TikTok user @myeyes_marli is visually impaired and her guide dog Marli has been by her side for the past 4 years.
Throughout those years together as a team, the two of them have never been denied access to a public space. But that all recently changed.
In the video below, the disabled young lady is denied access for the very first time. According to the Americans with Disabilities Act, businesses can ask only two questions to service dog handlers, which she answered. And even after explaining herself, the reason why she was denied access is unlawful. Further details have been omitted pending litigation.
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Under the ADA and its implementing regulations, the right of a blind person to be accompanied by a guide dog in places which serve the public is guaranteed. Section 36.104 of Title 3 specifies that ‘service animals,’ which include guide dogs, are covered by the statute.
The ADA guarantees people with disabilities who use service dogs equal access to public places such as restaurants, hospitals, hotels, theaters, shops, and government buildings. This means that these places must allow service dogs, and the ADA requires them to modify their practices to accommodate the dogs, if necessary.
Entrance cannot legally be refused—in most cases. Even if the business has a “No Pets” policy, a service animal is still legally allowed inside the establishment. A service animal is not a pet, so they are protected by different laws than other animals. A service animal should be able to accompany the owner into any area accessible to other customers.
If the animal is well behaved and simply accompanying an owner, there is no legal way that a business can refuse entrance or ask someone to leave. If they do, a lawsuit is the recourse for failing to uphold the ADA laws and regulations.
There is one exception to this rule, however. If a service animal causes a disturbance, the business can ask that the dog be removed. This could be anything from barking unnecessarily, growling, being unruly, urinating, or defecating on the premises. However, there has to be solid evidence for this to be a reasonable removal.
@snowcattish wrote:
As a restaurant manager, I would NEVER have the audacity to ask what a clearly marked service dog is needed for. We hope that would be the same for everyone but apparently, it’s not because this situation occurred.
@thecool1 added:
The guide dog is basically her eyes. They should never ever deny you.
TikTokers are coming to her defense and encouraging her to sue. As she should because this company clearly violated the ADA.
One TikToker even asked her to name the place.
She responded by saying:
Keeping it private for now as it is pending litigation.
We’ll be anxiously awaiting the results of this! And until then, we hope this young lady is never denied entrance again.
