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My Recent Comments
From Federal ADA regulations: "28 CFR Sec.36.102(e) Exemptions and exclusions. This part does not apply to ... any religious entity...."
Churches, and some other places, are exempt from the requirements of the ADA. Again, a legitimate program would know this and would educate their clients accordingly. It costs money to file lawsuits in federal court even if you don't hire an attorney (which you should, because they would tell you this kind of filing against a church under the ADA has no chance in court). Proceeding with a case like this in federal court would cost the person with the service dog thousands of dollars with no chance of winning because they are flat out in the wrong. On top of that, federal courts are ALSO exempt, meaning the judge would not have to permit the person to bring their service dog with them to court.
There are a number of places where a service dog can legally be denied entrance:
http://servicedogcentral.org/content/faq/63Jun 4, 2013
I did not say they weren't permitted in churches or Native American Council chambers, I said those places, and some others, are exempt from the ADA.
A church can decide to permit service animals if it wants to, but it is not required to by the ADA.
This particular program did not teach this client about his actual rights the ADA or he would not be making a stink in the press about rights he doesn't have. Apparently they believe that "bonding showers" with the dog are not only a substitute for training, but for knowing the regulations that govern them as well.May 30, 2013
The ADA doesn't give the person with a service dog access rights to everywhere--there are exceptions. One such exception is churches. That exception comes from the First Amendment, the separation of church and state. Other exceptions include: any area to which the public are not regularly admitted or area where special clothing is required, such as a food preparation area or sterile area, a private club, Native American Tribal Councils, anywhere the presence of the animal would constitute a fundamental alteration or undue burden, or anywhere the animal might be a direct threat to the health and safety of others.
His program should have taught him about these exceptions and how to approach churches to ask for access.May 29, 2013