Good morning to all our readers from the CertaPet team. As always, we’re back with a jam-packed newsletter with the latest happenings in the Emotional Support and Service Animal community. This week, we’re highlighting a case in Southern California involving a dealership refusing a loaner vehicle because of the customer’s Service Dog. Stick with us to learn more.
BMW Dealership May Be In Trouble For Refusing An Army Veteran A Loaner Due to Her Service Dog
Teresa Barber visited the Buena Park BMW dealership in Oct 2023 for vehicle servicing. Initially, as per standard procedure, the dealership offered her a loaner vehicle during the service period. However, upon noticing Barber’s Service Dog, the service manager decided against providing her with a loaner, citing a dealership policy prohibiting pets in loaner vehicles, including Service Animals.
Barber is a disabled military veteran coping with fibromyalgia and post-traumatic stress disorder. In short, her Service Dog is an indispensable part of her life.
Additionally, her rights and those of her Service Animal are protected under Federal law. Something that Barber tried explaining to the manager of the dealership, but as AutoNews puts it, the manager refused to relent and “doubled down on his discrimination and claimed that he could deny service to anyone for any reason.”
This incident led Barber to file a lawsuit against the dealership in the Orange County Superior Court on January 8th, 2024. In her lawsuit, Barber seeks damages and attorney fees under federal and state anti-discrimination laws.
Titles II and III of the Americans with Disabilities Act (ADA) highlight how disabled people and Service Animals are to be treated. Under Title V, a person traveling with a Service Animal can’t be denied access to transport, even if a ‘no pet’ policy exists, like in this case.
The laws apply to public and private transportation providers, including subways, fixed-route buses, Paratransit, rail, light-rail, taxicabs, shuttles, and limousine services.
This case has drawn attention to the dealership’s policies regarding Service animals and their treatment of disabled customers. It’s surprising when renowned companies feature in such litigation because their employees haven’t been trained to understand the rights of citizens under the ADA.
Barber has expressed her willingness to continue patronizing the dealership, provided it discontinues its discriminatory practices.
Source: Jalopnik
CertaPet’s Thoughts on This Week’s News
The Buena Park dealership incident emphasizes the need for businesses to review their policies to ensure compliance with anti-discrimination laws. This is essential to promote equality and respect for all customers.
If you’re living with a mental illness, getting an emotional support animal could really help your recovery. These loving animals could ease your symptoms and help you live a happier, fuller life. If you’re ready to start the process, take our 5-minute pre-screening test for free. We’ll connect you with a licensed mental health professional, who will have a consultation with you. Then, if you qualify, you’ll get your ESA letter in no time.