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.
Tell us: Do you allow animals to enter your store, office, or restaurant? If so, does this apply to service animals only, or to all animals?
View Comments (206)
The answer is NO! Pets should NOT be brought into your small business. People with life-threatening anaphylaxis and asthmatic allergic reactions to animal dander are put at risk, especially children, when offices and stores are allowing dogs inside. Every surface and item in your office or store becomes contaminated with dander (a jagged-edged protein), and people bring that dander home with them on their clothing and products or papers from your office or store. That dander can cause delayed and unexpected asthma attacks, allergic reactions, and anaphylaxis in those affected. Repeated dog dander exposure can also sensitize an asthmatic to dander allergies when they did not previously have them. It is not the "hair" or "fur" that causes the allergic reaction--it is the dander, which exits via the saliva, hair follicle, and other orifices of the dog or, in the cases of cats and birds, in the saliva and oils when they clean or preen themselves. This is also a public health issue, too, as dogs are not sanitary and leave behind saliva, hair, fecal products, fleas, and germs in addition to dander, which can affect immune-compromised people, such as people with autism. In fact, the American's with Disabilities Act protects people with asthma and life-threatening dander allergies, and you must accommodate their disabilities. How can you do this if you allow pets inside? You can't. If a genuine service dog is in the building when someone with, for example, dander-sensitive asthma comes in, you must by ADA law accommodate BOTH people: The person with the service dog AND the asthmatic. This is tricky enough with a real service dog. You make it nearly impossible when you allow pets in the building.
Are you allowed to take a small dog in a hairdresser if he or she is in a stroller in the state of Florida?
If it were me, I would call the salon and ask the owner/manager. Local policies might be different than state policies. You also need to consider what their insurance covers or not, so best to just ask directly.
Based on my research, dogs are not allowed in places where food is prepared. So unless the hairdresser has a specific policy you’re probably ok.
I have a service dog and was denied service with my friend in an Englewood, Colorado restaurant November 12, 2022. I attempted to educate on the 2 allowed questions but was told to leave that they do not allow dogs. What is the possible penalty for the restaurant?
You would need to research this both with your state and Englewood officials. Different localities have different rules. The restaurant would likely be cited for not allowing you access if there are specific rules in your favor.
As a veterinarian, we allow animals into our business. Those that may be aggressive are instructed to give some drugs ahead of time to control their behavior. We do everything we can to reduce or eliminate dog bites. By the same token, we also have to consider cats. A cat bite is more likely to put someone in the hospital rather quickly. We have a few service dogs and also therapy dogs that visit our facility. Most of these are pretty reasonable but, some owners have crossed the line to facilitate their own wishes.
We have this in Arizona...
Emotional Support and Service Animals
No pet shall be brought in or kept in or about the property. Service animals are permitted. Service animals are not pets. Service animals are allowed in offices of individuals, though not permitted to dwell in or loiter in public spaces of the office unless absolutely necessary for the wellbeing of the individual/owner.
We are not responsible for any service animal and if it becomes (or may become) a distraction or safety violation, we reserve the right to ask that animal to leave the property and/or ban it from returning.
There will be no extra cleaning or maintenance charges. However, in the event of an accident, we do ask that if you are able, you clean up after your service animal yourself. The animal may relieve themselves outside, in the back, provided that the owner picks up afterwards and it is not on any furniture. We ask and strongly encourage that all animals at this time be kept on a leash due to the high amount of other wild animals living in the desert behind, however if this impedes with the animal's task this does not apply.
Please note: Emotional support animals are not considered service animals. A service animal is defined as any guide dog, signal dog, or other animal that provides assistance to an individual with a disability.
The ADA considers any animal that fits this description a Service animal even if it does not have any form of licensing or certification.
If you would like to bring a Service animal, please be aware of the following questions we might ask:
(1) Is the dog a service animal required because of a disability?
(2) What work or task has the dog been trained to perform.
(3) Are there any other accommodations needed for you, or your animal?
We had this conversation with Health Inspectors who told us if they come in and see there are non service dogs in the restaurant they will close it down. For how long he didn't state?
He did say to ask what kind of service do they perform and emotional is not accepted. This is in California, I would think every State is different. I don't know how this started but animals were never allowed in stores, restaurants or businesses and shouldn't be, some people are allergic to animals like others to peanuts and foods.
We had a woman who brought her chihuahua dog in and said it was a service dog. It wasn’t in my opinion. It may have been an emotional support dog, but in any case the dog pooped on the floor, at which point we said “your dog just pooped on the floor. Are you going to clean it up.” They left without apologizing or anything else. We have a food store. This is why I don’t want dogs in my store. Thanks for clarifying the rules and refs.
That is really unfortunate. I have a chihuahua - as well as 3 others all the way up to a Bernese Mountain Dog so from XS to XXL - and I too would question the "service dog" aspect. Failing to clean up after any animal is beyond the pale regardless of their role or the location. I would agree that you have far more considerations than the majority of us responding given that you deal with food. My understanding is that you would be required to accommodate actual fully trained serice animals providing assistance to disabled individuals so that they could access your business but that comfort/emotional support animals would not be permitted due to health regulations. Is that not accurate?
I own my business and bring my dog to work with me daily, the employees love her. My customers are allowed to bring their pets to my business as well. It makes us all happier I believe.
Thanks for sharing, Jill!
I am always of two minds about dogs.
I own an independent bookstore, and sometimes people want to bring their dogs in. I love dogs, and don't have a problem with this. But I recognize that some other customers might be allergic, and I have an employee who hates pets and doesn't really want to deal with it (she does, as I have asked her to, but is not thrilled about it).
I always ask owners to keep their dogs on the leash, and tell them they can only stay if the dog is quiet, I have never had a problem, so far. But I would not allow employees to bring in pets.
Thank you for sharing your experience at your bookstore with pets, Beverly! We appreciate the comment!
My hairdresser's shop is a converted 3 car garage, attached to her home. Her 2 dogs are hypo-allergenic and run around in her shop almost always, unless she has a client that does not like dogs. I take my little dog to almost all of my appointments. Almost everyone asks for our dogs when they come in, if they are not already out in the shop. And all the staff loves it when I bring my little one.