EL PASO COUNTY, Colo. (KOAA) — An Air Force veteran says she has been denied service at local businesses because of her service dog, and she hopes sharing her story will help raise awareness about the rights of people who rely on service animals.
Jessi's service dog, Buster, is always by her side. She has had him for 6 years.
Wheeler is a veteran living with PTSD. She got him from Victory Service Dogs. She says Buster has played a critical role in her mental health.
“November of 2020 was the last time I felt like I didn’t want to be anymore,” Wheeler said. “I have, unfortunately, been suicidal. Having him gives me that extra reason to stay.”
Buster does much more than provide comfort. He is trained to perform specific tasks, including retrieving Wheeler’s medication when she needs it. Those tasks may seem small to some, but Wheeler says they can be lifesaving.
“I cannot imagine my life without him,” she said.
However, Wheeler says she has been denied access to local businesses because of Buster, and that it has happened more than once.
“I just wanted a snow cone,” she said. “I went in, and the owner told me his business was a sterile environment and dogs were not allowed in.”
To clarify what businesses can and cannot do in these situations, News5 spoke with Frank Santana, legislative advocacy specialist with The Independence Center, a local disability advocacy organization.
Santana says under the federal Americans with Disabilities Act (ADA), businesses are limited in what they can ask when someone enters with a service dog.
“They can only ask two things,” Santana said. “Is the dog required because of a disability? What tasks has the dog been trained to perform?”
Businesses cannot ask for documentation, certification, or proof that the dog is a service animal.
Santana says confusion often arises when people mistake emotional support animals for service dogs.
He says service dogs are individually trained to perform specific tasks related to a person’s disability. Emotional support animals, while important to their owners, do not have the same public access rights as service animals under the ADA.
News5 asked him what happens if a business refuses service because of dog allergies.
“Under ADA regulations, having a dog allergy is not an excuse to deny somebody’s access to your establishment,” he said.
There are some exceptions. A business can ask a service dog to be removed if the dog is out of control and the handler does not take effective action to control it, if the dog is not housebroken, or if it is behaving aggressively or disrupting the establishment.
“How they help the disabled community... they’re not just an accessory or for fun,” she said.
Wheeler hopes greater awareness will prevent others from experiencing similar situations in the future.
The Independence Center says it provides resources to help business owners better serve customers with disabilities and understand their rights and responsibilities under the law.
You can visit HERE to learn more about a service dog.
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