After the events that led to THIS post, I wrote up every detail of what happened, and emailed it to the courthouse's general email, planning to file a formal complaint Monday morning with the DOJ. 10am Monday morning, I found the formal complaint red tape unnecessary because in my inbox was an email. From a judge. I can't say EXACTLY what the email said, but the bullet points of the whole thing are essentially angry/appalled judge, meetings with security, meetings with sheriff's department, and a major WIN for the enforcement of the law passed 22 years ago (yes, it was passed in 1990. Everyone's had 22 years to comply) that protects people like me. It's a major happy bunny win in sugar gumdrop land, and I don't need to go through government red tape in order to make a change. Go me!
See? It's hard, but it's easy. Being willing to communicate, educate, and go to bat for your rights pays off. Wheeeeeee! Speaking of education? I'm planning a delicious post full of links and how to get a service dog 101 for people who need the info somewhere nice and tidy and shiny.
Wednesday, July 25, 2012
Friday, July 20, 2012
Access Denied
I knew it'd happen someday. Today I was denied access to a place that wouldn't take my knowledge for an answer, and they had security to keep me out. It was at a courthouse of all places, and I learned some things from my experience with these people. They harassed me for about fifteen minutes before finally letting me in, and it was a fight. I've had hard challenges before that I learned from, but nothing as blatant and persistent as this before.
These things pertain in the United States, but probably in most countries with some tweaks. These tend to be AFTER you've asked to see the person in charge, which is always my first step. Often employees are not as well-versed in the law, and the most important person there will usually take over and help you out. The access challenges I've had before were ALL fixed by talking to people above whoever challenged me, and my strategy for them is to talk to the boss and have them educate employees. Education is way better than getting into something, but sometimes they don't let you educate gently.
1. Persist. It took a while and they were treating me poorly, but I persisted as strongly as I could. Walking away not only denies you the right you had to enter but also tells them that they can do it to others. Sticking it through to win the battle to enter helps other teams that come after you and educates the public about your rights.
Do not for any reason let them put you on the back burner and ignore you, or otherwise shuffle you off. You do NOT need to provide any information about your disability or any paperwork. ID badges are worth the paper they're printed on, and your medical paperwork cannot be asked for except by your landlord or by someone with a warrant. It's your private medical information and is protected. Remind them of this and be strong.
2. Entering a public place with your legitimate service animal is your RIGHT. It's your civil right, and is legally the same as not allowing you in based on having a cane or being a certain race. Disallowing you for that reason is not acceptable at all. You need to make this known, that it's not acceptable to say no if they're not sure. I informed the officer denying me access that my dog was unarmed and was not going to disrupt anything. Being detained for reasons of being unsure or otherwise asked more questions, followed, or otherwise pushed for anything is harassment.
3. Remain calm and confident. It's your right, and if you remain calm and know your laws and rights, and are able to state them, you're more likely to be taken seriously. You have the right to enter. They have the right to ask you if your animal is a service animal and what tasks it performs. They have the right to ask you to leave if you do not make action to stop your dog from misbehaving or disrupting their business. You can repeat it over and over, and inform them of this. Quote the law, and KNOW what their rights and yours are. If you know the wording of the law and the individual state laws, and how most places handle things, you'll be taken more seriously. This got me through every access challenge except this one. Which leads me to more drastic measures. I believe repeating these things when talked to helped move things along. They cannot make special rules for you. That's not their right.
4. The ADA has a hotline. It's 800-514-0301. They can call it for info, and even get info off the website about their and your rights. Tell them to call that number. Put it into your phone, even. It's a source of this information you probably already gave them from the government lips. The person dealing with me refused to call it, but it's still a good resource to have out.
5. Remember details of the incident. Text them to yourself. I text messaged my email address the officer's name and department. It's on their uniform. Ask for name. I almost asked badge number, and not doing so was my mistake. They have to tell you this information, as a cop. If an employee in a business will not provide information, get the names of the manager, store number, address, and a description of the employee. I wrote down everything he said and did to me with his details as soon as I got home, so I can use that later without memory in the way.
6. Report them to their superiors, and if necessary, the Department of Justice. My issue was with a courthouse, so it's a one size fits all complaint. The Department of Justice does have a complaint hotline, but when dealing with a private business (as I have before when employees were rude to me about my dog) I contact the owner or corporate office. They take harassment of service dog handlers very, very seriously. That's where your details come through.
7. If you encounter this a lot, consider a hangman's noose letter. I don't carry a purse or see access challenges often, but it's useful in some areas of very stupid people. Essentially it's findable online or easy to write, and is a letter stating that the person who signs it (the person denying access) is now aware of the law (copied on the paper) and still chooses to deny access to the individual. You simply ask the person denying you to read and sign, or read and let you in. If they sign it, you have a signed letter stating that they are willingly breaking the law. That's essentially a noose around their neck, and all you have to legally do is drop them off the edge.
I hope this list helps someone! It's a learning experience to be denied, but the trick is to never, ever be intimidated. Ever. I'm terrified of cops, but knowing my rights and sticking to my knowledge gave me the best shield ever. My amazing dog helped me through the situation and was very good, to show them how legitimate he was. (Even though they insisted they only let some kinds of service animals through.)
These things pertain in the United States, but probably in most countries with some tweaks. These tend to be AFTER you've asked to see the person in charge, which is always my first step. Often employees are not as well-versed in the law, and the most important person there will usually take over and help you out. The access challenges I've had before were ALL fixed by talking to people above whoever challenged me, and my strategy for them is to talk to the boss and have them educate employees. Education is way better than getting into something, but sometimes they don't let you educate gently.
1. Persist. It took a while and they were treating me poorly, but I persisted as strongly as I could. Walking away not only denies you the right you had to enter but also tells them that they can do it to others. Sticking it through to win the battle to enter helps other teams that come after you and educates the public about your rights.
Do not for any reason let them put you on the back burner and ignore you, or otherwise shuffle you off. You do NOT need to provide any information about your disability or any paperwork. ID badges are worth the paper they're printed on, and your medical paperwork cannot be asked for except by your landlord or by someone with a warrant. It's your private medical information and is protected. Remind them of this and be strong.
2. Entering a public place with your legitimate service animal is your RIGHT. It's your civil right, and is legally the same as not allowing you in based on having a cane or being a certain race. Disallowing you for that reason is not acceptable at all. You need to make this known, that it's not acceptable to say no if they're not sure. I informed the officer denying me access that my dog was unarmed and was not going to disrupt anything. Being detained for reasons of being unsure or otherwise asked more questions, followed, or otherwise pushed for anything is harassment.
3. Remain calm and confident. It's your right, and if you remain calm and know your laws and rights, and are able to state them, you're more likely to be taken seriously. You have the right to enter. They have the right to ask you if your animal is a service animal and what tasks it performs. They have the right to ask you to leave if you do not make action to stop your dog from misbehaving or disrupting their business. You can repeat it over and over, and inform them of this. Quote the law, and KNOW what their rights and yours are. If you know the wording of the law and the individual state laws, and how most places handle things, you'll be taken more seriously. This got me through every access challenge except this one. Which leads me to more drastic measures. I believe repeating these things when talked to helped move things along. They cannot make special rules for you. That's not their right.
4. The ADA has a hotline. It's 800-514-0301. They can call it for info, and even get info off the website about their and your rights. Tell them to call that number. Put it into your phone, even. It's a source of this information you probably already gave them from the government lips. The person dealing with me refused to call it, but it's still a good resource to have out.
5. Remember details of the incident. Text them to yourself. I text messaged my email address the officer's name and department. It's on their uniform. Ask for name. I almost asked badge number, and not doing so was my mistake. They have to tell you this information, as a cop. If an employee in a business will not provide information, get the names of the manager, store number, address, and a description of the employee. I wrote down everything he said and did to me with his details as soon as I got home, so I can use that later without memory in the way.
6. Report them to their superiors, and if necessary, the Department of Justice. My issue was with a courthouse, so it's a one size fits all complaint. The Department of Justice does have a complaint hotline, but when dealing with a private business (as I have before when employees were rude to me about my dog) I contact the owner or corporate office. They take harassment of service dog handlers very, very seriously. That's where your details come through.
7. If you encounter this a lot, consider a hangman's noose letter. I don't carry a purse or see access challenges often, but it's useful in some areas of very stupid people. Essentially it's findable online or easy to write, and is a letter stating that the person who signs it (the person denying access) is now aware of the law (copied on the paper) and still chooses to deny access to the individual. You simply ask the person denying you to read and sign, or read and let you in. If they sign it, you have a signed letter stating that they are willingly breaking the law. That's essentially a noose around their neck, and all you have to legally do is drop them off the edge.
I hope this list helps someone! It's a learning experience to be denied, but the trick is to never, ever be intimidated. Ever. I'm terrified of cops, but knowing my rights and sticking to my knowledge gave me the best shield ever. My amazing dog helped me through the situation and was very good, to show them how legitimate he was. (Even though they insisted they only let some kinds of service animals through.)
Subscribe to:
Posts (Atom)