Store boots disabled vet and his service dog,
BY MELISSA VARGAS
STAR-TELEGRAM STAFF WRITER
HURST -- Retired Army Staff Sgt. J. Alex Gonzalez wanted to do a little Christmas shopping Tuesday afternoon.
The 36-year-old disabled military police veteran loaded up his service dog, Mason, and headed to North East Mall. But Gonzalez's Yuletide spirit turned to surprise and anger when he and Mason were asked to leave Dillard's department store because of the store's no-animal policy.
Experts say the incident reflects common misconceptions about service dogs and the lack of education about the Americans with Disabilities Act.
Gonzalez says he doesn't want to shop at Dillard's anymore.
"This is discrimination and it's wrong," he said in an interview at his north Fort Worth home Wednesday. "I wanted to make this into a positive situation."
A misunderstanding
Gonzalez began using the now 7-month-old dog several months ago to help him stay mobile after discs in his back were injured during the invasion of Iraq in 2003, he said. When Gonzalez holds Mason's leash or clips it to his belt loop, the dog prevents Gonzalez from falling if his knees give out or he loses his balance.
All parties agree that Gonzalez went into the store about 5 p.m. Tuesday. He was shopping with the dog for several minutes before he attempted to take Mason up the escalator. Mason -- wearing a black vest with the words "service dog do not pet" -- hesitated at the moving platform and Gonzalez had to coax him on, he said.
When they reached the second floor, however, they were met by the store manager and a security guard.
From there, accounts vary.
Gonzalez says the manager did not believe he is disabled because he isn't blind or deaf. When Gonzalez explained that he is disabled and was training Mason to help him, the manager responded that dogs were not allowed in the store and that Gonzalez would be escorted out, Gonzalez said.
The manager was "very firm, and I felt embarrassed and ashamed," Gonzalez said. "I felt like I was disrespected."
Dillard's officials say Gonzalez never identified himself as disabled and only indicated that he was training the dog.
"On a daily basis Dillard's welcomes customers with service dogs into many of its stores across the country," Johnson said.
"If a person wishes to seek to train a dog in a Dillard's department store, the respective store manager needs to be contacted so that the best time can be established for both parties."
After leaving the store, Gonzalez contacted Hurst police. Officers talked with Gonzalez and the manager and determined that the dispute was a civil matter. Police say there was a report of the dog causing a disturbance in the store, which gives the business owner a right to ask the animal to leave.
However, if a business owner is suspected of discriminating against a disabled person with a service animal, the business owner can be ticketed for misdemeanor discrimination, police said.
"It had nothing to do with a disturbance," said Gonzalez, who said he has an extensive background in law enforcement and served 18 years in the Army before being honorably discharged because of his disability two years ago. "I should have been escorted out, cited or warned by a peace officer if there was [a disturbance]."
Americans with Disabilities Act
The act takes priority over local or state laws and regulations and requires privately owned businesses to allow service animals onto business premises in all areas where customers are generally allowed.
What is a service animal?
Any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If the animal meets that definition, it is considered service a animal regardless of whether is has been licensed or certified by state or local government. Service animals are used by people who are blind, deaf, use wheelchairs or have balance impairments.
The rules
A business owner may not insist on proof of state certification before permitting a service animal to accompany a person with a disability.
Although county health departments sometimes say only guide dogs can be admitted, ADA regulations supersede those rules. Animals may be excluded from a facility, however, if the animal's behavior poses a direct threat to the health or safety of other people. The animal can also be excluded for disrupting a business if drastic changes to the business would have to be made to accommodate the animal.
In Texas, an assistance animal in training has the same rights as long as the trainer is an agent of an organization generally recognized by agencies involved in the rehabilitation of animals and their handlers.
Violations
The penalty for violating the Texas law is a misdemeanor punishable by a fine of $300 to $1,000. Victims of such discrimination can also seek damages in civil court for violations of their civil rights.
Source: U.S. Department of Justice and Texas Law on Assistance Animals,B.
mvargas@star-telegram.com
MELISSA VARGAS, 817-685-3888
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