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> (6) Inquiries. A public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an an
by wahern 7y ago
> (6) Inquiries. A public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
28 CFR § 36.302(c)(6) https://www.law.cornell.edu/cfr/text/28/36.302 https://www.law.cornell.edu/cfr/text/28/36.302
- microcolonel 7y agoSeems to me that there should be a corresponding responsibility not to knowingly misrepresent an animal as a service animal. Seems like something that should be criminal, to me.
- wahern 7y ago28 CFR § 36.302(f)(8) says, > Investigation of fraud. A public accommodation may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently. I don't know if there are any remedies available beyond civil tort and contract money damages, nor what the applicable criminal statute would be, if any. Seems like a complex area of law, but from reading bits of legal commentary dredged up with Google I get the impression that the government is deliberately erring on the side of reducing friction for the legitimately disabled and are well aware of the unintended consequence of increased fraud.
- bredren 7y agoThis happens in the concert scene. I was in a fan community where there was a spill of drama over someone feigned a disablement to get disabled seating tickets. They were outed and it was messy.