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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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9/7/2015 9:30 pm I went into my local 7-11 I had my service

Customer Question

9/7/2015 9:30 pm I went into my local 7-11 I had my service dog in my arms not even touching the floor.
As soon as I walk in the door a male Hispanic cashier told me to leave .I told him she was a service dog he said there was food there and the dog was not allowed in there. I told him again she was a service dog and that the day crew ladies knew this and I had shown them papers..He got rude and said there is food there so no dogs ! I was really hurt and my feeling were really hurt .the day shift were nice about it.
I left feeling like I'd been kicked it really ruins ones day it enough to be different but then someone rub your feelings in it ....slsms you into a hole of depression. Another cashier came out of the back and I d seen him before and I asked him for the bosses phone number he gave it to me and after I got the number in and I told him the other clerk had basically threw me out because of my service dog.
9-8-2015
I was still upset and called the regional manager told him what happen .He was cold and aloof about it didn't even apologize about it. ( I then said that I know 7-11 has 24 Hour 7 days a week taped security tapes and I wanted a copy of the incident it was between 9:30 to 10:25 pm) . He said they do not give out copies of the taspes.
( Is there some type of Legal letter to send that would make them send me a video copy of event. ??? )
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I had done better than follow the rules I informed him over 3 times she was a service dog..He was totally Rude then regional manager was cold didn't care. At a loss in Lubbock ,Texas.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Assuming that you have documentation of a disability and proof of the training of this service animal (that is, it has to be a bona fide service animal) then they had an obligation to do this in both Federal and state law.

Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.

Because violations of Title II of the ADA are tied into the Rehabilitation Act, damages could be a possibility (42 U.S.C. § 12133) if a public entity is involved. If it is a place of public accommodation, injunctive relief and attorney fees are available (42 U.S.C. § 12188). The aggrieved individual may have remedies under state laws as well. In Texas, for example, wrongfully denying access to a person with a service animal is a misdemeanor punishable by a fine of not more than $300 and 30 hours of community service. Guessing wrong in Texas also results in the personnel being deemed to have deprived a person with a disability of his or her civil liberties, possibly giving this person a cause of action for damages with a conclusive presumption of damages in the amount of at least $300.

You can file an ADA complaint by going to this site and getting the form: http://www.ada.gov/filing_complaint.htm

As far as a state complaint goes, you can contact the police (on the non emergency line) and report the crime (again, it's a misdemeanor).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

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