What is the law regarding service dogs allowed in an eating establishment?

mr pickle: What is the law regarding service dogs allowed in an eating establishment?
My question is: my friend owns a cafe. A customer entered with his dog and said the dog was a service animal. My friend asked for proof, ID of some sort, to verify the dog was indeed what he said it was. The customer had no disability. The customer went ballistic and said the ADA Federal Law states no proof is necessary and my friend has violated such law.. Then the guy threatened to sue. So, what is so in this matter?

Answers and Views:

Answer by Jenny
um the dog is required to wear a valid working dog vest even if it is in training. especially if it is a restaurant they have the right to ask if the dog is valid or not and they are required some proof but the owner does not have to wear it as a badge but the dog does.

Answer by Horse
There is no proof of being a service animal. Service animals are given special consideration, however, the animal can not cause a disturbance.

For you idiots that have given answers such as vests and certified, look at this:

https://www.ada.gov/qasrvc.htm

Most of you are regurgitating what you believe to be the facts and you simply have no clue. The Federal laws even prevent a business owner or manager to require proof of a disability before a service animal is allowed in.

As well, this covers service animals in training, so the person with the animal may not be disabled but is a trainer.

Answer by DeeDawg
your friend should probably post some sort of sign saying “no animals allowed except service animals assisting the disabled” or something like that.

at that point, i can’t imagine it’s rude to say “and in what way is he assisting you?” if it isn’t obvious, like the dog is a seeing eye dog or one of those dogs that picks things up for paralyzed people.

Answer by Dreamer
The law states that a service dog is required to be identified by an official vest and ID tag issues by the organization that trained and certified the animal. The owner is not required to carry any proof of handicap. It is not usually legal to demand proof that the dog is a service animal. However, I believe it’s within a restaurant’s rights to refuse entry to anyone, and that includes an improperly identified service animal.

Answer by darcycan
Service dogs are not the same as Therapy dogs and do not require specific training. all a person has to do is call a dog a “service” dog and apply at any service dog website (not gov controlled or regulated). They will send an ID but most states dont require even that. a srevice dog can be for physical, emotional or mental issues, so your friend may not have seen the disability but from their reaction I would be they had one.

Answer by Single Worker 1230
A disabled person doesn’t have to have proof that his dog is a service dog. The business owner cannot ask directly what makes the person disabled but can ask what the dog does to help him with his disability. Just because a person doesn’t look disabled doesn’t mean that he doesn’t have a disability. The owner cannot sue the business owner however the business owner can get in trouble by the DOJ for not following the act. If a service dog is not under the owner’s control or disruptive it can be demanded that the dog be taken from the business by the business owner. Tell your friend that he can get the police involved in disputes such as these especially if he feels that the person is trying to bring a pet dog into his establishment.

Answer by яσттιƒιє∂ – RIP Maisy Moo
Actually you do need to prove that the dog is in fact a service dog, the dog needs to be wearing a vest. Grocery stores do this all the time, big ones like Wal-Mart, if it was illegal they would have gone to court a long time ago.

If no one was allowed to ask for proof then they wouldn’t have proof.

Hes bluffing, many people do this because small companies don’t want to go to court, call his bluff.

Answer by Yen Love
The Americans with Disabilities Act (ADA) clearly states that proof of “certification” cannot be required by any facility or business for legal access. Under the ADA, you don’t have to disclose the nature of your disability. However, you can be asked to disclose your service dog’s specific task.

There are various laws around this however and you can find more information here.
https://www.servicedogcentral.org/content/faq

Answer by abbY normaL
As far as I know, service dogs are supposed to wear a vest or something that identifies them as such but you aren’t allowed to ask if they are certified or require proof of the person’s disability. (Which I don’t get, many people abuse this.) So the dude was right, even if he was a jerk about it.

I worked at a large retail chain and I’ve seen different types of dogs as service dogs. (My favorite was a grey miniature poodle. He was so cute! And you could tell he was a service dog; he behaved like one, he wore an orange vest AND had special tags on his collar.) Even if they don’t have a vest on, we weren’t allowed to approach ANYone with a dog, in case they were service animals. We can’t ask for proof so we just had to assume it was a service dog. I have known people that don’t have anything on their dogs to show they are a service dog so they don’t draw attention.

Answer by Bare Nekkid TRUTH!
you cannot tell if someone has a disability or not. The person may be an epileptic and the dog may be a seizure alert dog, for example.

There is NO “proof” required.. you are not allowed to ask about the person’s disability or health issues either.

Pretty much all you are allowed to ask is “is this a service animal”.. if the animal is posing a hazard (growls, snaps, peeing inside, etc) the person can be asked to remove the animal.

Answer by Leigh
Your friend needs to ask his lawyer to explain the law to him-he needs to understand his rights and responsibilities, and he needs to make his employees aware of their responsibilities, as well.

Your friend, as a cafe owner, likely does not have the ability to assess telepathically whether a person has a disability. He has no right to demand proof of disability nor ID for the dog.

Answer by lil_farfa
Oh Wow! The misinformation being given never ceases to amaze me.

According to the ADA, NO proof, ID, vest, or anything is required. A business can ask two questions, 1) Is this a service dog necessary for a disability? 2) What is an example of a task the dog is trained to do to mitigate the disability.

Here is a link to the business brief put out by the DOJ to explain the law to business owners:
https://www.ada.gov/svcanimb.htm
https://www.ada.gov/qasrvc.htm

If the dog is fully trained, then absolutely no ID is required because federal law trumps state laws. States can, however, require ID of some form for dogs in training.

Also, many disabilities are invisible. This means that you can not tell by looking at someone if they are disabled or not.

ETA:

It DID go to court a long time ago with Wal Mart (and others). In fact, Wal Mart is now on probation with the DOJ. You know those big blue signs in the windows now that say “service dogs welcome”, thats a result of the lawsuit that Wal Mart LOST!

Service dogs DO have to be trained and those website that sell certification are a SCAM. Buying paperwork from them does NOT make a dog a service animal, and does not make it legal. In most states, it is a crime (felony) to say your dog is a service dog when it is not (or if you are not disabled), and carries a penalty of fines, jail time, and loss of your social security when you would otherwise be eligible.

Answer by melissa_n_mitchell
Your Friend can ask three questions according to the Department of Justice:
1. Are you a person with a disability( as defined under the ADA)
2. Is That a Service Dog?
3. What Tasks is the animal trained to perform?
See link 1
Unfortunately the only way to enforce the ADA is through suit. Your friend is running a business and needs to know applicable laws. Service dogs are not required to wear vest or have some sort of ID, though most do. Your friend can exclude a dog service dog or not for the reasons outlined in the link

Answer by Pearl
There’s a difference between not providing proof and not being disabled. If the person admitted they were not disabled, then legally it was not a service dog. However, he was correct that under the ADA business cannot require proof of disability or proof of training as a condition of allowing a person claiming a dog as a service dog to use that dog in an eating establishment.

Some disabilities may not be apparent by just looking at a person. For example, I have a brain injury and seizures. Unless I’m actually having a seizure, it won’t be obvious to the casual observer that I am disabled. Such disabilities are called “invisible” disabilities.

“Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.”

and

“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.”

For more information on the issue of service animals in places of business, review this publication by the US Department of Justice:
https://www.ada.gov/svcanimb.htm

Or contact the Department via their toll-free ADA information line at: (800) 514-0301