Service animals have been in the news a lot lately, mainly due to claims of house pets being inappropriately passed off as service animals.
There has been so much discord surrounding this topic that Colorado legislature is aiming to change the law. They recently introduced a bill that would criminalize the misrepresentation of pets as service animals.
Here’s what restaurant owners need to know about service animals, including the current restaurant regulations.
Current national regulations
The U.S. Department of Justice currently oversees national regulations regarding service animals, which are outlined in the Americans with Disabilities Act (ADA).
Beginning on March 15, 2011, the ADA limited the definition of service animals to “dogs that are individually trained to do work or perform tasks for people with disabilities.” The work or tasks they perform may include:
- Guiding the blind
- Pulling a wheelchair
- Alerting and protecting individuals who are deaf or having a seizure
- Reminding individuals to take prescribed medications
- Acting as a calming force for those diagnosed with Post Traumatic Stress Disorder (PTSD)
The ADA makes it clear that service animals are “working animals” and are not classified as pets. The task performed by the dog must also directly relate to the person’s disability.
Dogs acting primarily as emotional support for their owners do not qualify as service animals per the ADA guidelines.
Interestingly, the ADA recently added another separate provision regarding the use of miniature horses. A four-step assessment is used to determine whether the horse and its owner should receive the same accommodations as service dogs.
Title II and III entities
Throughout the ADA regulations, you see Title II and Title III entities mentioned frequently. This is important because these entities are the ones who must provide necessary accommodations per the ADA.
Title II entities include state and local governments. Title III entities is the category under which restaurants fall, specifically because they are deemed places of public accommodation. Hotels, shopping centers, and libraries fall under this category as well — roughly five million private establishments do too.
Title II and title III entities must allow service animals and their owners access to all public areas of the establishment. Failure to do so could result in violation of the ADA.
State and local regulations vary
To make matters more confusing, state and local laws may expand on the ADA’s limited definition of service animals. For example, Delaware defines a service dog as “any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability…”
You can see a listing of state regulations here or the attorney general’s office in your state can provide additional guidance as well.
Handle with care
It’s important that these situations are handled with care. You want to ensure that your employees understand the regulations so that no one’s rights are infringed upon.
If a patron with a service animal enters your restaurant, encourage your staff to simply ask, “Is the animal a service animal required because of a disability?” Never ask for documentation for the service animal or press the patron to reveal their disability.
What other questions do you have regarding service animals in your restaurant? Let me know in the comments below!
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Carrie Luxem is the founder and President of Restaurant HR Group, a full-service HR group based in Chicago, IL. Carrie will be sharing her wisdom from over 15 years in restaurant human resources through guest-posts on the Homebase blog.
Want some HR help? See how Homebase can make it easy by visiting our HR and Compliance page.
Remember: This is not legal advice. If you have questions about your particular situation, please consult a lawyer, CPA, or other appropriate professional advisor or agency.
