Legal Question in Disability Law in California
I work at a public library. A patron entered carrying a stray pigeon in her lap but she claimed that it was a service animal. Am I within my legal right as a county employee to say "no, it is not" or is there a more polite legal way of having her leave? What would you recommend is the best way of dealing with this and what is the law in California when dealing with service animals in public places ie - can anyone claim that any animal is a service animal or is there clear empirical guidelines that I can use to deter blatant abuses...
1 Answer from Attorneys
I would recommend having some intestinal fortitude in dealing with people that need to be tossed out, 'you must remove the bird', for weird, strange or unacceptable behavior. The CA law requires a 'service animal' owner have in possession the state certificate authorizing and approving the specific animal for the specific use. It requires a doctors report to get the certificate. In general day to day operations, a business should simply take the word of the owner that it is a 'service animal' if it appears to be a normal use, like the most common, a seeing eye dog. Some dogs are certified for use as a 'calming' aid for emotionally troubled individuals. If there is any suspicion of misuse, the business has a right to inquire and request proof. Refusal of access is legally risky for a business, so be reasonable.