In collaboration with Bill Brightman from Service Dogs for Veterans https://www.sd4v.org/ in Greenville, SC, we’ve developed a plan that someone with a service dog might be able to follow in the case of a public access challenge.
A public access challenge is when a security guard, manager, or other person in a position of power (a “gatekeeper”) at a business tries to deny you entry to the business with your service dog.
It’s common to feel a mix of emotions when this happens—from anger to fear to shame and embarrassment. I know when I first started using a service dog, I’d cry from a mixture of anger and embarrassment every time I had a public access challenge.
Having a plan that you’ve memorized, a list of actions to take and words to say, can help regulate your emotions and facilitate your interactions with these gatekeepers so that you have a better chance of convincing them that you legally have the right to be there with a minimum of emotional impact to yourself.
Often, the most important aspect is that you’ve prepared enough to exude confidence that you belong there with your service dog. Key in this is your body language and seeming casual about it being normal that your dog is present.
Here is our step-by-step plan so you can build the kind of confidence that wins over gatekeepers.
1. When confronted, turn to your dog first. Interact with your dog, perhaps have them do a work or task that helps you in this type of situation. Confess to your dog how you’re feeling, either silently or under your breath. Encourage yourself and your dog by telling both of you that you can handle this. These steps will help you and your dog prepare, as well as demonstrate to the gatekeeper that your dog is helping you.
2. When interacting with your dog, turn your body away from the gatekeeper. This both gives nonthreatening and tension-diffusing body language to the gatekeeper, and also allows you to ground yourself by orienting yourself to your dog.
3. Remember this is probably all on camera, so be sure that whatever you do or say is going to reflect well on you, your dog, and anyone else who’s been involved in training your dog.
4. Memorize a sentence or two that includes the Americans with Disabilities Act (ADA) protections for service dogs, that this is a service dog that’s been trained to help with your disability, and list a work or task item your dog does to help you. The second and third of these answer the two questions businesses are legally allowed to ask of service dog users, and it can be a good thing to offer gatekeepers, even if they initially ask for documentation. Make the sentence your own, something you’re comfortable saying and that you can easily memorize. A good sentence to start with is:
“This is my service dog that’s been trained to help with my disability. He recognizes when I’m having an episode, and interacts with me to lessen the severity of the episode. The Americans with Disabilities Act gives me and my service dog access anywhere the public has access to.”
5. If the gatekeeper pushes back, courteously get the name of the employee. You might offer your name, then ask theirs. Be prepared with a card that explains the law. You can find many cheap examples for sale on amazon.com, or print out law cards for free from Advocates for Service Animal Partners https://serviceanimals.info/LawCards.html . Then you need another sentence or two that lets them know what they’re doing is illegal and request help. A good example is:
“It’s a violation of federal law to deny me access. Here’s a card that explains the law. Can you go get your manager?”
6. If the gatekeeper asks to see an ID, certification, or other “papers”, or asks questions that aren’t legally required to be answered, and they are not satisfied with your personalized answer from #4 above, you need a sentence such as:
“That question/paperwork cannot be required under federal law.”
7. Be a broken record. When the manager comes, and/or if the employee keeps asking questions, repeat the above sentences over and over again, remaining calm and composed while doing so.
8. If the manager also refuses to be educated, call Advocates for Service Animal Partners. They run a 24/7 hotline to assist with public access challenges. They can help you during the access challenge as well as advise you afterwards on how to follow up. Their phone number is 855-272-7211.
9. If the business still refuses to be educated, you need to decide how to proceed. Some people will barge in and shop anyway. Realize that if you do this, you have no case for being denied access since you now have access. If you plan to follow up with a corporate headquarters or especially if you plan to follow up legally, sometimes you have to let the gatekeepers succeed in denying you access so that you have a case.
If this is the case, warn the business that you will go to corporate with a complaint, and that you can file a case with the Department of Justice.
Some things to keep in mind as you are encountering this public access challenge are that the store has their own point of view. They may have just dealt with a dog who defecated in the store or bit another customer. They may have good reason to be wary of a dog in the store. Try to be empathetic about this and if they bring it up, explain how your service dog is well trained and will not do that.
A final point that needs to be made is that this script only works if your dog IS well trained and well behaved. The laws state that if a service dog is destructive or disruptive (like barking, biting, growling, peeing, pooping, etc.), no matter if the dog is a service dog or not, they can be removed. So if your dog is having a bad day or their training is not complete and they do any inappropriate behaviors, be responsible and apologize immediately, clean up any mess, and leave for the day. Retrain for the environment and attempt it again only after you’re sure your dog will be able to handle it.
It’s best to run through this script repeatedly with friends, family members, and other service dog users until you have memorized the sentences you want to say. This way in the heat of the moment, when your face is flushed and you have adrenaline coursing through your veins, you are prepared to handle the confrontation with dignity and grace, avoiding any arrogance or mean-spiritedness that is likely to put a gatekeeper in a “no” mindset.