Service Dogs and Public Access

I don’t often cross-post things, but I recently replied to a Tumblr “rant” about service dogs in restaurants and I really wanted to share it here. Plus, it’s International Assistance Dog Week!

The original post, titled “A disservice to service dogs” begins:

Look, I get it. People around here love their dogs, more than children it seems. But do you know what? I do not enjoy dining where your furry friends have been joining you at the table. I mean it’s different if they’re chilling on the ground in the patio being well behaved, that’s different.

Just the other day I answered an ask that is very appropriate to this poster’s feelings about dogs in restaurants. It was about the time I got thrown out of a liquor store because, essentially, the owner didn’t want a dog in his shop despite my rights under the Americans with Disabilities Act (ADA). As I noted in my response on Tumblr, the personal feelings of whether or not a service dog should be in a public place are entirely irrelevant. In my original reply, I used the comparison example of having to share space on public transportation with others who perhaps don’t bathe themselves well enough. Unfortunately, I have to deal with it because they have just as much right to occupy space on a CDTA bus as I do.

The post continues:

Just the other day I was a popular San Clemente restaurant where dogs aren’t allowed, and all of a sudden I hear barking from several tables away! “That’s weird” we thought. The barking continued. We complained to the hostess. But because the dog had a “service dog” tag, they said they couldn’t do anything about it. First off, I could put a raccoon on a leash and it would be better trained than this dog. Second, what a tiny yorkie going to do for you? I  kinda get the idea of an emotional support animal but on a cool morning you could probably take your buddy out to the car if it’s acting up.

The 2010 revision of the ADA included a new definition for “service animals” and it is very clear on public access rights. Service animals are permitted wherever the public is and that includes inside restaurants. However, it is expected that the animal be under control of the handler at all times. Anyone who has ever eaten with me at a restaurant knows that my absolute favorite thing is when we get up to leave and I recall my guide dog from under the table to the surprise of staff and patrons. Why? Because that’s exactly what should happen; it proves she was doing her job the whole time and remained entirely unnoticed by everyone but me.

The service dog referenced was obviously not behaving properly and was causing a disruption to the other patrons. The hostess was incorrect in saying that the staff had to ignore the issues because it was a service dog and in fact they could and should have requested the handler leave.1

The rant continues:

Who am I kidding here; you and I both know this was no service dog. For just 79 dollars you can register any animal as a service animal and get to take your buddy anywhere you want, and those mean people who hate dogs can’t do anything about it. If you don’t want to “register” your dog, you can just buy a service dog ID on Amazon for $15.  It’s stuff like this that gives real service animals a bad name. This is what’s going to get the government to regulate service animals, making life difficult for people who really need them.  Knock it off people.

Actually, what makes it difficult for service animal handlers is misinformation about the law. There is no mandatory registration! And there is also no legal need to have an ID or other certification that your partner is in fact a service animal. Yes, that opens the door for people to waltz fake service animals through the doors of any public place, but if that dog is behaving itself like a real service animal then it’s hardly causing an issue for future handlers.

Additionally, there are many types of disabilities that are not readily apparent to the casual observer. Even as a blind person, which you might think would be terribly obvious to the public, I am constantly queried about what my guide dog does and how she specifically aids me. Likewise there are also many different tasks that service dogs perform. Perhaps this dog was trained to alert to an epileptic seizure or diabetic shock.

Or maybe, just maybe, it was a fake service dog. It’s honestly difficult to prove. And the law is fairly specific as to what is considered an acceptable line of questioning. However, that said, in my personal experience as a handler I find we’re generally pretty tolerant of being asked about our partners. If you aren’t rude or accusatory, you’ll likely have similar results.

  1. The law also stipulates that in such cases, the same goods and services should be provided in the absence of the service animal.

Comments

  1. It makes me angry when people fake that their dog is a service dog. It creates prejudice and could potentially jeopardize the rights of people who desperately need their service dog. A true service dog should be very well trained and able to behave in public places. Stop abusing ADA rights if they don’t truly apply to you! I see no reason to divulge what service a service dog actually performs; would you come out & ask someone “Hey, do you have Epilepsy, or PTSD??” Medical history is nobody’s business. Awesome post thanks!

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