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Grower’s Market Raises ADA Questions

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CENTRAL POINT, Ore. – On Saturday, NewsWatch 12 brought you coverage of an incident recorded at the Grants Pass Growers Market involving market officials and a woman with her ADA service dog.

The Americans With Disabilities Act allows for those with disabilities to use assistance dogs in their daily life. Guide dogs, hearing dogs and service dogs are all assistance dogs, but assist with different disabilities. Dogs For The Deaf in Central Point trains hearing dogs and service dogs to assist with autism. All assistance dogs are allowed to go anywhere the public is normally allowed to, such as restaurants, hotels and movie theaters.

Businesses may ask a person if the dog is an assistance dog and no paperwork is required to be shown by the person with a disability. The dog must be either leashed, harnessed, tethered or otherwise under control of the master. Training manager for Dogs For The Deaf, John Drach, said it’s important to realize not all disabilities are obvious at first.

Oregon law only requires hearing dogs to wear a bright orange vest. Assistance dogs may be excluded from a business for limited reasons that include if the dogs is not housebroken or if the dog is disruptive or threatening to others.

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  1. Diane Patterson says:

    I’ve always wondered why the State doesn’t require “service” dogs to be registered and given an ID badge with picture, similar to those employees of businesses wear. Since you can’t ask what kind of disability a person has, or to see the dogs papers showing they are a service dog, just seems like it would be a smarter choice. It could be clipped on their collar or attached to the vest the dogs wear. Living in Grants Pass, I’ve been to the Growers Market on a couple of occasions and have heard lots of grumbling about the rude manner in which the Growers Market manager treats the people who come into the market. Since the market is held on City property, I would be interested in knowing how the City feels about this issue. Personally I feel the market should be moved to the fairgrounds or to private property.

  2. Lilfarfa says:

    Diane,

    The state can not require individuals with service dogs to have an ID bc it is against federal law to do so. Further, Oregon can not require an orange vest bc the ADA trumps and does not require it. Now, why not? A service dog is legally the same as a wheel chair, oxygen or other medical device. To require ID is to single out the disabled. It’s discrimination, plain and simple.

  3. mike moore says:

    Hopefully, the board of directors or whoever is in charge of the manager will do the right thing and discipline her. I’m not saying terminate but some action to prevent incidents like this from reoccurring needs to take place….The Grant Pass Police need to be enlightened in their responsibilty in enforcing violations of the ADA like this. That individual deserves a written and public apology for the manager’s actions.

  4. Becky says:

    I said it before and I will say it again, that manager is a vile person! The police should have NEVER removed the lady from the market because she was not doing anything wrong. They should have informed the manager and her little crony about the laws regarding ADA dogs since she wouldn’t listen to the lady. And if the reason was because the dog was up around the food, they should have left it up to the individual business if the wanted the dog near their food. She had friends with her and they could have gone near the food to get what she wanted. But really the dog wasn’t that close to the food.

  5. RayRay says:

    A friend of mine called me one day cause the “Manager” of the Growers market ” Physically Shoved her” while she had her service dog with her. She had been there several times before with the dog but this last time she shoved her hard and almost made her fall. She called me onto the scene and the Grants Pass Police were called but they did NOTHING to the offender ( The Growers Market Manager) This is an outrage, where is the justice for these disabled people and their service animals, it sure isn';t in Grants Pass, that is for sure. The Growers Market manager is an animal and needs to be put out to pasture. She is a disgrace……..

  6. canadice says:

    Marti Fate, the market manager has been a bully and has acted out like this for years. The difference now is that a video has captured her behavior. This is the way she is, plain and simple.
    She has major anger issues. The market board have all been hand picked by her . Some of her cronies have been on the board for more than 20yrs. The board simply rubber stamps what Marti wants. Anyone who has been involved in this market is aware of this. Again, nothing new. Additionally, the “staff” are all members of her family. This market organization is a joke. There are quite a few, reputable farmers such as the one profiled in KDRV’s previous story that will not attend this market, on principle. Marti Fate is a mean, angry, vengeful person. The market board are her whooping boys. I’m glad this truth is finally “out”.

  7. john says:

    In the U.S., according to the Department of Justice’s Business Brief concerning Service Animals, business owners/managers can ask 2 specific questions. 1) Is this a service dog required because of a disability? and 2) What task(s) is the dog trained to perform? If these questions are not appropriately answered, the business may exclude the animal, but not the person.
    Though service animals of all kinds can legally accompany their disabled handler almost anywhere the handler goes, they can be excluded from areas where their presence would constitute either a fundamental alteration of goods and services available for all or a direct threat to safety. Examples where a service animal might be excluded include:

    -Sterile rooms, such as operating rooms, some areas of emergency rooms/departments, some ICU rooms, some ambulances, some delivery rooms (on a case-by-case basis)
    -Clean rooms where microchips are manufactured
    -Places where food is prepared (though they cannot generally be excluded from dining areas where food is present) (by order of most health departments)
    -Open air zoological exhibits, such as open air aviaries (at the zoo’s discretion)
    -Churches (at the church’s discretion)
    -Native American Tribal Council Chambers (at the council’s discretion)
    -Federal Courts (at the judge’s discretion)
    -Private clubs (at the club’s discretion)
    -Private homes (at the home owner’s discretion)

  8. Merry Sullivan says:

    I am a longtime market patron, I started going to the market when it first opened, there was quite a stretch of time I did not attend. The last several years we have been attending on a regular bases . We have watched first hand many of the different issues concerning the pets
    from before they were banned to the present. I must say we enjoyed watching the different animals and all the children and there parents that would come through the market. I have always felt there was a better way to solve the pet problem but, being that we must all work with change when it went down to just service dogs would be allowed then that was to be as it was. What I have failed to understand is the approach of management when a person comes to the market and fails to see the signs or was a market goer before the signs were posted and misses the posting, more often than should happen a woman approaches full boar , finger pointing and this is before she is in talking range. When she does get up close instead of talking in a normal tone, she speaks in a sharp almost yelling form. The people whom come with the service dogs should be left alone to do their shopping and visit with whom ever they wish. We go to shop for a fresher product, socialize, take out of town family and friends, I have even met tourist during the summer when we were there. This is a terrific community and city event and should be treated as such . I think management should step outside of the box and attempt to make some changes in their interaction with the people who come and spend money at the market, Question? Who does the manager answer to? Is she held accountable for her conduct? If there is a board that hires her, then where are they and how are they formed? If as suggested that the manager picks the board then that would give here complete control hmmmmmmmmmm that is not the title of a manager. One last thought , without the patron who spends money there wouldn’t be a market and therefore no money to pay management.

  9. eric says:

    I have seen this kind of behavior before at the market. That SAME woman will follow someone around. I have seen people confronted because they were not buying anything. They werent bothering anyone. She will go up to you, confront you, piss you off then when you get angry call the police and have you removed for being dissruptive. There is usually a male there as well doing the same. I have not returned to the growers market in quite awhile because of the rudeness of those in charge. I think we should make our voices known and boycott if necessary until changes are made.

  10. Rand says:

    I had been going to Growers Market just about from day one when it started and spent on average about $40 each visit. A few years back, when the Market banned dogs, I called the manager to express disappointment. After a few minutes the manager rudely and sarcastically wished me a ‘great great day’ and hung up. When I asked a couple of board members about sending them a letter of complaint, they just rolled their eyes and said oh sure, send us one. From their ho-hum reaction I could see it was a waste of time. We stopped going to the Market for a couple of years, and now only go sporadically, which is sad because it is a great event and I really like many of the vendors. But the manager is a toxic person who thinks it is HER market. Reading the above comments indicates that the Market has a serious problem. Good luck, though, telling the board that.

  11. HariShabad says:

    Canadice captured the essence of the whole issue. This is beyond a dog issue; this is a civility issue. Marti stared the Market herself years ago as a private entity. The “Board” is only there for appearances. The employees are all family so she is padding the payroll through nepotism. If you dissent, you get screamed at and you are gone. There goes your living. I hope people will not boycott the Vendors, only the Market. Come to Medford and Ashland in season and see the same happy people selling your favorite foods in a much less toxic atmosphere.

  12. oakstreet says:

    how about heidi dawn at the ashland market…getting into peoples cars to have them towed away every saturday.. the ashland growers market has towed over 60 cars in 2 years at the publics expense and no requirements for food handling or anything to keep dog hair out of your food purchaced that was prepared in someones garage bucket. community? heidi dawn is another east coast transplant bossing around locals. time to sue their asses for giving me food poisoning from a undercooked greasy sausage sample that they arent even allowed to cook at the location (but do anyway with open flame that is a clear violation to city law and fire regulation. ashland kisses their ass and posts up police to deal with angry people that get their cars towed illegally. time to send the growers market packing. its unfair business practices are not cool to the other legitimate health inspected restaraunts that have to pay and get the inspection regularly …when i tried to reason with them i got the rudest reaction ever …heidi dawn go back where you came from and take your stupid tricks with you. i too have some great video footage ,,i will post it when the attention turns to ashland…

  13. Shelly says:

    I went there with my dog was in her bag that was off my shoulder. Patch on the bag clearly seen. “M” comes up to me and told me my service dog has to be on a leash on the ground. it’s a hot summer day 90’s to 100’s and she is little and can get stepped on in a busy market. I said no she doesn’t and explained why. It got ugly, she pushed me backwards turned me around and pushed me forwards out of there, with my problems I almost went down with my dog with me. “M” and others called me all kinds of awful names, and cussed at me. The GP police were called and they were on her side saying this was their business. I did get a police report number for the incident. Later, I saw “M” laughing with one of the cops called.

  14. HariShabad says:

    Oakstreet – troll – Heidi isn’t even there any more. Cars haven’t been towed for months. Let’s stay on topic.

  15. carla s says:

    Oakstreet-Sounds like you have some kind of personal vendetta over getting your illegally parked car towed. I’m not impressed. I agree, let’s stay on topic.
    -

  16. Omar says:

    The best way to understand the real issue, please read all of the folling:
    U.S. Department of Justice
    Civil Rights Division
    Disability Rights Section

    Service Animals

    The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
    Overview

    This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations.

    Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
    A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
    Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.
    How “Service Animal” Is Defined

    Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

    This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

    Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.

    Where Service Animals Are Allowed

    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. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.

    Service Animals Must Be Under Control

    Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

    Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals

    When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. 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.
    Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
    A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
    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.
    People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
    If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.
    Staff are not required to provide care or food for a service animal.
    Miniature Horses

    In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

    For more information about the ADA, please visit our website or call our toll-free number.

    ADA Website

    http://www.ADA.gov

    To receive e-mail notifications when new ADA information is available,

    visit the ADA Website’s home page and click the link near the top of the middle column.

    ADA Information Line

    800-514-0301 (Voice) and 800-514-0383 (TTY)

    24 hours a day to order publications by mail.

    M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time)

    to speak with an ADA Specialist. All calls are confidential.

    For persons with disabilities, this publication is available in alternate formats.

    Duplication of this document is encouraged. July 2011

    PDF Version of this Document

    Return to ADA Home Page

    last updated: July 12, 2011

  17. Ahunt says:

    Well, the Grants Pass City Council appears to have created one woman’s private little fiefdom here on PUBLIC property. The next logical question is…does the Grants Pass City Council endorse discrimination against people with disabilities?

    Perhaps the Council may wish to review the ADA act, as this story is making its way onto social media, and people are taking notice.

  18. frank says:

    How about people who are allergic to dogs, like I am. There seems no consideration of people in my circumstance. But to the case at hand, how much of an “assistance” is this little dog that is being hauled around in a handbag? Certain groups of people (not disabled) think it’s okay to lie about the dog being a service animal, but it’s just their attitude toward life – taking advantage of loopholes.

  19. canadice says:

    The city of Grants Pass should be held accountable for allowing this type of discrimination to continue. I certainly cannot understand how the local PD endorses this discrimination. Small town corruption at it’s best!! This is not an isolated incident, this is business as usual at this market. Shameful on so many levels. Then again it is Josephine County land of discrimination on so many levels.

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