Here’s an interesting one: A customer walks into your business with a service dog. Is that okay with you?
Why not, right? First of all, dogs are awesome. Besides that, it seems like dogs are everywhere nowadays, and service dogs are growing in number. When traveling, I’ve had a dog as a nearby seatmate on numerous flights, and I often see people walking around town with service companions. And yet this is not just about service dogs. It’s also not uncommon to be greeted by a dog when I visit a client. Some companies—like Amazon—openly allow their employees to bring their dogs to work.
Dogs are more and more welcome everywhere, right?
Well, not exactly. One business in Colorado turned away a customer because he had what he claimed to be a service dog with him—and didn’t have the paperwork to prove it.
“She [the dog] helps me with my conditions,” the customer, a veteran who suffers from post-traumatic stress disorder, told the local television station, NBC Channel 11. “It’s just an important relationship.” So what was the problem?
The problem was that the business served food—and customers were complaining to management about the dog’s presence—so the owner took action. Unfortunately, state law in Colorado wasn’t exactly on her side. The law states that service dogs are allowed in restaurants (but, even though their manners are likely better than those of many people I’ve seen eating out, they’re still not allowed to actually sit at the table).
The problem was the lack of paperwork.
The owner contended that there was no indication that the dog was a service dog. But here the rules were not on her side either. Colorado regulations only require the owner to ask and rely on the customer’s response. “There’s no documentation required; it does not need to be present with the service animal,” a state official said in the television report. It is, however, a crime in Colorado if someone misrepresents an animal as a service animal.
Business owners in the state do have some recourse. If any animal, regardless of its status, acts aggressively or attacks someone, the animal and its owner can be asked to leave. This was not the case here. Bottom line: The customer was within his rights.
What are the specific laws around service animals?
Let’s clear up some confusion. First off, there’s a big difference between service dogs and emotional support animals—which may also be referred to as therapy or comfort animals—when it comes to the law.
Service dogs are trained to help with specific tasks directly related to a disability—whether it’s a physical, sensory, psychiatric, intellectual, or other mental disability. Say you’re visually impaired. Your guide dog would have to be trained as your ultimate travel tool, helping you cross the street and get you where you want to go—safely. Or maybe you’re a vet who suffers from PTSD and your service dog would be trained to make sure all the lights are on and sniff out a room to make sure you’re safe from danger.
Under the Americans with Disabilities Act, also known as the ADA, a service animal has the right to accompany their owner into any establishment, even if there is a “no pet policy.” Service animals are not pets. Yet, although you may have a disability, a doctor’s note does not make a service animal—your pup has to be trained to help you with all the things you can’t do because of your disability.
On the flipside, emotional support, therapy or comfort animals don’t require training: Their presence is a psychological benefit to their owners and is not covered under federal law. Fluffy the Cat—or any other animal providing emotional support—can’t be considered a service animal.
You’ve also probably heard the stories about fake service animals with documentation you can easily buy on the internet, or animals wreaking havoc in a shop. Fact: Federal law does not require certification or registration to prove the dog is a service animal. In fact, the U.S. Department of Justice is familiar with the fake documents sold online: “There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.”
If you’re a business owner, you might think you have the right to ask for paperwork.
False.
Business owners can ask only two questions: whether the owner is disabled, and what tasks the dog has been trained to perform. However, if the disability is pretty obvious, you can’t ask. For example, if a dog is guiding someone who is blind (or has impaired vision), you can’t ask the two questions. You also can’t ask Fido to prove his skills or grill the owner about the nature of their disability. And you definitely can’t issue them a surcharge for walking into your store.
What rights do you have as a small business owner?
The individual handler is completely responsible for the behavior of their service animal and any attacks the animal makes. If their service dog wreaks havoc—out-of-control barking, jumping on people, running away, growling, etc.—and the owner doesn’t control the animal, you as the business owner have the right to deny access to any animal that disrupts your business or poses a direct threat to the health and safety of people in your place of business.
- What if the service dog damages property? If your establishment normally charges people for the damages they cause, you can charge the owner of the service animal for any damages that occur as a result of the animal’s being in your shop.
- What if people are allergic to or afraid of dogs? Sorry, no dice. You as the business owner have to accommodate the service dog with ample space for the dog and patrons who may have allergies or phobias.
I’m a dog owner and don’t mind seeing dogs on planes and at clients’ offices. In fact, I think it’s fun, and it makes me smile. But I get that some people don’t like this—they may have fears, allergies, or just prefer not to be around animals while they travel, eat, work, or shop. In the end, dogs are dogs.
Even Amazon requires its employees to get permission from both managers and their teammates in their immediate work area in order to be allowed to bring their dogs to work. The company also requires vaccinations and has its own set of etiquette rules for both dogs and owners that require the owner…sorry, the dog…to be housebroken, well behaved, social and healthy.
Should you allow dogs in your small business?
When it comes to your customers, you need to be familiar with your state’s laws, particularly as they apply to service dogs. Most I’ve found are similar to Colorado’s. And know that while state laws may be slightly different, all states have to comply with federal laws. To find out the specifics of state laws, head over to your state website and search for rules under the ADA. Or you can Google “service dog laws in [your state].”
For your employees, it’s all about the workplace, but know that bringing Fido into the office is different from someone who requires the presence of a service dog, which has to be accommodated under the law.
If we’re talking about pets, have a conversation with your employees and set rules for your business, modifying them when appropriate. It’s not fair to make anyone feel uncomfortable at their job, so ask first. Do a test period. Come up with a policy similar to Amazon’s. And always reserve the right, as the business owner, to override your policy if you feel there are safety or happiness concerns.
But, if all goes well, then sure—let ’em in. There’s no better way to bring a little happiness into your office than to introduce a friendly dog.
View Comments (267)
Are we as business owners totally powerless when someone has falsified documentation regarding their dog's designation as a service animal? The dog in question belongs to an employee who said she needed the dog to accompany her to work 1 afternoon/week..... She provided a letter from a mental health professional that obviously falsely stated the dog's training. We are located in Florida, and we have a strict no pets policy. Are we unable to ask any questions? Are we required to accept the situation even though we know it is based on false pretense?
All well behaved dogs on leashes are welcome in my business. As with rude humans, I have the right to refusal, for anyone at my business. I speak dog more fluently than human.
Love this! We have collies. Wonderful service animals!
This is an ADA mess. Run a Bakery and Cafe. At the start we asked people if their dog was a service animal, most would lie and say yes, on to question #2 And what service is it trained to do (I would offer up so we could jump in if the dog didn't perform the task) When you are told, it goes in circles? At that point we gave up. People lie, So now we figure its ADA problem to fix as there is no documentation or license. I understand that from the person who actually needs a service animal, you don't want to put them out more by having to carry paperwork around.
But the one I stop at and will kick people out for is
1) Feeding the dog from the table or their food
2) Putting the dog on any of the furniture - Lap, floor or holding them is all they are allowed
3) If the dog relieves themselves in the shop or barks
But even then people claim they will sue me, Me knowing the ADA law, I have yet to be sued because they put fluffy on the couch and not their lap is against the ADA rules. I usually shame them by saying they know the ADA law and know that animals are not allowed on the furniture.
My granddog gets to come with me to work a couple of days during the week. I do tell people, and there is a sign in my window that a dog is on premises. Most clients are fine with it, but for a handful, I offer to put her in another room. I feel that a dog is part of your family he should be able to go with as long as they are calm and good. No jumpers, barkers, beggars, or ify dogs should be allowed in a store. Also, they should not go indoors in a food setting.
My physical therapist had a problem with a client who said she had a service dog but it was not. It was dirty, jumped all over people and did not act like a service dog. He felt powerless in this situation as he was afraid she would "sue " him if he told her no. He finished her treatment and when she called for different matter, he told her he was full and no longer accepting patients. I truly support true service dogs. But people who claim their dogs are "emotional support" make me mad. They ruin it for the people who really need these dogs. I wish the federal law would require all documentation of true service animals so all these small business would not be so vulerable to those who do not wish to leave their dog at home.
I worked at an insurance agency where the owner brought his dog to work. He was extremely well behaved. He followed us into the kitchen at lunchtime. I was not offended or grossed out by the dog.
Nowadays, so many people are triggered on stupid things. Its simple - if you are alergic or dont want to be around the dog, just let someone know and I'm sure they will accommodate you. I think this is so whole subject is ridiculous and people just need to stop debating stupid crap. Bring your dogs to me, I love them all. Dogs are so much better than most people I know.
Most of us work from home so yes I have cats and a dog in my home while I work. Our office is too small to accommodate a larger animal but a service animal is allowed when a patient does need to be seen in person.
I would like to address those who claim sever allergies and the expectation that the entire would bow to your allergies. As someone who is also severely allergic to a multitude of things I am appalled. This is YOUR allergy it is up to YOU to deal with it.
I am severely allergic to grass and break out in hives and have shortness of breath every time my neighbor mows. I have to leave when my own lawn is mowed. Do you really think the city is going to stop writing tickets for long grass because it causes me to have breathing problems? Do you think all my neighbors should pay tickets because the grass pollen makes it hard for me to breath? The answer is no, no one accommodates my allergies because they are MINE. I eat antihistamines by the bucket load wear mask all spring, carry an inhaler and sometimes I still get triggered.
I have learned that the world does NOT revolve around my allergies. It is up to me to deal with them.
Good clarity for laws on dogs for business owners.
I once worked at a job with a satellite office with no dog policy. The office space was 25x25 open floor plan 20 people. 3 dogs came and sat near owners. Eventually lunch came and dog owners left. I stayed to eat lunch at my desk. The dogs would surround and beg. Dog owners found that cute. I did not. When an employee would sneeze the whole room would erupt in 20 seconds of loud barking chaos. The dog owners thought that was funny. I found it deeply unsettling. UPS would knock on the office door, barking would erupt, dog owners found that funny. I found that deeply unsettling. I finally spoke privately to corporate HR office to inquire of a dog policy, seeking relief. HR instructed the remote satellite office manager that they must follow corporate policy of dog day was every Friday (not every day), and at most 3 dogs at one time could be present and must be supervised by owner or another designated person. This office
Manager communicated whispers to the dog people that I had created the “problem”. Soon my code wasn’t getting reviewed by coworkers in a timely manner - the dog owners, and eventually, without timely reviews, code wasn’t merged and deadlines missed. I was let go. Completely sandbagged by the dog owners who were unhappy about a stricter change to the dog policy.
Reading the comments in this thread reminds me of majority (not all) of dog owners I’ve met at numerous times and places including offices, parks, and public hiking trails…. The owner believes everyone loves their dog as much as they do. As the dog is sniffing my crotch, or jumping up on me, or barking in my face, wagging their tail, I’m supposed to be just as excited as the dog! If I hesitate or even try to avoid this doggy welcome in any way, the dog owner always insists their dog is friendly, won’t harm me, or just loves to greet people. Somehow that is enough reason to justify why I should enjoy this behavior. I’ve never heard a dog owner say “I’m so sorry for allowing my dog to invade your personal space and dirty your jacket.” Never once have I heard a dog owner take responsibility for allowing the dog off leash to come running towards me at high speed, or allowing it to bark at me like I was an intruder on public property. Anyone who objects to these energetic dog greetings by their 4 legged god, I mean, dog, must be the problem. It can never be the dog owner’s concern. They share no responsibility.
Honestly if any dog owner reads this I hope instead of thinking hate thoughts, perhaps they might think differently. Perhaps they might think not everyone wants this type of invasion of personal space by their dog. Perhaps they will think maybe I should ask this stranger before assuming. If a stranger wants to pet their dog I’ve often heard them ask the owner. Let’s make this reciprocal. If I don’t ask to pet your dog, then maybe I don’t want you to let your dog run up to me and hassle me with an energetic greeting. The worst are the dog owners who let their dogs off leash and don’t monitor the dog behavior. Countless times I’m hiking and a stray unattended dog approaches me and starts barking at me or jumping on me, 20 seconds later the dog owner rounds the corner and gives me the “oh they are very friendly or won’t hurt you
Like cut it out! Not everyone enjoys this encounter. Some have allergies, some have fears, some have past traumas from aggressive dogs. Everyone is different. Be respectful of other people. Even if 9 of ten people enjoy it, be respectful of the 10th who does not. If you don’t know, ask first.
I have to agree with you. It also applies in reverse. I have three GSDs who normally don't bother anyone. One of them does not like to be patted or touched by humans he does not know. So many people just start to pat them without asking if its ok. Or let their kids pat without asking first.
What if an employee brings a dog (not a service or comfort dog) to work (retail store) and the dog bites a customer. Who is responsible for paying for the medical bills?
The owner of the dog and the business owner. Is going to be two separate lawsuits if they want more money. The owner of the dog for not taking care of their pet, and the business for letting the employee bring the dog.