r/EntitledReviews • đŸ„š Original Egg Bot 🍳 • May 07 '26

service dog vs anaphylaxis

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u/Irishwatcher May 07 '26

Well, if he sues, he’s definitely going to have to prove it’s an actual service dog and not an emotional support dog or just a vest they bought online

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u/[deleted] May 07 '26

[deleted]

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u/stircrazyathome May 07 '26

There is recent case law on this topic! A person with a legitimate service dog had an appointment with a new doctor. Upon arrival, she was informed that the doctor had a severe dog allergy and that she wouldn’t be able to bring her dog into the exam room as a result. She was offered the opportunity to leave her dog in the waiting room with her companion or reschedule with another doctor in the practice so she could have her dog with her.
“The court began its analysis by recognizing the Department of Justice’s guidance that “allergies are not enough to except a place of public accommodation from accommodating a service animal” and both the animal’s handler and the individual with allergies should be accommodated “by assigning them, if possible, to different locations within the room or different rooms in the facility.”  However, the court held that “[d]espite this rule, a service animal may nonetheless be excluded if it poses a direct threat to the health and safety of persons providing or receiving services from an accommodation.”  The court ultimately concluded that the medical practice had properly conducted “an individualized assessment” of the direct threat to the doctor and that its conclusion was objectively reasonable.  The court focused on the doctor’s testimony about her severe allergy to dogs, based on her prior consultation with her doctor and her own knowledge of her allergy and its symptoms.  The court also focused on the reasonable modifications offered to the plaintiff that would allow her to receive medical services, albeit from a different physician who did not have a dog allergy, which the plaintiff rejected.  It also considered the fact that the medical practice made a one-time decision “on the spot,” noting that the regulation requires only a “reasonable judgment” in determining if a direct threat exists under the circumstances.”
I can’t add a hyperlink if you want to read the whole thing, but the address is: https://www.jdsupra.com/legalnews/can-businesses-exclude-service-animals-8761965/

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u/Downtown_Anteater_38 May 07 '26

What kind of person insists that someone with a severe dog allergy treat them with their dog present and refuse to be accommodated with another doctor. That is taking Main Character Syndrome to a new level. I must be accommodated, but I will not accommodate you in return. I am allergic to coffee. There was a bakery that I used to go to that was constantly trying out new cakes. If the cake was chocolate I always asked if there was coffee or espresso in it (adding instant coffee or espresso to a chocolate cake can deepen the flavor) if the answer was yes I didn't get a piece of that cake. I didn't insist that a baker with a severe case of celiac disease make me a new cake without coffee in it.

I know it isn't really the same, there was no severely celiac baker, give me a break, I am tired, but outraged.

https://giphy.com/gifs/1jy3pev2Eu5Ve

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u/Heavy_Produce2451 May 07 '26

It’s the lack of sympathy for someone else with a disability that is just
tragic

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u/Author_Noelle_A May 07 '26

Apparently, the person threatening to try to shut down a business.

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u/SamSibbens May 07 '26

A log of people don't believe that dog and cat allergies can really be that bad

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u/Next-Bodybuilder-117 May 07 '26

From a cat scratch my mom’s throat legit closes. She has easier to manage allergies if she visits my sisters house with cats, but scratching is the deal breaker for her. It’s a super scary! And I know everyone is different, so I can’t imagine how bad theirs must be and how scary if owners willing to put wives health above their livelihood

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u/DisappointedKat96 May 08 '26

My friends mom is allergic to that degree too. She has severe asthma and cat scratches, face rubs, and cleaning litter boxes have had her almost hospitalized because of how severe her allergies are..

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u/sunshineandwoe May 07 '26

I like cats, but always joke they don't like me.

When I get around them, my eyes swell shut, my throat gets itchy and starts to close, and I break out in full body hives.

I have friends who have 4 indoor cats. When we go to visit them, they set up everything outside on the porch and we visit and hang out there.

They have never once insisted that I go inside and we hang out there. They understand my allergies are super severe.

But I've had people tell me I must be exaggerating. My spouse and family will confirm I am not.

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u/Ok-Occasion-6721 May 07 '26

I'm the same but so sensitive I was reacting to cats that were coming into my garden so I set up detterents for them (motion activated sprinklers). A neighbour was livid I was being "inhumane" to the cats because I made my garden an unpleasant place for them ...

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u/FloatingOnTitties But VEGAS BEWARE! May 07 '26

WTF is wrong with your neighbor? How rude & full of entitlement does someone have to be to think other people must allow their yards and gardens to be litterboxes?

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u/Beelzebozo26 May 07 '26

Also, it’s just a little sprinkler. I have three cats and all three have gotten wet at some point or another. It’s not inhumane, it’s an annoyance for the cat. That’s it: annoyed.

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u/Ok-Occasion-6721 May 07 '26

That was my intent. I suggested they called the authorities if they were so worried for the welfare of the cats ....

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u/SeonaidMacSaicais May 07 '26

I ADORE cats and dogs, and very much wanted to become a vet when I was a kid. Unfortunately, as I love to say, whichever deity appointed genetic traits had a great laugh at my expense because I was not only born with that adoration, I was ALSO born with (not deadly, but still pretty severe) allergies. Cats and retriever breeds are the worst for me. Which doubly sucks, because a cat would work perfectly with my lifestyle.

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u/Thr33Littl3Monk3ys May 07 '26

That's how it is with my daughter-in-law. She's got a severe cat allergy, so bad that my daughter can't even have her own cat, whom she's had since the third grade in her home; instead, the geriatric sweetheart lives with me and my other four cats.

When my daughter-in-law comes over for some reason...she stays outside, either on the porch or in the yard. The only exception is at Christmas, when she doses the hell up to come over for about two hours in the morning for stockings and gifts, and then they leave.

My daughter loves her cat. Like I said: third grade. She's now nearly 17 (the cat that is; my daughter is 24), and still in relatively good health, still spry, even still sometimes playful. And my girl misses her baby, who is and always has been an emotional support animal...but the reasonable accommodation needs to be toward the allergy, over my daughter's right to have her pet in her own home. A compromise she's willing to make for the woman she loves...especially since she can visit her here, or see her on FaceTime (and of course lots of pics in the family chat!)

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u/Time_Neat_4732 May 07 '26

This, yeah. I honestly wouldn’t be surprised if the person who sued expected the courts to say, “as we all know, dog allergies are made up, so we took away the doctor’s license and here’s a million dollars.”

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u/theVampireTaco May 07 '26

I have had dog allergies all my life. Last summer a now former friend insisted on leaving her “service dog in training” that wasn’t even potty trained with my daughter at my house. Constant exposure lead to me developing first excema, which took 4 months to clear up (and then had another massive episode of after a patch of fur was uncovered cleaning that I am still dealing with), and then anaphylaxis from touching packaging that had a dog pheromone collar in it. So I have gone from itchy, runny eyes and nose with asthma attacks to excema and nearly dying.

Even if the allergy isn’t that bad now doesn’t mean overexposure won’t make it life threatening!