Service Animals

[Meathead]

I am a writer working on an article about restaurants and their policies towards service animals for Restaurant Hospitality magazine, a respected trade magazine.

If you have a service animal, please share your restaurant experiences. Do you have problems getting in? Have you ever been denied a seat? What do you do if you are turned away? How do you put uncertain staff at ease? Do you carry documentation for your animal?

If you work in a restaurant, please share your experiences and policies. Has you run afoul of the law here? Have you ever been cited for a health violation for an animal in your restaurant? Have you ever been cited for denying service? How do you know if an animal is not a pet? Has a service animal ever caused a problem? Have customers complained?

Edited May 23, 2007 by Meathead (log)

[David Naylor]

i may be wrong here but what other animals other than guide dogs would anybody take into a restaurant as a "service animal"?

[Fat Guy]

That's a common misconception about service animals, and it can get a restaurant, apartment building or other corporation fined pretty heavily. The DOJ has published a simple document on this subject. Service animals perform a variety of functions in addition to guiding blind people. Some examples from the DOJ:

- Alerting persons with hearing impairments to sounds.

- Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

- Assisting persons with mobility impairments with balance.

[rooftop1000]

i may be wrong here but what other animals other than guide dogs would anybody take into a restaurant as a "service animal"?

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There are Guide Miniature Ponies also...they have to wear little sneakers to walk on tile floors. They live much longer than guide dogs.

I almost wish I was kidding

http://search.yahoo.com/search;_ylt=A0geu5...yfp-t-501&x=wrt

tracey

Edited May 23, 2007 by rooftop1000 (log)

[Fat Guy]

How do you know if an animal is not a pet?

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The DOJ has a note on this:

Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

[Meathead]

How do you know if an animal is not a pet? you ask.

That's part of the problem. There is no standard federal card that people carry to identify a service animal. Nor is there formal certification. And it is easy to make a garment for a pet that says "Service Dog." Nor is there a penalty for faking a service animal.

You have to be careful what you ask the owner of a service animal, however. Here's a quote from a government document on ADA that is worth reading. It says "Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability."

That said, most service animal training institutions provide an official looking card to identify the animal, and they usually have a garment. That garment should identify the organization such as "Leader Dogs for the Blind" and not just say "service animal".

So you need to give the person the benefit of the doubt to comply.

I have not heard of much abuse yet, but I think I know of one case in NY and I am wondering if any of you have caught imposters trying to get pets into restaurants claiming them to be service animals. It could be a real problem if this got out of hand.

There is another issue. Service animals in training are not covered by the federal law. So technically they are not allowed. But some state laws do allow them. And most restaurants extend hospitality to them too knowing that they are likely to be well-behaved and that it is important to train them in restaurant behavior. I train puppies for Leader Dogs for the Blind and I have rarely been challenged because my trainees wear an official looking garment and I usually wear a branded shirt or cap. The few objections I have gotten are at restaurants where the management did not speak English well.

Edited May 23, 2007 by Meathead (log)

[Meathead]

From http://www.usdoj.gov/crt/ada/animal.htm as posted by Steven: "Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability."

From http://www.usdoj.gov/crt/ada/svcanimb.htm as posted by me: "Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability."

Now that's perfectly clear, isn't it?

[Fat Guy]

I think the lack of an official certification system is unsustainable, especially in light of all the psychological disabilities out there. For example, in New York City there have been several successful ADA claims by owners of "emotional support assistance animals," (none that I know of in restaurants, but in other public accommodation situations so it's just a matter of time) in other words animals where the function is to help ease the effects of the disability of depression. I mean, the regulations as written are so easy to abuse: restaurants have to admit anybody who makes a claim that an animal is a service animal, or they risk fines and bad publicity. A standardized certification and identification system, where you're committing a crime if you fake an ID, seems like the only rational solution.

[Meathead]

As the trainer of puppies for Leader Dogs for the Blind, I instinctively want to resist creeping bureaucracy especially if it makes life harder on people with a real need for service animals. On the other hand, after interviewing a womon who filed an ADA complaint against a famous NY Deli, I can see how the current situation is certain to be abused. Then, as a reporter, I must try to report the facts dispassionately.

Objective journalism is such a lie. But that's another subject.

[MomOfLittleFoodies]

Another type of service animal are seizure alert dogs.

[Fat Guy]

I have a natural suspicion of bureaucracy, however I'd like to see service animals licensed. Also, I'd like to see a licensing system for human restaurant customers. Because really, I've never had a problem with an animal in a restaurant, or a hotel, or anyplace like that. It's a relatively self-selecting group of owners who even bother to take their animals to places like that. But humans? They cause lots of problems. Under a licensing system, if you can't behave, you don't get to any restaurant above the level of an Olive Garden.

[Tess]

i may be wrong here but what other animals other than guide dogs would anybody take into a restaurant as a "service animal"?

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Since this pig flew first class, I'd be surprised if he hadn't been to a restaurant or two as well.

[TAPrice]

Do service animals ever misbehave? Do they ever growl or snap at people?

Would a restaurant owner have the right to kick out a misbehaving service animal?

[MomOfLittleFoodies]

Do service animals ever misbehave? Do they ever growl or snap at people?

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The teacher that my 2 oldest kids had for kindergarden raises guide dog puppies, According to the information we got from field trips to the guide dog place, the screening process for guide dogs is pretty extensive. Generally distractable or bad tempered dogs get dropped from the program.

[Meathead]

Do service animals ever misbehave? Do they ever growl or snap at people?

If they are well trained they should not. They are usually breeds that are non-aggressive (Labs, Goldens are especially popular), and they are trained to be friendly. They are NOT for protection. If a person with a gun approached a blind person, the dog would probably lick the gun. It would be very rare for them to snap at a person. If a dog was threatened by another dog it might get defensive. Hopefully not.

Would a restaurant owner have the right to kick out a misbehaving service animal?

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Yes. From the Dept of Justicehttp://www.usdoj.gov/crt/ada/svcanimb.htm:

A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others. In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.

People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.

Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.

A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.

Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.

Violators of the ADA can be required to pay money damages and penalties.

[Meathead]

Do service animals ever misbehave? Do they ever growl or snap at people?

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The teacher that my 2 oldest kids had for kindergarden raises guide dog puppies, According to the information we got from field trips to the guide dog place, the screening process for guide dogs is pretty extensive. Generally distractable or bad tempered dogs get dropped from the program.

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This is very true. Only about half the 600 trainees per year graduate from Leader Dogs for the Blind.

[Meathead]

what other animals other than guide dogs would anybody take into a restaurant as a "service animal"?

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Believe it or not, there are potbelly pigs, monkeys, and miniature horses used as legit service animals. Check out Guidehorses for the Blind.

[MissAmy]

A blind man used to come into a restaurant where I waitressed, and he always had his dog with him. It never caused any kind of problem, the dog did nothing but sit beside the man while he ate. It was a VERY well-behaved dog! Almost preternaturally so.

[Dave Weinstein]

There was a big case in Chapel Hill a few years ago (the police even told the restaurant owner she had to let the dog stay, and she still ejected it).

Leaving aside the legal issues (and the restaurant got into very big trouble over it), it also was a public relations nightmare.

Edited to add reference: Scroll Down to the Herald-Sun Article

Edited May 24, 2007 by Dave Weinstein (log)

[Meathead]

There was a big case in Chapel Hill a few years ago (the police even told the restaurant owner she had to let the dog stay, and she still ejected it).

Leaving aside the legal issues (and the restaurant got into very big trouble over it), it also was a public relations nightmare.

Edited to add reference: Scroll Down to the Herald-Sun Article

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Thanks for the tip! I can use this.

[Kent Wang]

I once went a buffet with a dog in training and it was remarkable how well-behaved it was as it guided its owner around all the food. It was a collie, pretty tall, and all the food was at about its eye level, yet it was not tempted.

[dockhl]

I once went a buffet with a dog in training and it was remarkable how well-behaved it was as it guided its owner around all the food. It was a collie, pretty tall, and all the food was at about its eye level, yet it was not tempted.

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Kent~

I have a Lab who is a washout from the Guide Dogs for the Blind...................believe me, they are tempted, just too well trained to let you know

[JoRic]

I have a customer at my restaurant who has brought her service dog in with her (she has a hearing impairment), The dog wears a vest identifying it as a service dog, and we've never had a problem. It's a really cute dog, besides!!

[docsconz]

This is a fascinating thread. I don't know if you have learned much, Craig, but I sure have. I'm particularly curious about other service animals besides dogs in restaurants and reading of any specific experiences there.

[piperdown]

My Mother is hearing-impaired, and has had a service dog for 7 years. She has no problems most of the time. Sometimes she is told the animal can't come in, but once they find out it's a service dog, it's usually not a problem. In our town most of the restaurant s know her and never give her a problem. There is one place, who really don't like the dog there, and I'm convinced they have denied her a table because of it passing it off as "we're full"

The only place she's ever had a problem is in NYC. It was some big deli (not Katz, but one of the other big ones, Carnegie perhaps?), and she got into a big argument with the person, and threatened to phone the cops. I think a lot of her problem stems from the fact that most people only have heard of seeing-eye dogs, and are fairly ignorant of the other types.