Ranch Farmer's Market

On Aug 19, 2014; at
6:25 pm, a man and his girlfriend with a large German Shepard dog, unleashed walked into my store. I politely asked him "Excuss me, is that a service dog?" He looked at me and responded angerly, "It is against the law to ask me if this dog is a service dog." I responded " By the ADA rules, I have a right as a store owner to ask him if his animal was a service dog." He refused to answer and told me again that my question was against to ask, and refused to show any documentation supporting his claim. I asked to "please leave my store." He told me he was going to call the police on me. He went outside and began to use his smartphone, A regular costomer of mine then came into the store to buy tortillias, the man then came back into the store and aggresively began trying to show me the screen of his smartphone. At the same time I was trying to help my costomer check out, he began engaging her, and telling her "This man is breaking the law, he doen't respect the disabled, are you still going to buy from him?" She answered "this is between you and him, I have nothing to do with it." I then asked him to "please leave my store right now, you are upseting my coustemer, and I need you to leave or I will have to call the police." He went back outside but did not leave the property, continuing to yell though the door about regulations. At this time I called the police, as we was standing in the flow of traffic and causing a disturbance. The police told me that once he was outside the store propper, they could not remove him from the parkinglot, and to call the health department asking about proper regulations. He continued to yell though the door in an attempt to lure me out from behind the register, while aiming his camera in my direction. He then threatened to post my image in the Alpine Sun, damaging my reputation. After a few minutes he left the property.A week ago I recived an automated call from the Revdex.com, telling me that I had a complainnt placed against me, and I returned the call the next day and was informed as to the extent of the situation.Two days ago, several of my patrons, they told me that inflamitory posts were being made on my stores facebook page. I checked the facebook and he had posted the following libal:"[redacted] 08/27/2014 Beyond rude.These clowns wouldn't allow my service dog in their store. We go out of our way to support small, local businesses, but now we'll take our business to [redacted].American's With Disabilities Discrimination in Alpine, CA "Ranch Farmer's Market", the expensive grocery store that shares a parking lot with the [redacted] on [redacted], refused service today to a customer with a service dog.I was that customer.Upon entering the business, as we have many times before, [redacted] the owner, asked us "Is that a service dog?"We, my girlfriend and I, both said "Yes."He then asked "For what? Why do you have him?"Before I could respond, my girlfriend answered with "It's against the law to ask that. Medical privacy laws prevent it, and so does the ADA."[redacted] the owner then demanded that I show him paperwork for my dog. I explained that is also against the law to require paperwork or ID for a service animal.He then said my dog was not allowed in the store.I had groceries to purchase, and I try to support local, small businesses, that's why we were there. I was not going to put my service dog, wearing his vest, back into a hot car to wait in the parking lot, nor should I have to.I explained to him that he cannot require that I produce documents for my dog and I then also explained that discriminating against us by refusing service based on the presence of my service dog is illegal.The owner of Ranch Farmer's Market then said that because they sell food, he [my dog] can't come in and I have to leave.I then pulled up the Americans With Disabilities Act, Revised ADA Requirements web page located at www. ada. gov, the government website that is the ultimate federal authority on ADA guidelines and requirements. I keep this page bookmarked on my phone for the rare occasions when we are discriminated against and the person acting inappropriately cannot be reasoned with or refuses to be educated as to the law.I attempted to show [redacted] the owner, the website, and he said "I don't care. Do me a favor and get out. I don't want to have him in here, we sell produce and food."I read to him aloud the following sentence"Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises."He then, again, demanded that I provide some paperwork for my service dog. I reminded him that was still against the lawHe then said "Then anyone can bring in a dog in here. How do I know if they are [a] service animal?"Firstly, I should mention that "Zeus" is a German Shepherd. He is also very well-behaved, follows me around at my heals, unleashed, and sits when I stop to browse something. He responds to commands in three languages, and hand signals. Add to this the vest he wears, and there should be little confusion over whether or not he is a working dog.I replied "That's not for you to police. That's not up to you to determine. What if a disabled person doesn't have paperwork? What if they leave it at home? Lose it? That's why the law says you can't demand it."I then read him another line from the Revised ADA guidelines, last revised September 15, 2010:"Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task."[redacted] refused to look at the page I was trying to show him. [redacted] again told me that he doesn't care, that the "dog must get out. Do me a favor and leave, or I will call the police on you."When I informed another patron, who looked confused as to why the guy behind the cash register was yelling at me, that the owner of the store was violating the ADA, he again yelled at us to "leave the property or I will call the police and have you arrested."I understand that not everyone may be as versed on the law as we are. Just last month I had a similar encounter with someone who was extremely rude and hostile when I showed up at the [redacted]" for my appointment to get our other dog neutered. This was a business that deals with dogs and cats, and they were just as ignorant and opposed to being educated on the law. Much like [redacted] the person running the show that day at the Neuter Scooter refused to believe they were wrong, and refused to look at the ADA guidelines I carried a copy of.About three months ago, [redacted] settled out of court with me for a similar incident that occurred here in Alpine at the [redacted] adjacent to [redacted].Understanding that not everyone may realize the requirements, I am always willing to patiently explain it to someone, and to show them where they can obtain more information. Businesses, however, should know the law and the regulations under which they operate a business open to the public. Baring such, they should at least be willing to learn the law, if I'm willing to be patient enough to take the time to explain to them how they are violating it.Instead, [redacted] the owner of Ranch Farmer's Market kicked us out, and then threatened to have us arrested. We were the business patrons, there to spend money and support a local business, he was the one breaking the law."The woman he was with also posted:[redacted]August 27 at 5:52pmYou owe your customer an apology regarding him bringing his service dog in your store !! That's how you lose customers this is a small town it's about customer service not about bullying the people who are spending their money in your store !!!"I would like for him to publicly apologize. And I would appreciate it if he did not return to my store. Despite his clame that he "supports local buisness, I have never seen him here before, and would like to continue to keep it that way. I have never had this problem before, and would have been more than happy to assist him in lue of his dog entering the store. This is a family buisness and I would like to put this ugly incedent behind u

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
The business owner, [redacted] is not telling the truth. Furthermore accusing me of libel is yet another tort offense. I have most of the exchange video-taped, and the video evidence contradicts the statements made by the owner of the store in his reply. Both I, and the woman accompanying me, informed [redacted] the store owner, that my dog was a service dog, several times. [redacted] was not satisfied with this response and demanded to see an ID card and paperwork to prove it was a service dog.
We both explained that he is not allowed to require such documentation and was engaging in discriminatory behavior. He then said that without that documentation my dog had to leave and then said "because anyone can claim their dog is a service dog. I have a Chihuahua and I can say he is a service dog"
I then several times tried to show him the law that states he cannot ask for further documentation. SEVERAL attempts were made to show him those laws on the phone, and he said "I DON'T CARE" and on another attempt he said "I DON'T CARE! The health department says your dog can't come here. I will not lose my business because of the health department with your dog here."
I attempted to show him the portion of the ADA Guidelines that state specific guidelines for food establishments and restaurants, and he refused to look at those guidelines, so I read them aloud to him. He again said "I don't care! If you do not leave I will call the police and have you arrested."
We then stood outside the store and he again threatened to have us arrested. The exchange was audio-taped from nearly the beginning by the camera I was holding, and other portions were filmed by the camera held by the woman accompanying me.
She also informed [redacted] the store owner that he was not allowed to require documentation and she also informed him that the dog is a service dog. She is also prepared to write a sworn affidavit testifying to the discrimination we experienced.
[redacted] is lying. Since we have now been accused of libel, we will be elevating this incident. We have now filed a complaint with the Department of Justice, and will be looking into filing a Federal lawsuit.
Regards,
[redacted]

Review: Upon entering the business, [redacted] the owner, asked us "Is that a service dog?"We, my girlfriend and I, both said "Yes."He asked "For what? Why do you have him?"Before I responded, my girlfriend said "It's against the law to ask that. Medical privacy laws prevent it, and so does the ADA."[redacted] then demanded I show him paperwork for my dog. I explained that is also against the law to require paperwork for a service animal.He then said my dog was not allowed in the store.I had groceries to purchase, and I try to support local, small businesses, that's why we were there. I was not going to put my service dog, wearing his vest, back into a hot car to wait in the parking lot, nor should I have to.I explained to him that he cannot require that I produce documents for my dog and I then also explained that discriminating against us by refusing service based on the presence of my service dog is illegal.The owner then said that because they sell food, he [my dog] can't come in and I have to leave.I then pulled up the ADA web page, bookmarked on my phone.I attempted to show the owner and he said "I don't care. Do me a favor and get out. I don't want to have him in here, we sell produce and food."I read to him aloud the following sentence:"Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises."He then, again, demanded that I provide some paperwork for my service dog. I reminded him that was still against the law.He then said "Then anyone can bring in a dog in here. How do I know if they are [a] service animal?"I then read him another line from the Revised ADA guidelines, last revised September 15, 2010:"Staff cannot ask about the persons disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task." He told us to leave or he'd have us arrested.Desired Settlement: The business needs to apologize and to obtain education and demonstrate adequate working knowledge of the policies and laws that they as a business are required to know.We are also pursuing this matter with federal authorities

Business

Response:

On Aug 19, 2014; at 6:25 pm, a man and his girlfriend with a large German Shepard dog, unleashed walked into my store. I politely asked him "Excuss me, is that a service dog?" He looked at me and responded angerly, "It is against the law to ask me if this dog is a service dog." I responded " By the ADA rules, I have a right as a store owner to ask him if his animal was a service dog." He refused to answer and told me again that my question was against to ask, and refused to show any documentation supporting his claim. I asked to "please leave my store." He told me he was going to call the police on me. He went outside and began to use his smartphone, A regular costomer of mine then came into the store to buy tortillias, the man then came back into the store and aggresively began trying to show me the screen of his smartphone. At the same time I was trying to help my costomer check out, he began engaging her, and telling her "This man is breaking the law, he doen't respect the disabled, are you still going to buy from him?" She answered "this is between you and him, I have nothing to do with it." I then asked him to "please leave my store right now, you are upseting my coustemer, and I need you to leave or I will have to call the police." He went back outside but did not leave the property, continuing to yell though the door about regulations. At this time I called the police, as we was standing in the flow of traffic and causing a disturbance. The police told me that once he was outside the store propper, they could not remove him from the parkinglot, and to call the health department asking about proper regulations. He continued to yell though the door in an attempt to lure me out from behind the register, while aiming his camera in my direction. He then threatened to post my image in the Alpine Sun, damaging my reputation. After a few minutes he left the property.A week ago I recived an automated call from the Revdex.com, telling me that I had a complainnt placed against me, and I returned the call the next day and was informed as to the extent of the situation.Two days ago, several of my patrons, they told me that inflamitory posts were being made on my stores facebook page. I checked the facebook and he had posted the following libal:"[redacted] 08/27/2014 Beyond rude.These clowns wouldn't allow my service dog in their store. We go out of our way to support small, local businesses, but now we'll take our business to [redacted].American's With Disabilities Discrimination in Alpine, CA "Ranch Farmer's Market", the expensive grocery store that shares a parking lot with the [redacted] on [redacted], refused service today to a customer with a service dog.I was that customer.Upon entering the business, as we have many times before, [redacted] the owner, asked us "Is that a service dog?"We, my girlfriend and I, both said "Yes."He then asked "For what? Why do you have him?"Before I could respond, my girlfriend answered with "It's against the law to ask that. Medical privacy laws prevent it, and so does the ADA."[redacted] the owner then demanded that I show him paperwork for my dog. I explained that is also against the law to require paperwork or ID for a service animal.He then said my dog was not allowed in the store.I had groceries to purchase, and I try to support local, small businesses, that's why we were there. I was not going to put my service dog, wearing his vest, back into a hot car to wait in the parking lot, nor should I have to.I explained to him that he cannot require that I produce documents for my dog and I then also explained that discriminating against us by refusing service based on the presence of my service dog is illegal.The owner of Ranch Farmer's Market then said that because they sell food, he [my dog] can't come in and I have to leave.I then pulled up the Americans With Disabilities Act, Revised ADA Requirements web page located at www. ada. gov, the government website that is the ultimate federal authority on ADA guidelines and requirements. I keep this page bookmarked on my phone for the rare occasions when we are discriminated against and the person acting inappropriately cannot be reasoned with or refuses to be educated as to the law.I attempted to show [redacted] the owner, the website, and he said "I don't care. Do me a favor and get out. I don't want to have him in here, we sell produce and food."I read to him aloud the following sentence"Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises."He then, again, demanded that I provide some paperwork for my service dog. I reminded him that was still against the lawHe then said "Then anyone can bring in a dog in here. How do I know if they are [a] service animal?"Firstly, I should mention that "Zeus" is a German Shepherd. He is also very well-behaved, follows me around at my heals, unleashed, and sits when I stop to browse something. He responds to commands in three languages, and hand signals. Add to this the vest he wears, and there should be little confusion over whether or not he is a working dog.I replied "That's not for you to police. That's not up to you to determine. What if a disabled person doesn't have paperwork? What if they leave it at home? Lose it? That's why the law says you can't demand it."I then read him another line from the Revised ADA guidelines, last revised September 15, 2010:"Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task."[redacted] refused to look at the page I was trying to show him. [redacted] again told me that he doesn't care, that the "dog must get out. Do me a favor and leave, or I will call the police on you."When I informed another patron, who looked confused as to why the guy behind the cash register was yelling at me, that the owner of the store was violating the ADA, he again yelled at us to "leave the property or I will call the police and have you arrested."I understand that not everyone may be as versed on the law as we are. Just last month I had a similar encounter with someone who was extremely rude and hostile when I showed up at the [redacted]" for my appointment to get our other dog neutered. This was a business that deals with dogs and cats, and they were just as ignorant and opposed to being educated on the law. Much like [redacted] the person running the show that day at the Neuter Scooter refused to believe they were wrong, and refused to look at the ADA guidelines I carried a copy of.About three months ago, [redacted] settled out of court with me for a similar incident that occurred here in Alpine at the [redacted] adjacent to [redacted].Understanding that not everyone may realize the requirements, I am always willing to patiently explain it to someone, and to show them where they can obtain more information. Businesses, however, should know the law and the regulations under which they operate a business open to the public. Baring such, they should at least be willing to learn the law, if I'm willing to be patient enough to take the time to explain to them how they are violating it.Instead, [redacted] the owner of Ranch Farmer's Market kicked us out, and then threatened to have us arrested. We were the business patrons, there to spend money and support a local business, he was the one breaking the law."The woman he was with also posted:[redacted]August 27 at 5:52pmYou owe your customer an apology regarding him bringing his service dog in your store !! That's how you lose customers this is a small town it's about customer service not about bullying the people who are spending their money in your store !!!"I would like for him to publicly apologize. And I would appreciate it if he did not return to my store. Despite his clame that he "supports local buisness, I have never seen him here before, and would like to continue to keep it that way. I have never had this problem before, and would have been more than happy to assist him in lue of his dog entering the store. This is a family buisness and I would like to put this ugly incedent behind u

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

The business owner, [redacted] is not telling the truth. Furthermore accusing me of libel is yet another tort offense. I have most of the exchange video-taped, and the video evidence contradicts the statements made by the owner of the store in his reply. Both I, and the woman accompanying me, informed [redacted] the store owner, that my dog was a service dog, several times. [redacted] was not satisfied with this response and demanded to see an ID card and paperwork to prove it was a service dog.

We both explained that he is not allowed to require such documentation and was engaging in discriminatory behavior. He then said that without that documentation my dog had to leave and then said "because anyone can claim their dog is a service dog. I have a Chihuahua and I can say he is a service dog"

I then several times tried to show him the law that states he cannot ask for further documentation. SEVERAL attempts were made to show him those laws on the phone, and he said "I DON'T CARE" and on another attempt he said "I DON'T CARE! The health department says your dog can't come here. I will not lose my business because of the health department with your dog here."

I attempted to show him the portion of the ADA Guidelines that state specific guidelines for food establishments and restaurants, and he refused to look at those guidelines, so I read them aloud to him. He again said "I don't care! If you do not leave I will call the police and have you arrested."

We then stood outside the store and he again threatened to have us arrested. The exchange was audio-taped from nearly the beginning by the camera I was holding, and other portions were filmed by the camera held by the woman accompanying me.

She also informed [redacted] the store owner that he was not allowed to require documentation and she also informed him that the dog is a service dog. She is also prepared to write a sworn affidavit testifying to the discrimination we experienced.

[redacted] is lying. Since we have now been accused of libel, we will be elevating this incident. We have now filed a complaint with the Department of Justice, and will be looking into filing a Federal lawsuit.

Regards,

Business

Response:

In reponse to your most resent corrospondance, I would like to say that when I asked Mr. [redacted]f his dog was a service dog, I was acting fully in my rights and

in complete compliance with the ADA requirements under the article "Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals." Mr. [redacted]

never provided a satifactory answer and told me that my question was against the law. I knew I was acting fully in my rights when I asked, so when he continued his

accusations without answering, I asked him to leave the store. I never asked for any form of documentation for the dog. I have reviewed my instore footage, and have

explaind all these events truefully. I would like to retrace and apologize for any and all statements that I have made that Mr. [redacted] constude as "accusations of Libel".

I have no desire to escalate this situation and would like a peaceful resolution. Mr. [redacted]s more than welcome in my store, as are all persons with service animals.