Turned Away Because of a Service Animal

By Devin Garlit

5 min read

Recently, a local business near where I live in slower lower Delaware, turned away a man because he had a support dog with him. They later claimed to be unaware that they were required to allow him to shop there with his service dog. The incident, of course, got them into trouble with the usual pitchfork gang on Facebook, those crusaders willing to shame anyone for such an act. They came forth with a public apology that seemed to be written by their lawyer, and most of the social media blowhards moved onto their next outrage. The entire incident really impacted me though, for some reasons I’d like to talk about here.

I saw myself

When I first read about this incident, it immediately brought me back to numerous moments in my life where I was misjudged either based on my appearance or because there wasn’t enough understanding about my condition. Moments that led to extreme embarrassment and even led to me leaving places of business.

Disability is a spectrum

As of this writing, I am a 42-year-old man with a big beard, and I look nothing like what someone who is disabled should look like. The general public does not seem to understand, I have said before, that disability is really a wide spectrum, that it is not only people confined to wheelchairs. So, if I’m using a cane, or need to sit down in a crowded area, or need to use a handicap space, I become enemy number one. I know exactly how this gentleman and his service dog must have felt, to be denied access to a business because of their medical needs, because it has happened to me many times.

“Well, so many people have emotional support animals these days”

In a discussion with friends, this sentence (or one like it) came up as a defense for the business in question. Many people agreed with this statement. From my perspective, I was a bit horrified. Yeah, I get it, some people sort of "game the system" by bringing “support” animals which are not really “service” animals. That absolutely happens. What upsets me is both the judgment and assumptions made in that sentence. That line of thinking is exactly that wall that the disabled are always up against.

This thinking pits the world against the disabled

A small number of people game the system and because of that, everyone not only thinks they are an expert but that it’s their job to police these matters. It’s a line of thinking that pits the world against the disabled. It’s the type of thinking that leads to nasty notes on the car windows of people who use a handicapped space and “don’t look disabled enough”.

There are already checks and balances in place

It’s the kind of thinking that makes life hell for the disabled. The truth of the matter is, few people game the system because there are already checks and balances in place to catch these people. If someone needs an accommodation, please put a little trust in your fellow human being and allow it. It’s already embarrassing and extremely hard to ask for and use accommodations, whether it be a parking space, or service animal, or these days, even a plastic straw.

Incidents like this matter

This incident with the local business and the service dog didn’t end with one disappointing discussion for me. I lost a friend over this, a friend that accepted the legalese apology and still went to shop there because it was convenient and they apologized. I tried explaining what the incident meant to me and how it upset me. I get it, they apologized, and I do believe everyone should get second chances, but in 2019, can a business really claim to not understand disability laws?

Taking people at their word

Businesses shouldn’t need to be pressured into compliance. If they need to be, do they care at all about the disabled? Do they even consider us humans? When the owner of that business was told it was a service dog, he probably thought as many of my friends do, “Oh, it’s probably just an emotional support animal, he doesn’t really need it.” Just like people say I don’t need a closer parking space. Instead of taking people at their word, so many people out there want to believe in the worst of others, they want to believe that everyone is evil and out to cheat.

Some things deserve outrage

I know we live in a world where everyone is outraged at everything, I get that. However, there are things that are worth being outraged about. As someone who’s experienced discrimination because of my disabilities and appearance and someone who spends a lot of time talking with others in the same boat, this was a reason to be outraged. It was a reason to drive five minutes further to a different business. These things matter. When people drive by and see that business still crowded, what does that say to them, even subconsciously? That we (the disabled) aren’t important. That it was another fake outrage incident. That maybe it was an emotional support animal.

There are accommodating businesses out there

While I believe in apologies and second chances, that’s not how the disabilities act is meant to work. It’s every business owner’s duty to know the law (and that’s setting aside the idea of, you know, caring about every human being and wanting to accommodate people on your own). Having to complain and get public outrage to get you allowed in with your service animal or to get a ramp built isn’t how this is supposed to work. There are so many small and local businesses that are accommodating that should be given a chance than to give a place that pleads ignorance to a law (that is their duty to know). As I hope I’ve made clear here, ignorance to the law aside, do you want to shop where they wouldn’t give another fellow human being the benefit of the doubt? That’s why this really matters - that’s why the outrage is justified.

Thanks for listening

I appreciate anyone who’s read through this, I’m sure many will disagree with me, which is fine. If anything, I hope that you will at least think about giving your fellow human beings the benefit of the doubt if they say need an accommodation. I hope that others can start to believe in each other just a little more.

Thanks so much for reading and always feel free to share!

Devin

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Kim Dolce Moderator & Contributor
So glad you brought this up, Devin. Someone very close to me thinks curb cutouts are a waste of tax money since nobody uses them in our small town (as though he's perched at the street corner monitoring it 24/7?) Then poses the question to me, the disability advocate: are road improvements and curb cutouts equally important? Don't you think fixing roads is more important? I said it isn't an either/or issue, but I do wish I had a better comeback. If you can help me with that, I'd appreciate some advice. Then the argument goes to small businesses being pressured to add a handicapped restroom. This is actually a point of contention for some people very close to me, who were entrepreneurs at one time.The insensitivity boggles--they are very accommodating to me, yet this zany disconnect exists. Anyway, you got my motor running!
chong61 Member
Devin, I read your entire post and agree with you 100%. My own experience is where people will actually stand and sneer at me for using the handicapped parking spot. They watch me get a cart and put my cane in with my purchases, I then hold on to the cart for balance and I hold the buggy with one hand and check myself out with my weakest hand. I have had some point at me because I am walking and shake their head. What they don't understand is that I cannot find a way to put my rollator walker in my car and have to rely on the cane. I did see one woman walking in the store with a mini little dog, maybe 3-4 lbs. with a therapy dog coat on his back. I did not question his being a true help to her, it must have been for her moods and that was not a decision that I question. If they would walk a mile in our shoes, I believe they would understand a bit better. I am so happy to be back. Arvilla
chong61 Member
Forgot to say I too would never shop anywhere they turn away a person with a therapy dog. Arvilla
asapcynthia Member
I had an interesting situation with an airline this past week. I had made arrangements for a wheelchair. Apparently, people do this for the ‘convenience’ of bypassing the long security lines or certain perks that comes with having an airline attendant at your side, and it’s true they know a lot of ‘shortcuts’ including staff only elevators that will get you to your gate as quickly as possible. Anyway, I was at the security check for a manual check because I can’t stand or walk without assistance, and I can’t stand long enough to do that body scan thing. The attendant asked me if I could just manage a few steps to get in the machine. He looked at me like those nuns did when they thought you were lying. He looked me right in the eyes almost like he was a human lie detector. I said I know why you are asking me that, you probably see people all the time trying to game the system and are using a wheelchair for convenience and not because they truly need it. I looked him right in the eyes and said no. I have ms and I can’t do it. It was funny in the sense I said that and nothing else. I didn’t apologize, which what I usually I do as in I know I’m a big pain and sorry for the inconvenience that my ms is making your job harder, but for probably the first time I ‘owned’ it which I hate when people say that. But what interesting was because he was looking me in the eye and I was looking right back at him I saw his expression change from skeptical to service. No pity. He told the lady who would be doing the pat down take good care of her. She has ms. Almost like hey we got a real one here so let’s do our job right. It was odd because instead of pity I saw respect. I guess after 25 years of ms I can finally stop apologizing for it.
1. Janus Galante Moderator
 Good for you, I admire your directness!
jimmymac Member
I think this is a very important article and my wife actually works for a law firm aimed at helping disabled people denied service. Please check out the information below and try to remember ignorance of the law is NO excuse. This is probably the best resource on service animals. It's a pamphlet from DOJ. The first bullet point under the Inquiries, Exclusions heading is important and is where most businesses mess up. <a href='https://www.ada.gov/service_animals_2010.pdf' target='_blank' rel='noopener noreferrer ugc'>https://www.ada.gov/service_animals_2010.pdf</a> This Q&A from DOJ is pretty good, too: <a href='https://www.ada.gov/regs2010/service_animal_qa.html' target='_blank' rel='noopener noreferrer ugc'>https://www.ada.gov/regs2010/service_animal_qa.html</a> Last thing, if someone thinks they've been discriminated against, they can always file a complaint with DOJ. They can learn more by visiting their Information Line, at <a href='https://www.ada.gov/infoline.htm' target='_blank' rel='noopener noreferrer ugc'>https://www.ada.gov/infoline.htm</a> or <a href='https://www.ada.gov/filing_complaint.htm' target='_blank' rel='noopener noreferrer ugc'>https://www.ada.gov/filing_complaint.htm</a> or the DOJ Civil Rights Division, <a href='https://www.justice.gov/crt/how-file-complaint' target='_blank' rel='noopener noreferrer ugc'>https://www.justice.gov/crt/how-file-complaint</a>.
1. Devin Garlit Moderator
 Thanks so much for the info <inline-mention user-id="4005279" username="jimmymac"/> !