About a year and a half ago I told
you about the case of the Seattle
shopkeeper who was fined and sent
to sensitivity training because
she didn't allow a mental health
service dog into her consignment
clothing store. Now we have a new
example that underscores my suggestion
that if your customer (or tenant,
or anyone else visiting your property
that is "open to the public"
with your express or implied permission)
says they have to bring their dog
in with them because it is a service
animal, you better just let them
in and not ask any questions. My
source for the new example is the
San Diego Union-Tribune, again by
way of Overlawyered.com.
I must again emphasize that I do
not in any way intend to minimize
the very worthy societal goals of
disabled-access legislation, or
to minimize the importance of accommodating
those whom such legislation is intended
to help. I can't resist pointing
out, however, the unintended consequences
that can result when such laws are
extended to situations not foreseen
when those laws are adopted.
Mr. Espinosa visited the Escondido
public library with his service
dog, Kimba. There Kimba had an unfortunate
altercation with a cat called "L.C."
(not in honor of the famed Pittsburgh
Steelers lineman L. C. Greenwood,
as you will see below). Mr. Espinosa's
claim against the library has now
been pending since May 2001, and
will be going to trial soon. I will
pick up the newspaper account, which
describes it more succinctly than
I could, for the rest of the story:
