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Outside Article Local business allegedly turns away service dog

Service dogs are furry friends with an important job: keeping their owners with disabilities safe.

Rebecca Steele told The Courier-Times that she went to Hardee's in New Castle and was allegedly refused service twice because she had her service dog, Romeo, with her.

The Americans with Disabilities Act (ADA) defines a service animal as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability.

According to Steele, she entered the New Castle Hardee's with Romeo and a worker alerted the manager.

Steele said Romeo is a fully licensed service dog, and he was wearing the proper equipment while she was in the business.

"I've had him in other restaurants around town and have never had issues. Taco Bell and McDonald's have welcomed us with open arms many times," she said.

The manager allegedly told Steele that her service dog was not allowed in the business due to "a new license" the restaurant had obtained. Steele said the manager then told her she could buy their food, but could not stay and eat it on the premises.

New Castle Hardee's told The Courier-Times they had no comment at this time.

Steele has never heard of this "new license" that bans service animals from restaurants.

Henry County Health Inspector Doug Mathis said he has never heard of this sort of license either. Mathis said the only rules the Health Department has against service animals is that they are not allowed in the food preparation area.

Indiana Disability and Health Project Coordinator Matt Norris said, "I have never heard of this license. They (the New Castle Hardee's) have been misinformed."

The ADA's website states, "Generally, businesses and nonprofits that are open to the public as well as state/local governments must allow service animals to go most places where the public can go. This is true even if they have a 'no pets' policy."

Businesses are only allowed to ask two questions about the service animals, as well. The two questions are:

Is the dog a service animal required because of a disability?

What work or task has the dog been trained to perform?

According to the ADA, businesses may only ask the owner and service animal to leave if the animal is out of control and the animal's handler does not take effective action to control it; or if the animal is not housebroken.

According to Indiana code 16-32-3-2, "A person who refuses access to a public accommodation; or charges a fee for access to a public accommodation; to a person who is totally or partially blind, who is deaf or hard of hearing, or who has a physical or mental disability, because that person is accompanied by a service animal commits a Class C infraction."

 

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