‘Tis the season to be jolly, and keeping with tradition, CertaPet brings great news in our first December newsletter. The news report takes us to Denver, Colorado, where the conclusion of a discrimination complaint against a business will likely lift spirits in the Emotional Support and Service Animals community.
Hermosa Winery And Complainant Reach A Settlement After The Business Refused Service Dog Owner Entry
Federal law grants Service Animals and their handlers protection under the Americans with Disabilities Act (ADA), a fact that many businesses are finding out the wrong way.
A Service Dog owner and her boyfriend entry into the tasting room because of her Service Animal. The couple was stopped in the parking lot, despite the owner informing the winery that her canine was, in fact, a Service Dog. The event led to the filing of a discrimination complaint against the winery.
The U.S. Attorney’s Office for the District of Colorado recently announced that the Palisades-based winery has agreed to a settlement in the case. Cole Finnigan (U.S. Attorney) went on to claim that “…businesses must permit individuals with disabilities to bring Service Dogs into any area where other members of the public are allowed.”
Title III of the ADA clearly states that only dogs qualify as Service Animals. It also mentions that where it’s not apparent the canine is a Service Animal, the business can inquire whether the Service Animal is required due to a disability and what task it has been trained to perform.
Businesses can not ask for special identification or the nature of a person’s disability. However, most enterprises either refuse entry despite being informed of the Service Animal’s status and ADA rights. There have also been cases where a business refused Service Dogs entry because it made their customers ‘uncomfortable.’
After the settlement, the U.S. Attorney’s Office for the District of Colorado ordered Hermosa Vineyards to pay the complaint $5,000. The winery also has to post notices on its premises clarifying that Service Dogs are permitted in public areas of the winery.
While the discrimination complainant wasn’t available for comments, it’s safe to say the Service Dog owner is likely happy with how things have turned out. Mr. Finnigan said, “The U.S. Attorney’s Office is committed to protecting equal access for people with disabilities who need the aid of Service Dogs.” That’s good news for Service Animal Owners, indeed.
Source: Fox31
CertaPet’s Thoughts on This Week’s News
We’ve discussed raising awareness of the rights of Service Animals and their owners under the ADA many times. The one complaint most enterprises have against allowing pets on their premises is that people often lie about the animal’s status as a Service Animal.
Members of the Emotional Support and Service Animals community should consider reaching out to their local representatives to have the law regarding Service Animals further refined. Such action will benefit Service Dog owners and businesses in the long run.
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.