Service dog requirement question - Page 2

My point was this: one has to tread extremely carefully when it comes to questioning someone about the veracity of their assertion that their dog is a service dog--it can easily result in charges of discrimination on the basis of disability being levied against a business or government agency, not to mention harassment charges against an individual.  Not doubting your grandmother's version of events--just cautioning you that this is an extremely thin sheet of ice you have to traverse.  I do question how a non-resident can demand the complex evict a resident--if he's not a resident of the complex, what right does he have to make any demands of them?

Management is involved.  They are the ones that asked her to remove her dog until a decision can be reached.  She's sleeping on my couch because she's so attached she can't be without him.  :(

at least 15 people there told me they would speak to management on behalf of her dog.  I hope she's got a shot to keep him,  we'll accept any fines without argument.

Very sad situation & hope your grandmother doesn't have to give up her dog. 

I agree with getting management involved & would request info of the service dog's details of certification / where acquired etc.

sounds like this might not be a high level trained service dog & may require additional training in this type of environment. I would not judge the dog not being with his handler, he may have health issues so frequently hospitalized. 

He states that his dog is a service dog and has the right to be in any facility he wishes.  He claims my grandmothers dog is a "viscous mongrel" and is not kept under control. So since he has the right for his dog to be there he believes she must get rid of hers to ensure the rights for his dog.

i agree it would be different if he lived there or if my grandma's dog actually harmed him.  If he can leave the dog for days with his mother than why does he need to bring it in when he visits for an hour?

I'm hoping to meet with management tomorrow to plead our case.  

As of March 15,2011..... See page 56177 & 56178 for federal clarification 
http://www.ada.gov/regs2010/titleII_2010/titleII_2010_fr.pdf

 

Here is the definition 

Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. 

Page 56178 clarifies what an establishment can and cannot do.  Talk to management. Most businesses will side on the error of caution and on the side of the service animal.  Not to say this is always right, but this is reality.  

It is all a matter of how hard you are willing to push and if other witnesses "felt" the service dog was out of control.

Thank you everyone!  You are definitely giving me things to consider.  I hadn't thought that the man might leave the dog there while he's hospitalized.

I do know the dog has no vest or harness.  Just walked on a regular leash.  

And I agree, dogs act like dogs and will become aggressive if threatened.  But why then, is it ok for his dog to be aggressive but not hers?

I am sorry, but based on your description, you may not get anywhere.  Your best bet will be to work on a compromise with management.

if your grandmothers dog is fine and calm under all other situations, maybe offer to put her dog up in her room whenever the service dog comes.

By law, service animals are still in a gray area.  Federal law DOES NOT require any certification for the animal or for the handicap person.   Any person or business requiring documentation, except for airlines, is violating federal law.