May 28, 2008 09:10 pm
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By Roger McKinney
rmckinney@joplinglobe.com
A disagreement Wednesday morning between a woman with multiple sclerosis who uses a service dog and workers at a Joplin business appears to highlight confusion about the role of service animals in society.
Daryl Felkins in January moved to Carl Junction from Lee’s Summit to help care for her father.
Felkins has multiple sclerosis and relies on a yellow Labrador retriever, Huey, as a service dog. She said Huey helps her with mobility and stability, and picks things up for her when she drops them. She said Huey was trained specifically to meet her requirements.
Felkins on Wednesday morning went with her father and Huey to Dude’s Daylight Donut Shop at 2316 Main St. in Joplin. She ordered $3 worth of coffee and doughnuts, then sat down with her father.
“I don’t think they saw the dog until we sat down,” Felkins said.
Allen Pendergraft, son of the shop owner, said that is correct. He said he told Felkins that dogs are not allowed in the shop.
“She got very defensive about it, as we did,” Pendergraft said. “She was cocked and ready to go.”
Felkins said a man in the back with a mustache, who she assumed to be the shop owner, told her that because she isn’t blind, she would have to prove her disability.
“He’s got a service-dog harness and an identification tag,” Felkins said of Huey. “It’s very obvious that he’s a service dog. I read the state statute to them. We are supposed to call the police if we’re ever refused access.”
Felkins said Huey has been in hospitals and every type of business.
“The conversation went on for about 10 minutes,” Felkins said. “I said I have to educate people.”
Pendergraft said it was a misunderstanding.
“She had not identified herself as being disabled,” he said. “I said, ‘We don’t allow dogs.’ It got a little heated. Dad doesn’t like anybody telling him what to do. But we know the law, and we conceded.”
Pendergraft said it would be helpful if people with disabilities would identify themselves.
Told of Pendergraft’s comment, Felkins said she doesn’t like that idea.
“Do I need to do that?” she said. “I’m a disabled person. I’d like two doughnuts, please.”
Felkins said what really irritated her was when a worker in the shop pointed to a sign that reads: “We reserve the right to refuse service to anyone.”
Pendergraft acknowledged that happened during the tense discussion.
“Disabled people and their service animals are certainly welcome,” he said.
Felkins said she previously had unpleasant experiences at a restaurant in Lee’s Summit and a convenience store in Carl Junction.
“This was my third experience, but this was my worst experience,” she said.
Felkins said she and her father proceeded to eat their doughnuts and drink their coffee.
“We didn’t eat until after the arguing was over,” she said.
Federal law
According to literature produced by the U.S. Justice Department, Civil Rights Division, businesses and organizations that serve the public must, under the Americans with Disabilities Act, allow people with disabilities to take service animals into all areas of the building where customers normally are allowed. The literature says the law applies to all businesses that are open to the public.
Some other points from the ADA:
n Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but they cannot require special identification cards for the animal or ask about the person’s disability.
n People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons or treated less favorably than other patrons.
n A person with a disability cannot be asked to remove a service dog from the premises unless the animal is out of control or the animal poses a direct threat to the health or safety of others.
n Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
Jeff Flowers, executive director of the Independent Living Center, a Joplin agency that advocates for people with disabilities, said many people mistakenly think service animals are used only by people who are blind or have impaired vision. He said others who use service dogs include those with multiple sclerosis, people who suffer from seizures and those with hearing impairment.
Flowers said one person associated with the center who uses a service animal for hearing problems wasn’t allowed to check into a hotel in Jefferson City with her dog for a conference. He said the woman was forced to use a hotel away from the conference location.
“The hotel much later apologized all over the place,” Flowers said, noting it was too late to be any help for the conference.
Wesley Jaeger, of Riverton, Kan., has an English mastiff, Tiny, as a service dog. Jaeger said Tiny assists him with mobility and carries things for him. He said many people who see him with the dog assume he is blind, but he is not.
“People have to get beyond that,” he said.
Jaeger said he hasn’t experienced problems with access anyplace.
“If I’m going someplace new, I call ahead and let them know I’m bringing my service dog,” he said.
Jaeger said the huge dog gets a lot of attention, which isn’t always good.
“The biggest problem is people coming up to pet him while he’s working,” he said.
State law
The Missouri law dealing with service animals is in Chapter 209, Section 150, Missouri Revised Statutes.
It reads in part: “Every person with a visual, aural or physical disability shall have the right to be accompanied by a guide dog, hearing dog or service dog, which is especially trained for the purpose” in all businesses, public vehicles and public places.
Copyright © 1999-2008 cnhi, inc.
Photos
Globe/Roger Nomer
Daryl Felkins gives her service dog, Huey, a little attention Wednesday at her home in Carl Junction. Huey, she said, was specially trained to assist her with her needs.