Q: seizure dog kicked out of Mcds for a bowl of water under the table. Then was yelled at to never come back. Next step?
My husband was at McDonalds for lunch and was YELLED at to leave because his service dog had a bowl of water on the floor by the janitor. The janitor called 911 because he wanted to sit and enjoy his food when my husband was getting ready to leave the cop showed up and said it was a private residence and he needed to leave. (a fast food place is a private residence?) As he was walking out the janitor yelled and never come back like a threat. Management did absolutely nothing. It was not till I went back for more info that I found out he was not a manager.
A: McDonald's is a private enterprise/place of business, so while it is not a "residence" it is a private entity that can regulate according to its choosing who it will and will not serve. That being said, all private businesses open to the public are required to follow certain regulations under the Americans with Disabilities Act. Therefore, you might have a cause of action under the Americans with Disabilities Act.
A: McDonalds is a place of public accommodation regulated by the ADA. They may only ask two questions, is the dog a service dog and what task has the dog been trained to perform. That is it. They may not exclude the service dog unless it is soiling the establishment or is making a disturbance, but they can prevent you from feeding the dog in the restaurant. You should contact the Colorado Civil Rights Commission and/or the Department of Justice and make a complaint.
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