I am a 56 year old blind woman who lost my vision 13 years ago. For the past 7 years I have been using a certified and train guide dog for navigation and safe traveling.
On Saturday, March 30, 2013 accompanied by family members and my guide dog, we attempted to enter East by West, 9 Center Street, Eureka Springs, AR. I was immediately rudely refused access by the store owner, Yume Leavell.
MS Leavele has two live rabbits that assist her in a purchase by a customre. As I walked into the store with my guide dog, Ms. Leavell rudely told me,
"You can't bring that dog in here, it could Cause my rabbits to have a heart attack and they could die".
Yume Leavell's actions are against the Federal and Arkansas State laws in refusing me or any service dog team, the right of access with my guide dog into her store, my time was limited, I calmly left East by West.
However, before leaving, I tried to explain to Yume Leavell it is against the law to refuse access to any service dog and handler into any public business or accommodations. Her response to me was,
"I don't care". At the very least, Ms. Leavell could have asked me to wait outside with my guide dog, while she put her rabbits away if she did not want them exposed to my service dog while we were in her store.
The state and Federal laws clearly explain the access rights afforded to any service dog teams.
These laws fall under the Americans with Disability Act (ADA) which is under the Department of Justice in Washington D. C., 28 CFR part 35.104 & 28 CFR Part 36.104.
Additionally, the Arkansas state law, Section 20-14-303
Clearly state that any service dog is allowed in any public accommodations.
A summary of the Arkansas State Law for Service Dogs:
Section 20-14-303
a) Every visually handicapped, hearing impaired, or other physically disabled person shall have the right to be accompanied by a service animal especially trained to do work or to perform tasks for the benefit of an individual with a disability in or upon any and all public ways, public places, and other public accommodations and housing accommodations prescribed in 20-14-303 and shall not be required to pay any extra fee or charge for the service animal.
A summary of the ADA Federal law for service dogs:
28 CFR part 35.104 & 28 CFR Part 36.104
Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
28 CFR 35.136 Service animals
* A public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.
My hope is that Yume Leavell will become knowledgable regarding the laws afforded to all service dog teams.
Sarah Calhoun read more