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I have a trained service anima (not emotional support

Customer Question
Hello, I have a...

Hello, I have a trained service anima (not emotional support animal)l in state of California and I signed up for a new gym and the owner told me that I would be unable to bring my service animal to the gym as its a private facility. She mentioned the only way that they would be able to accommodate is if I have someone watching the dog while I am in a gym class as I am unable to bring the dog into my gym class. I never had an encounter where I was denied access due to my service animal and wanted to understand if fitness class gyms are private facilities and exempt from ADA

Lawyer's Assistant: Has anything been filed or reported?

I have not filed anything yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That pretty much sums it up

Submitted: 6 months ago.Category: Legal
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Customer reply replied 6 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 6 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 26 minutes by:
11/7/2017
Lawyer: Ray, Lawyer replied 6 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,077
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 6 months ago

They are flat wrong here.

Reference

Are gyms, fitness centers, hotels, or municipalities that have swimming pools required

to allow a service animal in the pool with its handler?

A: No. The ADA does not override public health rules that prohibit dogs in swimming pools.

However, service animals must be allowed on the pool deck and in other areas where the public is allowed to go.

https://www.ada.gov/regs2010/service_animal_qa.pdf

You can file an Americans with Disabilities Act complaint alleging disability discrimination against a State or local government or a public accommodation (private business including, for example, a restaurant, doctor's office, retail store, hotel, etc.). A complaint can be filed online using the link below, or by mail, or by fax.

To file an ADA complaint online:

Online Complaint Form | (en Español)
Instructions for submitting attachments are on the form.

To file an ADA complaint by mail:

US Department of Justice***** NW
Civil Rights Division
Disability Rights Section – 1425 NYAV
Washington, D.C. 20530

By all means file such a complaint it is clear they cannot deny you access to t eh gym and any classes here under ADA.

Appreciate the chance to help you please ask any followup here.

Thanks for rating 5 stars.

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Customer reply replied 6 months ago
Here is the email that I wrote the owner of the facility that summarizes the conversation I had today.Hi Mystie,Thank you for speaking with me today-Since I am unable to bring my service animal into gym facility, I would like to suspend my gym membership and be issued a refund (I initiated a membership last week). I am sorry to hear that there is no accommodation for me to attend gym classes at StudioMix with my service animal.To summarize our conversation todayI will be unable to bring my service animal into the gym as it is a private venue and you have policies against allowing animals who sit unattended while their handler is attending a class in a separate room
The only way I am allowed to bring a service animal and attend a class is if a I have a person watch the service animal (e.g family member)
The service animal is not allowed to be in the gym classroom with me, nor is allowed to be tethered on a leash outside the classroom even if it is trained to remain seatedPlease confirm that my membership is cancelled.Thank you,Maanuv
Lawyer: Ray, Lawyer replied 6 months ago

This is fine `you can fight this for sure they are wrong here, you might want to see if ACLU can help here too they sue folks like this.

https://www.aclusocal.org/en/seeking-legal-help-aclu

If you will stay after these guys they will soon be backtracking here, the law is on your side.

Prayers to you and thanks for letting me help and for rating 5 stars here.

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Category: Legal
Satisfied Customers: 47,077
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Experience: 30 years in civil, probate, real estate, elder law

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