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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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I am concerned about the dogs in the grocery stores .They

Customer Question

i am concerned about the dogs in the grocery stores .They have no identification that they are a service dog. Just some puppy that the person can not leave at home
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Fla.
JA: Has anything been filed or reported?
Customer: I would like to .I do not know who to call . when we bring it to the store mgr. they say there is nothing they can do about it . Who do i contact and what do i do i do not whant dog urin in my shopping cart
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i just want to know what my rights are in the state of florida and when i go to a store what i can do except call the mgr. and leave my basket ther for them to put away foe someone else to be contaminated
Submitted: 10 months ago.
Category: Legal
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 10 months ago.

According to Florida’s Administrative Code Chapter 64E-11 - the food hygiene rule, “No live birds or animals except for crustacea, shellfish and fish in a food service establishment…” An exception to the code however cites the regulations about public accommodation for people who use service animals.

"Under the Americans with Disabilities Act, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability," says the U.S. Justice Department Civil Rights Division in its publication "Frequently Asked Questions about Service Animals." The publication also states that emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA.

The problem for these stores is that they can't tell if an animal is a service animal, or a comfort or emotional support animal. And asking will potentially expose them to problems and potential litigation that they surely don't want to risk it, and therefore, play it safe and assume it is a necessary animal under the ADA. By the way, those "service dog at work" vests can be easily bought by anyone online -so they can't even use that as a guideline.

You may wish to contact your County Board of Health. If these stores are chains (e.g., Walmart, Publix, etc) you can reach out to their corporate headquarters with your concerns as well -just don't expect much, unfortunately, since the ADA limits what they can say and do.

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Expert:  RobertJDFL replied 10 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.

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