There was a time when no pet was welcome in restaurants. Nowadays, it's quite the opposite. BringFido estimates that there are around 78,873 dog-friendly restaurants in the United States. Many more are friendly to service animals, but some people, unfortunately, take advantage of that.
One couple brought their service pet to a restaurant, but it soon became clear that the animal is not well-behaved. When the dog began jumping on one of the servers, another decided to intervene. She knew the restaurant's rights regarding service animals, so, she wasn't afraid to call out the couple.
A couple came in to a restaurant with a service dog, but the animal behaved awfully
Image credits: Brian Wangenheim (not the actual image)
One server then surmised that the couple is lying about the dog being a real service animal and kicked them out
Image credits: EyeEm (not the actual image)
Image credits: dnepr.photo (not the actual image)
Image credits: Sandra Seitamaa (not the actual image)
Image credits: sheabutterbeb
Business owners have the right to ask owners to leave if their dog is not under control
This story illustrates how there might be a growing number of people abusing the regulations around service animals. More and more restaurateurs and servers may be facing customers with fake service animals, so, how do you spot a true service animal?
The ADA describes service animals as those who can provide tasks such as leading the blind, pulling a person in a wheelchair, alerting a person with a seizure disorder, providing balance and stability, or even searching a room for a person with PTSD.
They make an important distinction that a service animal is not a pet. So, emotional support animals, therapy dogs, and so on, aren't considered service animals and don't have the privileges.
To know if an animal is a service animal, business owners and employees can enquire about it. But, just as the author clarified in the comments, they're not allowed to ask what kind of disability the person has, ask for proof, a vest, or an identifying tag, and can't ask the dog to perform the tasks he's trained to perform.
"If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity has the right to ask that the dog be removed," the ADA clearly states. If the dog disrupts the business or poses a threat to other customers or staff, it's lawful to ask them to leave.
Image credits: Getty Images (not the actual image)
Many people, unfortunately, take advantage of the privileges that folks with service animals get
When a restaurant has a "No pets" policy, claiming that your pet is a service animal prohibits the business owner from asking you to leave. As businesses can't refuse entry to people with disabilities who have real service animals, some people might take advantage of this loophole. A "No pets" policy on its own is completely legal, but it doesn't allow exclusion of service animals.
Some pet owners who live in rental housing might falsely claim that their emotional support animal or pet is a service animal. Under the Fair Housing Act, only people with disabilities can have pets if their landlord has a "No pet" policy. If the tenant lies that their pet is a service animal, the landlord cannot kick them out or ban them from having a pet.
Some U.S. states have passed laws that penalize people taking advantage of the service animal laws. Punishments vary from $25 to $1,000 fines to community service and even jail time. In Michigan, claiming your animal is a service animal when it's not can get you up to 90 days in jail. In Alabama, pretending you have a disability to get around your landlord's "No pet" policy can cost from $500 to $3,000 in fines.
Pretending to have a service animal is also very damaging to people with disabilities who rely on their service animals for real. Just like the author argued, unruly fake service animals create a false stereotype that all service animals misbehave.
In reality, fake service animals can cause problems in public places where real service animals, who are trained to be calm and respectful, might get attacked by an untrained, fake service animal, causing injuries and maybe even fatalities.
Image credits: Anastassia Anufrieva (not the actual image)
In the comments, the server clarified how restaurant staff can address potentially fake service dogs
The story sparked debate in the comments with people calling for better regulations of service animals
