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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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I have a letter from my psychiatrist stating that he

Customer Question

I have a letter from my psychiatrist stating that he believes it beneficial for my EAS dog to go with me at all times. I suffer from severe panic attacks and also have palsy and the dog tends to keep me calm enough to do routine tasks outside of the home. I carry the letter with me at all times. On occasions my dog a Maltese has had accidents in the store. I always carry bags and sanitizer wipes with me. Today she had an accident and the manager told me she was not a service dog or she would never have accidents He also stated she was no longer welcome in the store. Is this legal?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I have a letter from my psychiatrist stating that he believes it beneficial for my EAS dog to go with me at all times. I suffer from severe panic attacks and also have palsy and the dog tends to keep me calm enough to do routine tasks outside of the home. I carry the letter with me at all times. On occasions my dog a Maltese has had accidents in the store. I always carry bags and sanitizer wipes with me. Today she had an accident and the manager told me she was not a service dog or she would never have accidents He also stated she was no longer welcome in the store. Is this legal?
Response: Unfortunately, yes. Your dog is not a service dog and thus the store can bar you from coming into the store with the dog.
A service dog is a dog that actually helps disabled persons with their daily chores and it is covered under Americans with Disabilities Act. Evethough your emotional support dog helps you to relax enough to do routine tasks outside the home it is not the same as a dog that is helping a blind person walk. To learn the difference between a service dog and an emotional support dog, click on the link below:
http://www.servicedogcentral.org/content/node/76