I really am going to go off topic with this post. However, if you work in, or run and equestrian business, or any other kind of business for that matter, especially one where you offer goods and services to the public, or invite the public onto your property for any reason, then read on, this post applies to you.Do you know the law when it comes to Guide Dogs and Other Assistance Dogs? If you are just Mr, Mrs, or Miss Average, then I suspect not. However, if you run a business that offers goods and services to the public in any way, why not? You should, and the law applies to the equestrian industry as much as any other.
I m writing this post because, as a Guide Dog Owner, I regularly fall victim to access refusals, and less favourable treatment because of my Guide Dog, and believe me, after 23 years of Guide Dog Ownership, and a lifetime of living with sight loss, it’s beginning to wear a bit thin! Now, I’ll be perfectly honest with you, I predominantly experience access refusals in pubs, cafes, restaurants, and hotels and guest houses. However, I have had problems with taxis, and, in the equestrian world, tack shops.. I personally have never had a problem with a Riding School or Livery Yard, but I do know people who have. OK, I was once asked to keep my then Guide Dog tied up when at the yard where I kept my horse at the time, but in fairness, he had just pushed the elderly resident Staffy into the pond, so it was a reasonable enough request really!
So what is the law, and what are everyones obligations under it?
Firstly, let’s make it clear from the outset, the law is not about the dog, the law is about treating people who have disabilities and long term health problems fairly, and not discriminating against them because of their disability or condition.
Originally these protections were enshrined in law as part of the 1995 Disability Discrimination Act (DDA), and were then incorporated into the Equalities Act 2010 (EA). That means that these laws have been on the Statute Book for 24 years. Why then do so many business owners, Taxi Drivers, Service Providers, claim that they are ignorant of the law? Surely this is just one of many laws and regulations that you must be aware of in order to run any business or service legally? It honestly rocks my world when, having been denied access, or offered a less than favourable service because I have my Guide Dog with me, the reason/excuse given is so often “I’m sorry, I didn’t know”. It makes me wonder what other laws and regulations they don’t know about.
The EA provides that it is illegal for service providers to treat people with disabilities less favourably because of their disability, or because they have a Guide or other Assistance Dog with them. Service providers are required to make reasonable adjustment to accommodate the needs of people with disabilities, and thisincludes allowing all Guide Dogs and Assistance Dogs into all public places with their owners. In practical terms this means that, even if you would normally have a blanket ban on dogs in your premises, if you are open to the public, you cannot stop a person with a Guide Dog, or other Assistance Dog coming in . It also means that Guide Dogs and other Assistance Dogs cannot be restricted to any existing zone that is reserved for pet dogs.
This is not an entirely one way thing though. Far from it. Guide and Assistance Dog Owners have obligations under the EA too. Accredited Guide Dog and Assistance Dogs are highly trained, and we owners have had specialised training the safe and effective handling of our dogs. The dogs behaviour is a fundamental part of this training. Guide and Assistance Dogs are trained to lie quietly under tables, sit, stand or lie quietly next to their owner in queues or at counters, sit quietly in footwells of vehicles, sit quietly under seats or in footwells on trains, trams and buses, and should not scavenge or beg for food. We are trained to groom our dogs, they have regular flea, tic, and worm treatments, are fully inoculated, are spayed or castrated, and regularly, every 6 months in the case of Guide Dogs, have full vet checks.. We are expected to keep our dogs under control at all times when they are on duty. If you, as the business owner or service provider , or even as a member of the public, do not think that a Guide or Assistance Dog is being correctly handled you are fully within your rights to point this out to the owner in the first instance, and report the problem to Guide Dogs, or whichever Assistance Dog organisation the dog comes under.
So how can you be sure the dog is what the owner is claiming it to be?
This is a very valid question. Sadly there are some sad, strange, misguided individuals out there who seem to think that Guide and Assistance Dogs are merely privileged pets. They are not! It’s sad but true, but some people seem to think it’s OK to claim they have a Guide Dog or Assistance Dog when they don’t. It’s more of a problem inthe USA, but Fake Service/Assistance Dogs are a genuine problem, and it just makes life so much more difficult for those of us who are legitimately just trying to live our lives with the help of our chosen mobility/safety aid. You see, that’s what a genuine Guide Dog or other Assistance Dog actually is. Yes, they are lovely, but, regardless of the fur and wagging tails, they are not pets, they are mobility aids and safety equipment. Yes, they are sooo much more than that. Ultimately though, for those of us who have them, our safety, independance, mobility, even life, rests in their paws, eyes, and noses. There is no t technology yet invented that can do what a well trained dog can do anywhre near as reliably. Quite simply they are the best tool for the job!
In the UK there is an organisation called Assistance Dogs UK (ADUK) which oversees the training, professional standards, animal welfare standards and legality of organisations which provide dogs to guide or in any other way support people living with disabilities and long term health conditions. ADUK are themselves governed by 2 international bodiesAssistance Dogs International (ADI) and the International Guide Dogs Federation (IGDF). In order to. Be a member of ADUK an organisation has to be accredited to either ADI or IGDF, and it is the organisation, which has to meet verry rigorous standards which apply to every aspect of how that organisation works, from dog training and welfare client support to the supporting infrastructure.
Every client of an ADUK accredited organisation is given an anADUK ID book which gives details of the dog, owner, organisation, and other relevent information. The law applies to ADUK accredited dog/owner partnerships only. So if in doubt ask to see the dogs ID. That said, Guide and Assistance Dogs invariably wear some kind of uniform, either a harness or jacket which clearly indicates what their job is.
Now, I feel it’s important for me to point out here that, in the case of Guide Dogs at least, the law only applies to working Guide Dogs. The law doesn’t actually aplly to pups at walk, breeding stock, retired Guide Dogs, or working Guide Dogs who aren’t actually with their owner. So, if I’m poorly, and my husband offers to take th dog for a walk, he can’t just pop into the shop on his way home, and take the dog in with him. Neither can my elderly retired dog automatically go everywhere he used to e able to when he was working. Sadly some Guide Dog owners have a real problem getting their heads around this fact, and again, just like people who claim their pets are Assistance Dogs, it confuses matters and makes things for the rest of us, who just want to be able to get on with living our life, so much more difficult.
So, how should you behave towards a Guide Dog Owner, or somebody with another kind of Assistance Dog? Quite simply, in exactly the same way you would behave towards them if they didn’t have their dog with them.
Behave as if the dog is not there. Remeber this dog is not a pet, it is there to help it’s owner to live their life safely. Yes, we know they are beautiful and clever, but, if I’m in your premises, I’m probably there to do something like shop, eat, have a meeting…the list goes on… Really I’m there for exactly the same reasons as anyone else might be. I’m not there to balster your ego, inspire you, entertain you, and I’m definately not there to educate you about your legal obligations towrds me. All of us who have nay kind of Assistance Dog are very aware that we only have them because of the kindness and generosity of those members of the public who support the various Assistance Dog charities. We really are very greatful, but we have lives that , whilst our dogs are vital to our being able to live them, are about. So much more than our dogs or our disability. If I’m trying to have lunch, or I need to be fitted for a correctly fitting riding hat, the dog should not be your first concern.
Remember, as clever and well trained as they are, Guide and Assistance Dogs are just that – dogs! They are amazing, but they are not little machines, and they are not little humans in fur coats. They can be distracted by, and frightened by, the exact same things that every other dog can bedistracted and frightened by. They cannot read, understand complex instructions or tell the time. They are not particularly good at judging the speed of cars, bicycles, or even other pedestrians, and they feel pain, discomfort, heat and cold, get hungry, thirsty, and need to wee and poo just like every other dog. They can get ill, injured, and stressed, and when this happens it has a direct and negative effect on that dogs owners ability to live their life to the full.
Recently I was the victim of an access refusal because I had my Guide Dog Quincey with me. It was unusual, because I personally have never come across a situation quite like this before. We fell victim to the Dog Zone.
Many pub landlords, restauranteurs, and cafe owners are becoming wise to the fact that having a blanket ban on dogs in their premises may be detrimental to their takings. Dog people like to take their dogs everywhere with them, especially since , and I don’t mean offence by using the following term, handbag dogs became such a fashion statement, or in areas where family holidays often mean the whole family, 4 legged as well as 2 legged. Many establishments have got round this by having a specific area where dogs are allowed, whilst leaving the rest of the premises free for those clients who are dog free. It sounds like a really good idea, and in principle it is, but there can be problems, especially if the presence of a specific dog zone in a premises is used as a smoke screen for breaking the EA. This is exactly what happened to me last week.
Under the terms of the EA reasonable adjustment must be made to accommodate the needs of people with disabilities, and, as I wrote above, this means that if a person is accompanied by their Guide Dog, or other Assistance Dog, tat dog, they must be allowed into any area that the public would normally be allowed into, regardless of whether dogs are allowed there or not. If you do not allow somebody with a Guide Dog or other Assistance Dog into your premises because of the dog, or insist that they use the dog only zone, you are treating them less favourably because of their disability.
THEY ONLY HAVE THEIR DOG BECAUSE OF THEIR DISABILITY
The dog is not a pet. The dog is not a fashion accessory.
The dog is a vital piece of mobility, orientation, health or safety equipment, without which that individual cannot safely live their life.
If you refuse access to a person because of their Guide Dog, or other Assistance Dog, or you insist that they stick to the dog only zone, you are treating them less favourably because of their disability. If you are treating somebody less favourably because of their disability you are discriminating against them. If you are discriminating against them because they have a disability you are breaking the law.
It’s not rocket science.
As I said at the top of this post. I rarely actually have a problem in the equestrian world where this is concerned. However, it does happen in every business and it shouldn’t.
Please make sure that you and your staff know the law.