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Texas Health and Safety Code

Texas Legislators Add Protection Against Service Dog Discrimination in Food Establishments

May 28, 2013

Just prior to the close of the current General Session, Texas legislators passed an amendment to the Texas Health and Safety Code to bolster the rights of people with disabilities who use service dogs when visiting restaurants and other food establishments. This measure ensures that service dogs are permitted under the law in these businesses, limits how much staff people can ask about the disability, and streamlines recourse in the event of discrimination.

One good first approach in these situations is to calmly and nicely explain that the dog is needed because of a disability (details unnecessary), and that he or she is safe and well trained. Oftentimes, people don’t mean to be mean; they just don’t understand. Maybe they never encountered a service dog before. If they persist in being obstinate, however, then the dog owner can assert his or her rights under the law.

If Governor Perry signs this bill, when a service dog is denied entry into a place where food is served, all the dog owner has to do is call the police, who will then simply write the offending establishment a $300 ticket. Although the new law doesn’t necessarily prevent the person with the disability from taking additional action, it does allow for a little “instant justice” that can save time, work, and often expense involved when filing formal civil rights complaints and lawsuits, the only recourse prior to this bill.

While business owners are prohibited from digging too deeply into the private matters of a disability, the police will need some basic proof if called. Providers of service dogs say that it is a good idea to make sure you have your ID, proof of your disability, and a copy of your service animal prescription with you when traveling with your service dog.

Check out the video on this web page for more information.

The important thing to remember here is that this is not the law just yet. Our governor has not yet put his “Rick Perry” on the piece of legislation. Do you think he should? Either way, it’s a good idea to let him know where you stand. You can use this web site to send Governor Perry a message, or you can call his Information, Referral, and Opinion Line at (512) 463-1782.

 

Filed Under: Advocacy, Something to KNOW Tagged With: disability, service dog, service dogs, Texas Health and Safety Code

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