Winn Dixie Complaint - Handicap People Beware

Posted by Starlord on 2011-11-22:

The manager is in violation of federal law. The Department of Justice has an ADA Information line at 1-800-514-0301. I am also handicapped and we have two service dogs (Chihuahuia mix) who go everywhere with us. We have never had a problem with store people, usually, it comes from other customers. I would also contact corporate offices of Winn-Dixie, as the manager's attitude opens them to being the deep pockets in a federal lawsuit for real money.

Posted by CrystalSword on 2011-11-22:

Such insensitivity!! With a jerk like that for a manager I'm surprised he has any business at all.
Had I witnessed something like that, I'd have had to say something because our dogs would have been right there with us! As Starlord said, our service dogs go everywhere we go and its extremely rare that they are left at home or in the vehicle (weather permitting, of course).

I really think I'd contact the main office and let them know about this and that you are considering taking them to court, not only for not allowing the dog but the slanderous comment made about your wife!

Posted by Anonymous on 2011-11-22:

That manager should not be allowed to work with the public. I hope you take this matter further by following Star's and Crystal's advice.

Posted by CrystalSword on 2011-11-22:

I belong to a group in Yahoo and this is from that, granted this is using WalMart as an example, but you can insert any store name in there to suit your needs:
Under ADA law, you are not required, nor can anyone ask you to put on a demonstration of the tasks that your SD can perform, again, here is what a "gatekeeper" (greeter or manager) can ask:

1. Is this a Service Dog? If you answer yes, they are allowed only one more question:

2. What tasks does the service dog perform?============notice, it's doesn't say: "Show me what tasks he can perform."---that would be illegal to require, nor can you be asked anything about your disability--that is private/confidential information, so you do not have to answerin a way that reveals your disability........say for example---you have a spinal disorder and high blood pressure, you don't have to tell a walmart greeter all about your disorder or your high blood pressure, you can simply say that "he picks up things up for me" and "he provides medical alerts for me"---------the law doesn't require that you list all of the tasks he performs for you and they are only allowed ask "What tasks does the service dog perform."--nothing more. By answering: "He picks up things for me and he provides me with medical alerts." you have answered the gatekeepers questions and you can move on. If they stop you after that or insist upon you providing "proof" that he's a SD or that you must answer more questions, simply tell them that what they are now doing is in violation of federal law and if they further detain you or refuse you access you will call the police and have them explain the law to them and that you will then file a complaint and request for an investigation by the US DOJ which could result in monetary fines and financial damages/losses to their business.



If you do it, with a Clint Eastwood, Go ahead, Make my day, look and attitude, they'll shrivel up like the little worms that they are....they're greeters at a wal mart attempting to exert their "power" by depriving you of your rights...if they think the police, DOJ, their bosses are going to be involved and it may cost them $$$, they'll crawl back into their cave and wait for the next victim to pick on.

Posted by clutzycook on 2011-11-22:

Ooh, Crystal. I can't imagine anyone messes with you. Might I add, though, after you call the police, file a report and get a copy of the report to give to the DOJ or to just keep for your own records in the event it becomes a court case. Can't trust the feds to do that.

Posted by CowboyFan on 2011-11-23:

Since this is second hand, we do not know WHAT the manager was complaining/screaming about. The op makes it seem like it was over the dog, but it may have been about the wife herself and prior incidents, as evidenced by the store manager's comment about her.

The fact that someone has a service dog, does not mean that get into the store. An extreme example would be someone barred by the store for shoplifting. The fact they return with a service dog and are yelled at, does not mean a violation of the ADA unless the yelling is solely because of the dog. Service dog or not, stores can bar people they do not want in the store for other reasons. Not enough information in post to tell why the manager was yelling at the wife.

Posted by Starlord on 2011-11-27:

Cowboy, my wife and I have both worked in Loss Prevention and as police officers. Of course, they can refuse service to anyone, but they cannot do it based on illegal discrimination or because the people have a service animal. That is totally ludicrous. We carry the DOJ hotline, ADA desk 800 number for anyone that has questions about service animals. I once had a WalMart greeter tell me they only had to allow Seeing Eye Dogs for the Blind. I told them they needed to do some research, before they got their butts sued.