Legal Question in Disability Law in California

A man with hearing impairment brings a service dog into a convenient/liquor store.

The owner refuses to let the dog roam around the store with the man.

The owner offers to get whatever items the man needs and bring it to him or to let the man tie the dogs leash inside near the front of the store.

The owner is from a foreign country and does not speak or understand english well.

The hearing impaired man speaks english fluently.

Conversation goes something like this and takes place right inside the store as the man walks in..

Owner: whoa. no no. (motioning at the dog)

Man: He's a service dog. He's wearing a service dog tag.

Owner: You can tie here. (motioning near the front door)

Owner: What you need? I bring for you.

Man: (walks closer inside with the dog)

Owner: Whoa, no no.

Man: No service dogs allowed? No?

Owner: No, no we don't, we don't know. (referring to not understanding what the man is saying)

Right after that brief conversation the hearing impaired man walks out with his dog and later sues the owner.

The owner is unaware of ADA and its laws, not to mention does not even know what a service dog is or what the man is saying but does that still make the owner liable and still be fined?

and

Does the man need any records or proof like a doctors note to qualify him to have a service dog?

and

Does the service dog have to be certified to gain these privileges set by the ADA?

By the way, that conversation was video and audio recorded by the the hearing impaired man through a hidden video camera. From my speculation it seems as though he was looking and hoping for this situation so it can be recorded.

Given the above facts, can anything be used so that the ruling is in favor of the defendant?

For example: the lack english comprehension of the owner.


Asked on 3/03/11, 12:16 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Any service animal must be properly documented and certified according to the laws, as must the disabled person's need for that service animal. Those certification documents must be available to be presented upon request in any such dispute. The animal should be wearing a properly marked vest or other indicator of 'service animal'.

If a properly certified person and animal are refused 'reasonable' access in a business, there is a violation of the law that could be the basis of a lawsuit. Proof, other than the word of the disabled person, would be required, through witnesses or videos.

If all that is present, and if this is in SoCal, feel free to contact me if serious about pursing that claim.

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Answered on 3/03/11, 11:21 am


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