Access Challenge Cheat Sheet

$Revision: 1.4 $
$Date: 2006/05/26 16:41:59 $

Introduction

Titles II and III of the Americans with Disabilities Act (implemented in 28 CFR Part 36) ensure access for disabled people and their service animals into all areas open to the general public such as stores, restaurants, theaters, medical facilities, and most forms of public transportation except air travel. There are some limitations on this grant of access, but they should not apply to typical recreational or consumer activities.

People who control access to areas of public accommodation are often referred to as "gatekeepers." Gatekeepers may legitimately inquire if an animal is a service animal, but may not ask the nature of your disability. Some legitimate debate exists as to whether gatekeepers may inquire about the tasks a service animal provides; this is probably legal, but should be answered carefully to preserve one's privacy.

Service animals which are out of control, disruptive (e.g. barking inappropriately), or dangerous may be legitimately barred from the premises. However, attempting to prevent a well-behaved service animal from accompanying its handler is usually a form of discrimination, and one's rights should be vigorously defended in such circumstances.

Legitimate access challenges are usually infrequent, but should be treated as routine when they occur. A polite but succinct response indicating that your animal is a service animal is usually all that's required to successfully negotiate the issue. However, illegitimate challenges, improper inquiries about the nature of one's disability, or blatant discrimination should never be tolerated.

Because people with neurological, psychiatric, and other "invisible" disabilities are challenged more often than those with obvious physical limitations, it is important to prepare for the inevitable. This "cheat sheet" may help those who need support in handling an illegitimate access challenge. In the heat of the moment, it is easy to get confused or angry, and a well-written "script" may prevent a difficult situation from deteriorating.

For best results, I recommend carrying this cheat sheet, along with pen and paper, in your service dog's vest pocket. I also recommend keeping citations of all relevant state and local laws on hand as well, in the unfortunate event that the police become involved in the process.

Remember, most access challenges can be handled through a polite but firm assertion of your rights. But, if things do deteriorate, I hope this cheat sheet will help you handle the situation with the calm assurance necessary to see things through to a successful conclusion.

Step-by-Step Guidelines

  1. Identify the nature of the initial challenge. Knowing the issue is the first step in resolving it. Circle one of the common types of improper challenges, or write down the actual words used.
    • "Leave your dog outside."
    • "No dogs allowed."
    • "Only guide dogs are allowed."
    • "[I am/People are] allergic to dogs."
    • "You don't look disabled."
  3. Get the name of the gatekeeper. Simply asking someone's name, and especially writing it down, can create a powerful psychological impact that may defuse an access challenge.
    • If the gatekeeper is wearing a name tag, write the name down.
    • If the gatekeeper is not wearing a name tag, simply ask "What is your name, please?"
  5. Identify the role or position of the gatekeeper. Knowing this will help you determine what to do next if you can't resolve the situation amicably. The role may be self-explanatory (i.e. a uniformed security guard) or included on the person's name tag (e.g. cashier). If so, circle one of the common jobs listed.
    • security guard
    • store greeter
    • salesperson
    • clerk
    • cashier
    • host/hostess
    • waiter/waitress
    • receptionist
    • nurse
    • doctor/dentist
    • manager
    • owner
    If you can't identify the position, or if it doesn't match any of the categories above, ask "What is your position here at <name of store or facility>?" Write the response down.
  6. Politely inform the gatekeeper, "The Americans with Disabilities Act and other laws ensure access for me and my service animal. Please let me go on about my business." Write down any response.
  7. If gatekeeper's response is not positive, and the gatekeeper is not the manager, ask the gatekeeper to summon the manager. If the person refuses to summon a person of higher authority, skip to step 11.
  8. Identify the person who shows up; sometimes gatekeepers will summon peers instead of supervisors. If the person who appears is wearing a name tag that says "Manager" (or an equivalent such as "Supervisor") write down their name as it appears on the name tag. If the person who appears is not wearing a name tag and does not introduce himself immediately, ask "Are you the manager?" If the answer is yes, you should then ask "And what is your name, please?" If the person is not a person of higher authority than the person who challenged you initially, continue to politely insist that a manager be summoned. Write down all responses.
  9. Calmly explain to the manager what happened. For example, you might say "<Gatekeeper's name> is attempting to unlawfully deny me access by saying <challenge statement>. I explained that the American's with Disabilities Act and other laws ensure access for individuals with service animals, but he stood by his earlier assertion that my dog and I were not allowed in here. Will you please handle the situation properly, and allow me to go on about my business?"
  10. If the manager's response is positive, thank him for resolving the issue, and go on about your business. Otherwise, write down the manager's response.
  11. If the manager did not resolve the issue, you have two options:
    • If service animals are covered by state or municipal laws (not the ADA), call the police on your cell phone or request that the manager do so.
    • In states with no service animal laws, you should leave at this point. State and local police cannot enforce the ADA itself, since that is a federal law. You can decide later whether to contact the corporate offices of the business (if applicable), or to file a civil suit after consulting with a competent attorney.
  13. In states where there are laws protecting the use of service animals, wait calmly for the police to arrive. Insist that the manager wait with you in public view until the police are on the scene, but be willing to wait outside if a physical confrontation seems likely.
  14. When the police arrive, politely ask for the officer's name and badge number. You might say, "Thank you for coming, officer. Could I please have your name and badge number before we get started?" Many officers carry cards with this information; if he doesn't provide one, write the information down.
  15. Calmly explain to the officer which city, county, or state law the gatekeeper has violated, and ask that he be charged accordingly. If you have a list of the relevant laws with you, show them to the officer. If you do not have the citations handy, and the officer is unfamiliar with the laws you are referring to, politely suggest that he contact the station for the information required.
  16. If the officer refuses to enforce the local laws, or asks you to leave, you might politely ask that he put you in contact with a superior officer before he leaves the scene. However, heated arguments with police are rarely constructive, so be prepared to leave and take the matter up later with a phone call to the police station or directly to a lawyer.
  17. If all else fails, take the information you have written down and report it to your local ADA advocate, state attorney general, or other resource as described by law. Even if you decide not to file a civil case yourself, various agencies may choose to do so on your behalf.

Final Thoughts

This is a work in progress. Feel free to modify the step-by-step guidelines for your own personal needs, or change the phrasing so that the language feels more natural to you. Better yet, submit any changes or improvements to me so that others can benefit as well.

Here are some additional tips:

  1. Always try and short-circuit an access challenge as early as possible; it would be best to never have to go through all the steps on the cheat sheet.
  2. Throughout the process, be firm but polite. Try being assertive, instead of defensive or aggressive.
  3. If you are unable to remain calm, if hostilities begin to escalate instead of defuse, or there is any danger of physical violence on either side, it is probably better to leave with whatever you have documented up to that point. You can always call the management or the police later, or return another time with a witness.
  4. Always avoid physical confrontations.
  5. If the police become involved, always make a concerted effort to remain calm and rational, regardless of the outcome. Shouting and hand-waving almost never garner sympathy for one's position.

And finally, if you find yourself embroiled in a particularly bitter dispute over access, you may need to involve a lawyer. Personally, I would recommend that anyone who is denied access--especially after police have become involved--consult with a lawyer as soon as possible anyway. There is no substitute for sound legal advice in such situations, especially if the outcome was not in your favor.

No matter what happens, believe in yourself. If you don't stand up for your own rights, no one else will. Good luck!

Disclaimer: This cheat sheet is not a substitute for doing your own legal research, or receiving sound legal advice from an attorney. Anyone who assumes otherwise is probably a candidate for protective restraint.