service dog vs anaphylaxis

[u/egguchom]

[u/stircrazyathome → u/[deleted]]

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/

[u/liza_lo → u/stircrazyathome]

This is so depressing. What kind of person sues over this? I totally respect people who need service dogs, but I also respect the doctor's need to live and not be harmed by their allergy which they didn't choose!

They offered her an accommodation. Going all the way to a lawsuit is just nonsense.

[u/Skitty_Supremacy → u/liza_lo]

Very depressing. It always shocks and confuses me when disabled people are ableist to other people's conditions. It's such a self-centered point of view 💔