Every year, as the weather gets warmer in Colorado, restaurants are confronted with the familiar issue of people bringing their pets with them into a restaurant. In Colorado, the food code doesn’t allow restaurants to permit animals inside of their restaurant unless the animal is a service animal. Because of that, it becomes the responsibility of the restaurant to determine if a dog is a service animal.
How can a restaurant determine if a dog is a service animal? Short answer, the animal must be a dog or a miniature horse. No other animal qualifies as a service animal under the American’s with Disabilities Act (ADA).
If it is not easy to identify that the animal is a service animal, the business is allowed to ask only two questions per the ADA:
1. Is the animal required because of a disability?
2. What work or task has the animal been trained to perform?
If the customer responds in a way that even seems appropriate, the restaurant must and should allow the individual in with their service dog. The customer must maintain control of the animal at all times, and must not allow the animal to contaminate any foodservice surfaces. If the animal is running around the establishment, going to the bathroom on the floor, begging for food from other customers, or sitting on the table and the owner is not controlling the animal, the business has the right to ask the individual to leave. According to the health department, if they witness an animal acting like this in a restaurant and the business doesn’t control the situation or ask the customer to leave, that would be a violation of the health code, even if it was a service animal.
TIPS FOR SUCCESS!
- DO NOT ask about the customer’s disability! Doing so could put your business in trouble.
- Inquiring into the validity of a service animal should be done by an individual who is a supervisor or a manager. Getting this inquiry wrong could put the business in trouble.
- If there is even a small chance that the animal is a service animal, act as if it is. If a business gets it wrong and doesn’t allow someone to enter with a service animal, the business will be in violation of the ADA.
- Psychiatric Service Animals ARE service animals.
- Emotional support animals ARE NOT service animals.
- Therapy animals ARE NOT service animals.
- Service animals DO NOT need to wear a vest or have “paperwork” to verify they are a service animal.
- Service animals DO NOT need to be on a leash if the use of a leash will interfere with an individual’s disability. However, the individual must maintain control of the animal.
*This information is meant to be educational and not legal advice. If you have specific questions or need legal advice on this topic, please call 303-830-2972 and we will help get you the support you need.