I run a small convenience store. I am constantly encountering individuals claiming their dogs are service dogs. Help.
Full Question:
I run a small convenience store. I am constantly encountering individuals that want to bring their dogs into the store. When I tell them foods are not allowed in the store they inevitably answer with, "It's a service animal." According to my research, service dogs no longer require a leash nor the blue vests and I am prohibited from asking for proof. I am only referring here to those individuals that obviously do not need the animal to see or top assist in their mobility. (My cat is a service animal but I'm not about to take it shopping with me.) In my research I have not discovered any information on fines or penalties if I should refuse service to the wrong person. Where are my rights listed? Am I supposed to allow all dogs in my shop just because the owner says it's a service dog? Are all service dogs, by law, permitted in shops where food is sold (not all food is wrapped)?
04/21/2017 |
Category: Animals ยป Service Dogs |
State: Nevada |
#36067
Answer:
Under the U.S. federal law and the ADA, Service Dog handlers must be disabled. Service Dogs perform tasks that their disabled owners would otherwise have difficulty completing on their own. If you do not have a disability, then you do not qualify for a Service Dog.
It is a Federal Crime to use a fake service dog and States are also enacting laws making faking a service dog a crime. It is also a crime in Nevada.
Service dogs are not pets. Also emotional service animals are not covered unless covered under a separate State law.
Service dogs are generally allowed in all places where the public are allowed to enter.
For updated Frequently Asked Questions see https://www.ada.gov/regs2010/service_animal_qa.html
For the Nevada Law making it a crime to fake a service dog see the Statue below.
Nevada Statutes
Title 38. PUBLIC WELFARE
Chapter 426. Persons With Disabilities
PENALTIES
Current through Chapter 9 of the 2017 Legislative Session
§ 426.805. Fraudulent misrepresentation of animal as service animal or service animal in training unlawful; penalty
1. It is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training.
2. A person convicted of fraudulently misrepresenting an animal as a service animal or service animal in training is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
1. It is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training.
2. A person convicted of fraudulently misrepresenting an animal as a service animal or service animal in training is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
Cite as NRS 426.805
Source: Added to NRS by 2005, 626 [ Ch. 196]
History. Added to NRS by 2005, 626
