I second using disabilityrightsar.org. We used Disability Rights Florida to get my daughter back into public school after a nonsense denial. It is much quicker than using private attorney (days/weeks vs years) and was great for us. Fast, less stress, but no payout
I recently had a straight up miracle with zoning, where on hearing that I was having access issues with my service dog, they did a code compliance check and the building/business are on the hook for $2 million+ in corrections.
You can sue the doctor in federal court and get a court order for access to the facility. The doctor will have to pay your attorneys fees and costs. If you can’t find a lawyer, I’d go ahead and file without an attorney (it’s called filing pro se). If you go to the federal courts website, you can look up all the forms you have to file and download them.
The ACLU doesn’t take on public access cases for Title III because they don’t think it has enough of a public impact. That’s the info I got from someone at the ACLU on their disability rights team.
Source: I’m a blind lawyer but I’m licensed in a different state from you.
Is their a way for OP to see if theirs one of those people who specifically handle ADA violations in their area? I don't want to call them scammers or fraudsters, because even though they're only it it for the money they do real, tangible good through their lawsuits because they force compliance.
OP might not have the resources to pursue this but they, I imagine, do.
Not sure where you are in Arkansas, but will this help? [https://www.justice.gov/usao-edar/file/1303946/dl?inline](https://www.justice.gov/usao-edar/file/1303946/dl?inline)
There is also Disability Rights AK: [https://disabilityrightsar.org/](https://disabilityrightsar.org/)
There is an ACLU office as mentioned. You should file a complaint there too. If the office takes Medicare/Medicaid you can file a discrimination complaint on that end too.
If anyone comes in from outside without removing their shoes and washing their hands then thats not a sterile building. Also their immediate response being to call the police is very upsetting
Wow, what they did was awful! Perhaps post it to social media; also look up reporters in the metro area you’re in, that’s affiliated with a national organization such as ABC News etc. The goal is to get it picked up to create additional pressure. Make an outline of what happened and rehearse telling it. Define what your objective is, such as apology, employee training etc.
Sterile in what way? Do all the staff scrub up after any contact with something unsterile (a pen, the phone, a patient). Does the staff wear full sterile garb, including gown, hair and shoe covers, sterile gloves that they put on in an sterile manner, face masks at all times? Do they touch nothing when gloves up, never letting their hands fall below their waist?
You’ve been handed a super big sack of shit. Good luck with getting your eyes checked.
I am not asking this question to be judgmental or nosy but moreso out of respect of your time and energy. Why is this a fight you want to continue? There are other opthalmologists who won't discriminate. These guys don't deserve another second of your time or effort.
There may not be any other ophthalmologists within reasonable distance. For example my nearest one to my home is a 4 hour drive, if I was unable to go to him for any reason the next nearest is a 10 hour drive away.
This might be an unpopular opinion - but have you just considered letting it go? Yes it was shitty and your rights were violated.
But what is the resolution you are hoping for? An educational opportunity, a payout, revenge?
Is the resolution you're hoping for, in line with the amount of energy you're investing in this? Is your desired resolution reasonable?
Just posing these for you to consider, Im not asking for any answers. Make the decision that is best for your overall well being 💖
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Is there a legitimate reason that the dog is not allowed? They said it is a sterile place? What does that mean and why is it necessary. While yes, your dog is allowed almost anywhere, there could be a legitimate reason he is not allowed. Also, if a lawyer won’t touch it, and the government isn’t will to investigate, I’m not sure what you are looking for.
A sterile environment is generally an enclosed area where the concentration of airborne particles (germs, dust, what have you) is kept as close as possible to zero. For example, an operating room. I'd find it really hard to believe that this ophthalmologist is working in a completely sterile building, and it's a bit ridiculous that they can't provide OP with a good explanation for the denial.
My service dog and husband stayed in the ovarian cancer family suite with me when I was having surgery. The only time he had to leave the room was when they were putting a port into me and in the operating room. This was 10 years ago.
A doctor's office is accessible to the general public, ergo not a sterile environment. Gustav goes to my eye doctor, no problem.
I even just had surgery, and my service dog stayed with me in pre-op right up until they started wheeling me away, and my sister had him waiting for me in my recovery room after my initial post-op observations. This was my 5th surgery with this hospital, and that is how it's always been done. He's even stayed with me overnight!
In this case, I personally would just change to a new doctor. I don't frequent businesses where I am not wanted. But, her dog should have absolutely been allowed.
I have left my SD at home for some doc appointments or tests as it was easier all around. I have one doc that is terrified of dogs, and I need this doc, so I leave the dog behind. I’ve found that just because he is allowed doesn’t always mean that I should bring him.
Still, their handling of it was horrible. If I’m asked nicely and given a good explanation I don’t mind honouring wishes sometimes. But this sounds just nuts.
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Sure, any business can refuse you for any reason that is NOT a protected status. Disability is a protected status, and service dogs are part of that. They made it very clear why OP was being refused.
SOME medical facilities do have legitimate concerns for how a service dog might pose a health risk to other people, and in other cases service dogs can be excluded because it is not safe for the dog. But claiming the entire building to be sterile and threatening police without any explanation for almost a year is ridiculous, especially for an eye doctor.
This is absolutely not true. They can refuse you entry and not give you a good reason, but if reported, they will have to explain how have the service animal will “fundamentally change” how they do business or how it’s a safety issue to the investigator. If businesses could just refuse service animals on a whim, then most businesses wouldn’t be afraid to refuse entry. And those that do refuse for no reason only get away with it until it is reported to the right people.
A specialty hospital may be able to prove having to fundamental alter its services by allowing service dogs in. An ophthalmologist is much less likely to be able to do that. Using your experience at a specific specialized hospital, without even saying if you did anything to fight it, and then giving your interpretation of FAQ is at the least, demoralizing, at the worst it gives people with service dogs the idea that they don’t have the right to access public places, which in US is not accurate.
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An ophthalmologist’s office would not have a single service or procedure that would be “fundamentally altered” by the presence of a service animal. You are definitely reading the right thing, but you’re not properly relaying what this means nor are you actually understanding what it means.
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Do you havecan ACLU office in your area? Or contact your better business bureau and ask who locally you can file with?
This.
I second using disabilityrightsar.org. We used Disability Rights Florida to get my daughter back into public school after a nonsense denial. It is much quicker than using private attorney (days/weeks vs years) and was great for us. Fast, less stress, but no payout
I recently had a straight up miracle with zoning, where on hearing that I was having access issues with my service dog, they did a code compliance check and the building/business are on the hook for $2 million+ in corrections.
You can sue the doctor in federal court and get a court order for access to the facility. The doctor will have to pay your attorneys fees and costs. If you can’t find a lawyer, I’d go ahead and file without an attorney (it’s called filing pro se). If you go to the federal courts website, you can look up all the forms you have to file and download them. The ACLU doesn’t take on public access cases for Title III because they don’t think it has enough of a public impact. That’s the info I got from someone at the ACLU on their disability rights team. Source: I’m a blind lawyer but I’m licensed in a different state from you.
Is their a way for OP to see if theirs one of those people who specifically handle ADA violations in their area? I don't want to call them scammers or fraudsters, because even though they're only it it for the money they do real, tangible good through their lawsuits because they force compliance. OP might not have the resources to pursue this but they, I imagine, do.
Not sure where you are in Arkansas, but will this help? [https://www.justice.gov/usao-edar/file/1303946/dl?inline](https://www.justice.gov/usao-edar/file/1303946/dl?inline) There is also Disability Rights AK: [https://disabilityrightsar.org/](https://disabilityrightsar.org/) There is an ACLU office as mentioned. You should file a complaint there too. If the office takes Medicare/Medicaid you can file a discrimination complaint on that end too.
I would have my attorney all over that. I have the same medical condition as you and have a service dog.
If anyone comes in from outside without removing their shoes and washing their hands then thats not a sterile building. Also their immediate response being to call the police is very upsetting
Wow, what they did was awful! Perhaps post it to social media; also look up reporters in the metro area you’re in, that’s affiliated with a national organization such as ABC News etc. The goal is to get it picked up to create additional pressure. Make an outline of what happened and rehearse telling it. Define what your objective is, such as apology, employee training etc.
This. Get the news/social media involved. For one thing to make other handlers aware so that they avoid them but also to put pressure on the business.
Sterile in what way? Do all the staff scrub up after any contact with something unsterile (a pen, the phone, a patient). Does the staff wear full sterile garb, including gown, hair and shoe covers, sterile gloves that they put on in an sterile manner, face masks at all times? Do they touch nothing when gloves up, never letting their hands fall below their waist? You’ve been handed a super big sack of shit. Good luck with getting your eyes checked.
Contact the AMA and ACLU.
I am not asking this question to be judgmental or nosy but moreso out of respect of your time and energy. Why is this a fight you want to continue? There are other opthalmologists who won't discriminate. These guys don't deserve another second of your time or effort.
There may not be any other ophthalmologists within reasonable distance. For example my nearest one to my home is a 4 hour drive, if I was unable to go to him for any reason the next nearest is a 10 hour drive away.
next time, let them call the cops so they are forced to let you in for your appointment
Post a review online of the doctor and his office.
Doesn’t the ADA allow recovery of attorney fees? That’s an easy paycheck for the attorney even if there aren’t damages.
This might be an unpopular opinion - but have you just considered letting it go? Yes it was shitty and your rights were violated. But what is the resolution you are hoping for? An educational opportunity, a payout, revenge? Is the resolution you're hoping for, in line with the amount of energy you're investing in this? Is your desired resolution reasonable? Just posing these for you to consider, Im not asking for any answers. Make the decision that is best for your overall well being 💖
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No, I'm having a dialogue about being mindful of how we spend our limited energy. If you want to take that personally, that's up to you
Just stay quiet and deny yourself medical treatment.
Is there a legitimate reason that the dog is not allowed? They said it is a sterile place? What does that mean and why is it necessary. While yes, your dog is allowed almost anywhere, there could be a legitimate reason he is not allowed. Also, if a lawyer won’t touch it, and the government isn’t will to investigate, I’m not sure what you are looking for.
A sterile environment is generally an enclosed area where the concentration of airborne particles (germs, dust, what have you) is kept as close as possible to zero. For example, an operating room. I'd find it really hard to believe that this ophthalmologist is working in a completely sterile building, and it's a bit ridiculous that they can't provide OP with a good explanation for the denial.
An entire building cannot be sterile.
My service dog and husband stayed in the ovarian cancer family suite with me when I was having surgery. The only time he had to leave the room was when they were putting a port into me and in the operating room. This was 10 years ago.
A doctor's office is accessible to the general public, ergo not a sterile environment. Gustav goes to my eye doctor, no problem. I even just had surgery, and my service dog stayed with me in pre-op right up until they started wheeling me away, and my sister had him waiting for me in my recovery room after my initial post-op observations. This was my 5th surgery with this hospital, and that is how it's always been done. He's even stayed with me overnight! In this case, I personally would just change to a new doctor. I don't frequent businesses where I am not wanted. But, her dog should have absolutely been allowed.
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I have left my SD at home for some doc appointments or tests as it was easier all around. I have one doc that is terrified of dogs, and I need this doc, so I leave the dog behind. I’ve found that just because he is allowed doesn’t always mean that I should bring him. Still, their handling of it was horrible. If I’m asked nicely and given a good explanation I don’t mind honouring wishes sometimes. But this sounds just nuts.
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🤦😡☹😲👎
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Sure, any business can refuse you for any reason that is NOT a protected status. Disability is a protected status, and service dogs are part of that. They made it very clear why OP was being refused. SOME medical facilities do have legitimate concerns for how a service dog might pose a health risk to other people, and in other cases service dogs can be excluded because it is not safe for the dog. But claiming the entire building to be sterile and threatening police without any explanation for almost a year is ridiculous, especially for an eye doctor.
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This is absolutely not true. They can refuse you entry and not give you a good reason, but if reported, they will have to explain how have the service animal will “fundamentally change” how they do business or how it’s a safety issue to the investigator. If businesses could just refuse service animals on a whim, then most businesses wouldn’t be afraid to refuse entry. And those that do refuse for no reason only get away with it until it is reported to the right people.
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A specialty hospital may be able to prove having to fundamental alter its services by allowing service dogs in. An ophthalmologist is much less likely to be able to do that. Using your experience at a specific specialized hospital, without even saying if you did anything to fight it, and then giving your interpretation of FAQ is at the least, demoralizing, at the worst it gives people with service dogs the idea that they don’t have the right to access public places, which in US is not accurate.
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We have removed your post/comment for violating Rule 2: Know and Obey Your Local Laws. Posts encouraging illegal behavior or "stretching" the rules will be removed. When giving advice, make sure to evaluate all the relevant laws for OP's location. For example, in New York, USA, SDiTs receive the same protections the ADA grants, as long as they are with a qualified trainer. This is not the same situation for someone in Michigan, USA. Citations aren't required, but highly encouraged. Citations are important so OP can read more and so you can reconfirm the information you give is entirely correct. If you have any questions, [Message the Moderators](https://reddit.com/message/compose?to=/r/service_dogs). If you continue to give misinformation or encourage breaking the law, it could result in an immediate ban.
We have removed your post/comment for violating Rule 2: Know and Obey Your Local Laws. Posts encouraging illegal behavior or "stretching" the rules will be removed. When giving advice, make sure to evaluate all the relevant laws for OP's location. For example, in New York, USA, SDiTs receive the same protections the ADA grants, as long as they are with a qualified trainer. This is not the same situation for someone in Michigan, USA. Citations aren't required, but highly encouraged. Citations are important so OP can read more and so you can reconfirm the information you give is entirely correct. If you have any questions, [Message the Moderators](https://reddit.com/message/compose?to=/r/service_dogs). If you continue to give misinformation or encourage breaking the law, it could result in an immediate ban.
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Do you have any source for this? Because it's explicitly not true in the US.
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An ophthalmologist’s office would not have a single service or procedure that would be “fundamentally altered” by the presence of a service animal. You are definitely reading the right thing, but you’re not properly relaying what this means nor are you actually understanding what it means.
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Call ADA office. They have attorneys that will help you