"Service Animals" In Your Restaurant

QUESTION FROM: Gabby in LA

“How do you guys deal with the onslaught of fake service dogs?

Also it's insane to me that pitbulls can be passed for service animals and forced to be allowed into confined restaurants full of children.

I experienced an annoying situation today and I do not look forward to the negative reviews that I know are gonna come out of this.

I run a cafe (coffee shop + deli sandwiches), and while in a huge rush, a man walks up to one of my employees and says his dog puked on the floor. My instant response was "we have a dog in the shop!?" He heard me and responded "yes, a service dog". I said no problem, what service does the dog provide? He basically said it was none of my business.

I told him by law, I can ask to ensure its providing a service that is approved for our business. He said "you can ask all you want, I don't have to tell you anything".

Then I told him I have the ADA documentation in my office and he said "You show me documentation that says I have to tell you anything". But honestly, I'm looking at the documentation, and it doesn't say they HAVE to tell me. Am I reading this wrong?

So here I am, with a service dog that puked, not a little, at least a gallon's worth of vomit on the floor and a customer that is very obviously angry at me. WTF!?”

HH ANSWER:

Not to sound like a jerk, but why are you arguing with a customer over whether or not his dog is a service dog? Kicking someone out of your restaurant with an otherwise well behaved dog when the owner claims it to be a service dog isn't worth the grief, even if they're lying.

It’s an argument you’re not going to “win” and it’s not going to negate the fact that his dog just puked all over your floor.

Trying to nail down what the disability is and trying to determine whether or not the animal is a legitimate service animal is a sure way to not only publicly embarrass your guest but to also potentially wind up in court.

That being said, any failure on their part to control the animal's behavior, noise, vomiting, pooping, growling, etc. is a legitimate excuse to see them out...and just one more reason to have cameras throughout your restaurant.

I would have first made sure that area was blocked to prevent any guest from walking over it and potentially slipping / falling and then just handed him a roll of paper towels, a garbage bag and asked him to clean it up.

I’m a dog lover and not a lawyer - so I’m in favor of creating dog friendly spaces and even offering complimentary water bowls & Milkbones (especially if outdoor / al fresco seating is available) but, I won’t get into stating my case for dogs - I WILL however say that I’m pretty sure you’d be well within your rights to ask him to then take his sick dog out of the restaurant. Service dog or no service dog - If an animal is defecating, vomiting or otherwise making an unsanitary mess it doesn’t belong in a food safe establishment.

Additionally, it is my understanding that you can NOT question the type of service any service animal may provide. You can refuse services to the PERSON, at any time if they are being out of line/rude/not dressed properly/etc...or if their behavior is disturbing your other guests - but you CANNOT refuse service to a guest because they have a service animal with them.

According to the ADA, you are allowed to question as follows:

“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."

Others colleagues of mine say that “you can ask if it is a service dog, not what service it provides, because the type of service can reveal the person’s private medical condition.”

Under the ADA, a public accommodation may not ask you questions about your disability or demand to see certification, identification, or other proof of your animal’s training or status. If it is not apparent what your service animal does, the establishment may ask you only whether it is a service animal, and what tasks it performs for you.

Additionally, it’s worth noting for you and other readers that ADA law prohibits public accommodations from charging a special admission fee or requiring those with service animals from paying any other extra cost to have their service animals with them. However, they may have to pay for any damage their animal causes.

I’ve also read that, under the ADA, a service animal can be excluded from a public accommodation if it poses a direct threat to health and safety (for example, if your dog is aggressively barking and snapping at other guests).

A service animal may also be excluded from accommodation if it is not housebroken, or if it is “out of control” and the owner is unable or unwilling to effectively control the animal.

In short, it doesn’t really matter if the animal is legit or not...and you can't push that issue anyway. You can, however, demand they leave based on the animal's behavior, such as barking, being aggressive, pooping or puking in the restaurant.

Every country, state and even cities/counties have their own laws that may bolster or conflict with ADA law but, You should avoid getting into a legal dispute – or causing an unnecessary seen in your place of business at all costs.

Most if not all require the disabled owner to provide a card, or the animal must be tagged or wearing a service dog harness. By law, they are not required to wear a vest.

Anyone can buy or make a fluorescent vest for their pet and claim it’s a service or support animal. It’s a shame that this gives seriously handicapped and compromised individuals a bad reputation or even males them suspect but those who have genuine certified support or service animals also should have the proper documentation.

The airlines have been tightening restrictions and instituting new guidelines re: service animals due to so many traveling. In fact, Delta Airlines alone flew over 250,000 dogs (and in one case a small pony) from 2015 - 2018. Most airlines are now issuing vaccination guidelines for banning “emotional support” animals under 4 months old from their planes and sanitation guidelines for not allowing any support animals on longer flights (because they eventually have to shit somewhere).

Additionally, Walmart prohibits animals from their shopping carts based on hygiene.

Every business owner should know the laws that apply in their area and post any guidelines within the laws in plain view.

If nothing is posted then you should give every guest the benefit of the doubt and quickly have accidents, vomit, etc... cleaned as discretely as possible / without bringing it to the attention of your other guests other customers and or embarrassment to the disable patron.

Although Emotional Support Animals are not Service Animals and as such - NOT covered under the ADA,

"Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA." https://www.ada.gov/service_animals_2010.htm

I’d be weary of imposing a blanket ban on all emotional support animals...but you can put reasonable guidelines in place SUCH AS animal cannot bark or play, cannot sit on table, cannot eat from table, cannot urinate or defecate inside building, cannot run around, etc.. and will be removed (or owners asked to go) if they break the rules.

I would imagine that most owners of bona fide service animals would not have a problem with these rules as it’s been my experience that owners of working dogs (not emotional support dogs - but SERVICE dogs) typically do not allow others to distract them by playing, petting or feeding while out in public. These dogs are supposed to be “working” which means they are on full alert to their human companion’s state and are well trained / obedient. Any behavior contrary to that should be a red flag.

For about $25-$35, anyone can buy a service vest for their dog online so that they can take them in stores, or restaurants with no questions asked. And because there is no federal registration, they can buy one without any training or certification required.

But fake service dogs aren't just a disrespect to those who actually need service dogs and the businesses that support them. Owners who masquerade their pets or emotional support / therapy animals as genuine service animals can also pose a distraction to a service dog.

It’s pretty hard for a service dog to help someone when they’re in a baby carriage, grocery cart or pet carrier / handbag - and states are catching on to the abuse. In fact, at least 21 states have passed laws governing fake service animals and imposing fines in an attempt to keep unruly pets out of grocery stores, movie theaters and restaurants.

If a 'fake' service dog tries to attack a real service dog, it can cause a post traumatic disorder in the service dog and force them into retirement. That may not seem like a big deal - but considering these animals are not “pets” but working animals that spend years training to learn how to perform specific functions and cost upwards of $20,000.00 - $40,000.00 - it IS a big deal.

Jim Kennedy, Executive Director of Hawaii Fi-Do Service Dogs was quoted by Hawaii News Now as saying:

“Dogs are dogs. If they are subjected to lunging, growling, barking, nipping from (untrained) dogs, there’s a high risk that there will be some interference with their focus in being able to perform the tasks they’ve been trained to do. And that can be dangerous.”

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."

So... in your case I’d cite the puking, peeing, eating off the table, being on the table/seat or barking as a reason for asking them to take the animal out.

At the end of the day it’s always best to consult with an attorney re the federal, local, city and state requirements & codes. When you do - be sure to ask if some signage with general guidelines would be appropriate. That way you can point to it before and after any incident to mitigate the appearance of any discrimination.

Here’s an example:

NO PETS ALLOWED

WORKING SERVICE ANIMALS WELCOME

TO ENSURE THE SAFETY, HEALTH AND COMFORT OF ALL GUESTS, SERVICE ANIMALS MAY NOT:

sit on tables or benches/chairs/stools, be fed from table, bark or growl, behave aggressively, wander or run around uncontrolled, chew or otherwise damage our property, “mess" inside, or exhibit behavior that is disruptive or dangerous in any way.

Owners of any animal breaking these rules will be asked to take their order (and the animal) to go.

The following was taken from an ADA website:

"Again, the Department of Justice has been very clear that there are only a few instances in which a team may be excused from a place of business:

Aggressive behavior (such as growling, lunging, snapping at people or other animals),

Urinating or defecating inappropriately

Inappropriate barking

Unwanted attention towards other patrons

Eating off the floor or tables

Disruptive behavior requiring excessive efforts from the handler to control the dog"

Notice that inappropriate barking is included on this list.

That list could almost become a sign in and of itself.

Consider keeping a laminated copy of the ADA Service Animal Requirements posted behind the bar and train every member of your staff to know the two questions that may be asked...and know what questions NOT to ask.

Here it is, https://www.ada.gov/service_animals_2010.htm

https://www.hawaiinewsnow.com/2018/12/28/heres-look-some-laws-set-take-effect-new-year/

https://www.mnn.com/family/pets/questions/5-lesser-known-facts-about-service-dogs.

Josh Sapienza | Managing Partner

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Josh SapienzaJune 6, 20211 Comment