Woman claims store refused to allow her service dog inside

Miya Shay Image
Tuesday, September 9, 2014
Store initially denied service dog access
The store's owner did tell a woman she couldn't bring her service dog in, until being made aware of the law

HOUSTON (KTRK) -- A Houston woman says a local store kicked her out when the owners saw her with her service dog. Shannon Smith says her service dog, Fancy Pants, has been by her side daily for more than five years.

"I have autism and epilepsy, without her, I can't function," says Smith.

Smith said she, a friend, as well her service dog walked into a dollar store at Scott and Old Spanish Trail on Tuesday. She says upon seeing the dog, the owner told both of them to leave. When she refused, the owner allegedly called security.

"He's like, she can't be in there and she gets hyper, and I was saying 'Just calm down, and speak so he can understand you,'" recalled Jacquitter Tyler, a friend of Smith's who watched it all unfold.

When Eyewitness News arrived at the shopping center, Smith was sitting outside the store with her dog. We tried to talk to the owner, who did not want to appear on camera. He told us he was not aware that service dogs had to be allowed inside the store. He says after shopping center security told him of the law, he will now allow dogs inside.

The use of service dogs is protected by the Americans with Disabilities Act (ADA) as well as state laws. Service dogs are generally allowed to go wherever members of the public are allowed to. They must be on a leash, and be well behaved. However, owners are not required to provide the dog with a specific identification.

In Smith's case, she says her dog has an ID badge, which she showed Eyewitness News. Smith says she's unsure if she'll ever set foot in the dollar store again, but if she does, Fancy Pants will be right there with her.

Learn more about the recently updated Texas Service Dog Law for 2014.