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[NJ] Can a business refuse entry to a service dog that isn’t wearing tags or a vest?
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Hello, how are you?
I’m good, thanks. How can I help?
I have a service dog. I’m a 100% disabled vet. I have handicap tags on my car. I parked out in front of the local optometrist, and I have his ADA and my ADA paperwork, plus I have his disability dog card. I asked if I could bring him in, and he said it’s the policy that he can’t have animals. I told him it’s a service dog, so they wanted me to leave him in the car. It would’ve been 45 minutes, so I let him sit outside. I had him lie down. They looked at me like I was an idiot, but he didn’t move without a collar. They made me go home because they said my card wasn’t good enough without tags, so I went home and got his collar that says he is an ADA service dog. Then they let me in, so I made him sit outside the window. He didn’t move until I gave the command, then he came. Do I have a case?
I’m sorry to hear about the difficulties you faced with your service dog at the optometrist. Can you tell me if you have any documentation or proof of your service dog’s training and certification?
Yes, I told the lady I have the ID card in my wallet. She said that wasn’t good enough, that I needed his tags, so we sat outside for a while. I took pictures of him, then I drove home 20 minutes to get his tags. I brought them back to show he is an ADA service dog, then they let me bring him in.
Have you previously encountered any similar issues with other businesses regarding your service dog?
Yes.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your service dog issue.
No.
Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you’re dealing with a situation involving your service dog and access issues at an optometrist’s office. Disclaimer: Just a note, this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only. Could you provide more details about any previous incidents or communications you’ve had regarding your service dog?
Yes, I took my dog to the local optometrist. I wanted to get a pair of exchange sunglasses. I asked if I could bring my dog in. He’s a service dog. They told me that the policy is no pets. I said, “But he’s a service dog.” I didn’t have his tags on him. I told them I have my ID in my wallet. They said I needed his tags. They made me leave him in the car, so I told them I’d put the air conditioning on. The lady said, “Is he that smart?” I said, “Yeah, he could probably drive. He’s a service dog.” I asked, “Can I bring him in?” She said no, it’s the policy. I have pictures of him out in front of the store lying down without a collar on. He doesn’t move until I tell him. They made me go home and grab his tags, even though I had his card in my wallet. My car has disabled veteran plates. I told her that I’m a disabled veteran, so she made me go home and get his service dog collar and vest. I brought it back, then they let me in, but I made him sit at the door, and he didn’t come in until I gave the command.
He is not a comfort dog. He is a service dog.
Could you let me know which state this incident took place in? This will help me understand the specific regulations that apply.
NJ.
Thanks for letting me know. In New Jersey, service dogs are protected under both federal and state laws. Could you tell me if there were any witnesses or if you have any documentation of the incident at the optometrist’s office?
Yes. When I took pictures, they stood out of the way. When they came out, they petted the dog and said, “Disgrace.” Plus all the employees. The customers heard the interaction.
Based on your situation, there are several legal arguments and protections in New Jersey that could potentially support your case:
Under the Americans with Disabilities Act (ADA), service dogs are allowed to accompany their handlers in all areas where the public is permitted. This federal law applies to all states, including New Jersey, and requires businesses such as medical offices and retail stores, which are places of public accommodation under 42 U.S.C. § 12182, to make reasonable accommodations for individuals with disabilities. Federal regulations at 28 C.F.R. § 36.302(c) specifically prohibit staff from requiring documentation, such as proof that the animal has been certified, trained, or licensed, as a condition of entry. When it is not obvious what service a dog provides, staff may ask only two questions: whether the dog is required because of a disability, and what work or task the dog has been trained to perform. The U.S. Department of Justice’s service animal guidance also confirms that service animals are not required to wear a vest, ID tag, or specific harness.
In New Jersey, state law also supports the rights of individuals with service dogs. Under N.J.S.A. 10:5-29, a person with a disability accompanied by a service dog is entitled to full and equal access to public facilities, and N.J.S.A. 10:5-29.11 provides civil penalties for interfering with or denying that access and allows an aggrieved person to file a complaint or action. Businesses cannot deny access to a person with a service dog, and they are not allowed to require documentation or proof of the dog’s status as a service animal. The law recognizes the importance of service dogs in assisting individuals with disabilities and mandates that they be treated as an extension of the person they assist.
The situation you described, where you were asked to leave your service dog outside or provide additional documentation, may not align with these legal protections.
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