TUCSON, Ariz. (KGUN) — Allowing service animals into establishments is required by law, but some people with disabilities run into issues with management.
According to the Americans with Disabilities Act (ADA), “State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to go.”
Though that’s not always the case people run into.
Brian Latta, Vice President of 1 Veteran Foundation, has a service dog named Luke for mobility and assisting, and says he has inconvenient encounters on a daily basis.
“You tell them it’s a service dog and they’re like well they have to wait outside, or you have to sit on the patio or you can’t be inside or your dog’s too big, or you need to order food to go," said Latta.
Latta says Luke helps him get around and is needed all the time.
“I've probably got more titanium in my body than I do calcium. You know, undergone eight different open reductions and then two spinal fusions and heart valve replacement. There’s a lot of things that through my life contributes to me needing a little bit of support and he’s always there for me. Not every place you go to has ramps all the time, there's curbs that I have to be careful about going up and down. So he's always there to assist me and he's got my back, and now I'm trying to have his," Latta said.
Latta says he's owned a restaurant before, Chuy's Mesquite Broiler, and he knows how service animals should act and be treated.
"I'll keep him under control. I'll sit in a place where I don't intrude on your staff because one thing you don't want to do is have your animal block an exit or an entrance and that's a safety hazard," explained Latta.
1 Veteran Foundation is a nonprofit group who helps veterans dealing with Post Traumatic Stress Disorder (PTSD) receive a service dog in Southern Arizona.
David Gardner is one of those Army veterans that got his dog Arya through the foundation.
His wife, also an Army veteran, has a service dog named Edward, or Eddie for short.
Gardner suffers from PTSD and says his dogs help him fight the invisible challenges most people don’t see.
“His main job is when I get stressed out in a situation he’ll guide me away to like a calmer area or if my mind’s kinda wandering, he’ll bury his face like you saw and he’ll get me to snap out of it," said Gardner.
Gardner says his dog and his wife's dog have saved their lives.
"I went from staying in my house and only going out to a couple places to now I go to Roadrunner hockey games with my dog. So our quality of life has gotten a whole lot better. You saw him laying on me earlier. He's a big goofball. So he brings me a lot of joy and it's just a pleasure to work with him," said Gardner.
He adds that many people question his disability which doesn't help his situation.
"You can't see my disability unless you're inside my head. So I'll get, oh, you're not even disabled. You're just trying to take your dog out. No, believe me, I'd like to bypass all the stress. No, that's not it. So, yeah, that's a common issue, my wife and I get," detailed Gardner.
He recalls one situation where the police had to be involved because he was denied entry into a building.
“They refused to let us in to watch one of my stepchildren play basketball and I wasn’t going to have that, so I called the cops," said Gardner. "Two hours later the cops said I was in the right and the guy actually had to let me in or he’d get charges.”
He even goes as far as carrying an informational card of what the federal law states and an ID for his dog to avoid issues, though it’s not required to show for entrance.
The ADA states businesses can only ask two questions.
They may ask if this service dog is required because of a disability and what work or tasks this dog is trained to perform.
Businesses may not asking for special identification for the dog, ask about the handler's disability, charge additional fees because of the dog, or refuse admittance, isolate, segregate, or treat this person less favorably than other patrons.
Latta says he's bringing this problem up not to throw businesses under the bus, but to inform the community.
"When I have given them information or contacted their management, and so as long as they have abided by the guidelines, I have no problem returning to those establishments. That's why I'm not calling out any names or anything. This is more of an educational issue than it is an angry issue," Latta explains.
He says he loves coming to Trident Grill because the owner Nelson Miller is a retired U.S. Navy SEAL who loves canines and understands the law.
“The service dog has to behave, you know? They have to be on a leash, not necessarily in hand. They can be put in a commands position," Latta says.
Latta says unfortunately some people buy a fake service dog vest and the whole community gets judged for it.
"I would hope that other people that maybe their dog is not a service dog, but they have a service dog vest on them, think twice about it. You know, it's kind of like parking in a handicap parking spot. I'd be happy to give that spot away if I hadn't gone through all the things that has allowed me to be there. I don't believe most people would want to walk a mile in my shoes," said Latta.
He and Gardner say they are sharing their story so no one else has to deal with the same issues.
"So that more establishments don't have quite the resistance," added Latta.
If you would like more information regarding ADA rules and regulations, you can visit theirwebsite.
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Vanessa Gongora is KGUN 9's Westside reporter.. Vanessa fell in love with storytelling by growing up in sports. She was fascinated by how sports reporters go beyond the x's & o's to tell players' stories, and how sports bring people together, inspiring Vanessa to provide the same impact as a journalist. Share your story ideas and important issues with Vanessa by emailing vanessa.gongora@kgun9.com or by connecting on Facebook, Instagram, and X.
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