ADA Access Blog

By MELISSA McEVER/Valley Morning Star

Nora Ramirez says she can't imagine life without her guide dog, Phantom.

The 2-year-old, black Labrador retriever, known affectionately as "Phany," protectively walks a few steps ahead of Ramirez wherever she goes. He helps her negotiate steep curbs. He knows when it's safe for her to cross the street. He knows where "home" is, and escorts Ramirez there without missing a beat.

"It's not the same as a pet - I'm trusting this dog with my life," said Ramirez, who has been legally blind since age 15. "And I trust him so much."

Ramirez, a Harlingen resident, relies on Phany to guide her when she runs errands, goes out to eat or visits the grocery store. Problem is, not all businesses seem to understand that the dog is a service animal and not a pet, she said.

On a few occasions, business owners have tried to turn away Ramirez and Phany, although they've never been escorted off the premises, Ramirez said.

"It's just a matter of educating them about my rights," she said. "Most people and businesses know about guide dogs. But those that don't know, really don't know."

Under the federal Americans with Disabilities Act, all privately owned businesses, as well as public buildings, must grant access to people with disabilities who have trained service animals. A "service animal" is a guide dog or any other type of animal that is particularly trained to assist someone with a disability, says the U.S. Department of Justice.

Seeing-eye dogs are the most common type of service animal, but there are many other types of animal guides, said Dennis Driggers, an attorney for the South Texas Region of Advocacy, Inc., an organization that offers legal services to people with disabilities.

Each year, Driggers sees a few cases of people with service animals who are denied admission to businesses.

"What we find is a lot of people know that seeing-eye dogs are allowed in businesses, but they don't know that other service animals are allowed as well," Driggers said. "There are animals who assist a person who is deaf, or animals who help detect seizures. Any animal that meets the definition of ‘service animal' is permitted in a public area."

Most city, county and state employees seem to be aware of ADA regulations, Driggers said. It's the smaller, "mom and pop" businesses that might not know the law, he said.

"I think business owners need to be made aware of what federal law requires," he said.

Food-service businesses are often the most skittish about letting in animals, because usually animals are illegal in restaurants and grocery stores, Driggers said.

Ramirez said a local grocery-store manager was reluctant to let her in the first time she went there, although once she told the manager about the law, she was allowed in. A couple of restaurants also were worried about the dog's presence, she said.

At H-E-B stores, employees are told they aren't allowed to turn away people with guide dogs, said Carlos Contreras, public-affairs manager for H-E-B in the border region.

City and county officials say they also comply with federal law and would not turn away service animals.

"We know what the policy is, and we certainly wouldn't deny anyone access," said Gabriel Gonzalez, Harlingen assistant city manager.

However, the issue rarely comes up in the Valley, local officials say.

"I haven't seen many assistance animals here ... so I think it's possible some people might not be aware," said Shannon Harvill, Harlingen senior animal-control officer.

Ramirez said she carries a card with her that lists her rights under the Americans With Disabilities Act, and tries to explain that Phany is not a pet.

"Sometimes, people have said that I don't look like I'm blind, and that's why they think he's a pet," Ramirez said with a laugh.

Maybe that's because Phany does his job so well, she said.

"He makes my life easier," Ramirez said.

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