: NYT
The law firm denounced the owners' initial response in which they said allowing the dog on the rink would fundamentally alter their way of business and create a safety hazard.
The Pattersons later issued a new statement, saying they had not been in a situation with a service animal in 20 years and were “ill prepared.”
Rob Patterson said what happened was a “learning experience.” He said he spoke with experts and has learned “service dog protocol, and we are committed to doing better in the future.”
“My honest opinion was always that we are too busy and too many kids and loud music that it didn’t seem an appropriate place for an animal, but I now realize that this was a narrow-minded view, and we are committed to being more inclusive,” Rob Patterson wrote. “I thought I was doing right by my customers, and it was thrown at me with no time to think, but this has taught me the importance of staying calm under pressure. Lastly, I’ll take this opportunity to apologize to everybody that was offended by this incident.”
Credit: Julio Cortez
Credit: Julio Cortez
Dubin said that “denying entry was unlawful” on the part of the skating rink.
“And the fact that the owner has allergies is something the Department of Justice has dealt with for decades; the DOJ doesn’t care if you’re allergic,” Dubin said. If a person is allergic to or afraid of dogs, they can move away from a service dog, but the animal cannot legally be removed.
A service animal can only be removed from a situation in which it is allowed if after not behaving properly the owner was unable to get it under control, Dubin said. The dog’s owner or handler cannot be asked to leave in this case, he said.
ADA Expertise Consulting provides guidance to businesses, state and local governments and law firms on the application of the Americans with Disabilities Act to businesses and governments, Dubin said. He served as a senior trial attorney at the Justice department for 12 years, and helped write guidelines for hospitals regarding service animals.
The Pattersons did not return a request for further comment by the News-Sun.
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