Service
dogs are trained to perform tasks that help people with disabilities.
Service dogs don’t just help people that can’t see anymore; they
also assist people that can’t hear, people that have trouble
walking, people that have seizure disorders, people with mental
illnesses, people with autism, and more. Any breed or size of dog can
be a service dog. The Americans with Disabilities Act is a federal
law that allows people with disabilities to take their service dogs
into most public places even if pets aren’t normally permitted.
Violating the Americans with Disabilities Act can get business owners
into trouble with the U.S. Department of Justice.
What
questions are you allowed to ask people with service dogs?
Business
owners are only allowed to ask two questions if a customer comes in
with a dog. You can ask, “Is that a service dog required due to a
disability?” and “What task is the dog trained to perform?” If
the dog’s owner refuses to answer those two questions, you are not
required by law to allow them to bring their dog into your business.
What
can’t you ask?
You
can’t ask any other questions about the dog. You can’t ask what
the owner’s disability is, you can’t ask to see identification
for the dog, you can’t ask to see a letter from the owner’s
doctor or a letter from the dog’s trainer, and you can’t ask if
the dog is a certified service dog (there’s no such thing as
official certification for service dogs). You can’t ask to see the
dog demonstrate the tasks the owner says the dog is trained to
perform.
You
also cannot require the dog to have on a special vest that designates
it as a service dog. Most service dogs do wear a service dog vest but
it is not required by law.
How
do you know it’s a real service dog?
You
may not know for sure. If the dog’s owner answers the two questions
you are allowed to ask and if the dog is behaving appropriately in
public, then it’s probably a real service dog.
When
can you ask someone to remove their dog?
You
can ask someone to remove their dog, regardless of whether or not it
is a legitimate service dog, if the dog is not housebroken or if it
is behaving in a disruptive manner. If the dog barks more than once
or twice, if the dog sniffs or licks or jumps on other customers, if
the dog sniffs or licks merchandise, you can ask the owner to remove
the dog.
What
about service dogs in training?
In
some states, people that are training service dogs are allowed by
state law to bring those dogs into public places for training. In
some states, they aren’t. In some states, only professional dog
trainers are allowed to take service dogs in training into public
places. In some states, only dogs being trained for specific purposes
are allowed in public, like only dogs being trained to guide people
that are blind. Find out what the laws are in your state. Nothing in
federal law allows people training service dogs to take those dogs
into public places where pets aren’t normally allowed.
What
if other customers complain about a service dog?
Explain
to them that federal law gives people with disabilities the right to
bring service dogs into public places where pets are usually not
allowed. Federal law does not allow you to refuse to allow service
dogs into your business, even if another customer is afraid of dogs
or is allergic to dogs. If a customer is afraid of dogs or allergic
to dogs, though, or just strongly dislikes them, they can be seated
in a different part of a restaurant away from the service dog or you
can open up another checkout lane so they don’t have to stand in
line with the dog, or you can in some other way separate them from
the dog. If a customer complains because a dog is barking or jumping
up on them or doing something else inappropriate, though, you should
ask the dog’s owner to remove the dog.
Sources:
