Q: A store owner refused service and demanded I leave the store due to my bonafide service dog. What is this case worth?
A CA store owner demanded I leave when I entered his store with my licensed service dog because I am disabled. He threatened to call the police if I didn't leave. I selected the 2 items I wanted to buy quickly and went to the cash register to pay. The owner took my items off the pay counter and said he can refuse service to anyone and took my items away. This incident happened twice. I have it all recorded. Looking for an attorney too.
A:
There no such thing as a "licensed" service dog. If you have a dog that is trained to provide a specific service to you, e.g., you are blind and it guides you, that is a service dog. Service dogs must be allowed anyplace that the general public is allowed. The storekeeper can ask you whether the animal is required due to disability and what it is trained to do.
Those protections do not apply to emotional support animals. An emotional support animal must alleviate one or more identified symptoms or effects of a person's disability, but it does not have to be trained to perform a task. A doctor's letter to the effect that the animal provides emotional support for your psychological disability. California law does not require that emotional support animals have access to areas of public accommodation, such as stores.
Denial of access to someone with a disability can be a violation of the ADA, the Unruh Act, and/or California's Fair Employment & Housing Act. The value of such a claim varies on circumstances, including the defendant's ability to pay.
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