03/23/2019
A service animal is a dog or miniature horse that is individually trained to do work or perform tasks for a person with a disability. -ADA.gov
On March 12th 2019, I walked into Big Brain Omaha in the Omaha Old Market with my service dog, Daisy. We walked straight to the piercing jewelry wall by the door and began to rave about the cute jewelry. In a matter of about 2 minutes, I was talked to from the behind the counter: “We can’t have dogs in here.” Of course, hearing this very often, I immediately answered with: “She’s a service dog.”
‘They still can’t be in here’
“No, she just can’t go back there [in the tattoo and piercing area] unless I’m back there and she’s away from the action”
‘No, it’s policy’
“I know the law. And I am only in the lobby.’
‘They can’t be in the lobby either, it’s a health code violation’
“No it is not. The ADA law says she in allowed anywhere a regular customer is allowed. The law-“
‘It. Is. Store. Policy. It is a health code violation’
“It is not. The law—“ I began to trail off as my anxiety was raising. I do not do well with confrontation. I was starting to shake and my service dog, that started it all just by doing her job and keeping me alive, tapped my leg with her nose, letting me know my heart race was rising. After a little more brief back and forth of me stating the law and them repeating that I was not allowed, we left the building. I had to stand outside, sleeves rolled up in 20• weather as my body was reacting to a elevated heart rate.
This is unacceptable.
Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. - ADA.gov
I have contacted the ADA (Americans with Disabilities Act) helpline directly to definitively know my rights as a service dog owner and a tattoo shop. Here’s what I received as a response “Tattoo shops are NOT a sterile environment. Yes, they are kept very clean and they do use sterile instruments, but they are not a sterile environment as they try to push. By federal law, service dogs must be allowed in, especially in the lobby. But it is up to the handler and the piercer and/or tattoo artist to Work Together in choosing and figuring out how they want to work with the dog. Many people choose to keep their dogs away from others being tattooed just as common courtesy and an extra precaution. But they are not required by law to remove them fully from the area. An example being, if the handler is being tattooed, a friend could handle the dog and stand right outside the tattoo area. Or the dog can be put into a ‘down’ under a chair in the specific tattoo artist area so the entire team is contained. –
Many shops and stores forget that Federal Law trumps store policy.” The only time policy may be more important, is if admitting service animals would fundamentally alter the nature of a service or program. Tattoo and piercing shops are not a sterile environment so the presence of a service animal would not fundamentally alter the nature of service.
I wasn’t just denied service, I was forced to leave and not given the right to educate on the law.
I personally have 12 piercing and 7 tattoos so I am no stranger to a tattoo shop. In fact, 7 of my piercings and 2 of my tattoos have come from their sister location, Big Brain West. I have had more than lovely experiences at Big Brain West. During a 4 hour tattoo session (as my service dog laid next to my friend behind me), had a lovely conversation with my artist, helping educate her on the laws and she was just unaware of them all! She was very appreciative and helped educate the other employees! I even have another tattoo appointment on April 1st at the B*W location. Big Brain Omaha needs to be a lot more like their Big Brain West location.
I am very sure a huge issue at the original Big Brian location is, well, it’s location! Many, many, many people fake service dogs in the old market area. They throw a vest on their ill trained dogs, many times purchasing a bogus online “certificate” for their “ESA” which are NOT service animals under the ADA. (But that is a story for another time) an I have many friends in the service animal community that have had many access issues at more than half the shops inside the old market. Flirty the Miniature Service Horse being one of the most designated against (I’m sorry lovely ❤️). Big Brain is just trying to save their butts because of all the pets that is brought into their store, but they are doing it in the very wrong way. They need to be educated on the laws but also know their rights! Knowing the 2 questions a shop my ask: (1) is that a service dog? (2) what tasks or services does the dog provide. - and of course need to know the acceptable answers.
This discrimination needs to be stopped and rectified. I’d love to be able to not need a dog to keep me alive, but I sadly don’t get that luxury. Big Brain, I hope you come to your senses and rectify this issue!
Here is a link to the Americans with Disabilities Act Service Dog FAQs page for more insight on the federal laws, rights, and explanations of ESAs not being Service Animals!
https://www.ada.gov/regs2010/service_animal_qa.html
