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Thread: refusal of service to ayone with a service animal.

  1. #1
    Join Date
    Nov 2016
    Location
    Berkeley Springs West Virginia
    Posts
    8

    refusal of service to ayone with a service animal.

    We have seen a lot of breweries beginning to refuse dogs at their establishment. We are a busy brewpub with a full kitchen.

    We have a strict policy of not allowing dogs in the establishment, and have had this policy from day one. I want no animals in my brewery except those that we pay.

    Recently we had a woman challenge us on access with her service Chihuahua. (yes a Chihuahua). She did produce papers as well as the dog had a vest on it.

    We are a full service pub with liquor as well as being a beer producer. Can we still refuse any dog including those that wear vests and have papers?
    I feel that because we are an alcohol producing establishment as well as having a full kitchen and serve wine and liquor that we are entitled the absolute authority to refuse service to anyone including service dogs. We will not allow people with children to sit and drink while their children run around like nuts. And all children under 21 must be out of the bar by 9pm.

    What is the legal standpoint on this issue?

  2. #2
    Join Date
    Feb 2010
    Location
    Newcastle NSW Australia
    Posts
    204
    I think you have blown this out of proportion. There is no way for you to know how the service dog comforts the person. And the breed makes zero difference. As long as the dog stays by the persons side it should be allowed, this is not the same as small children being unsupervised.

    Personally if I knew you did not allow service dogs I would not visit your brewery.

  3. #3
    Join Date
    Jun 2010
    Posts
    335
    ADA as a federal law will supersede any local and state laws.

    Local health department will tell you no dogs/animals in food establishment but ADA requires you to allow any service animals who are providing service to your potential customers to help them with their disability in.

    Now you can NOT ask them what kind of service they are providing to them because you would imply they have disability = discrimination. You can not ask who train the animal and owner can train them. And you can not ask them for any paperwork. All you can ask is if it is a service animal. If answer is yes you have to let them in.

    Now let me say a few examples. Blind person and lead dogs are quite easy to spot.

    How to you spot person who’s service animals can recognize that their blood sugar dropped and they are about to go to diabetic shock?

    How do you recognize person with epileptic condition that have a service animal to let them know that the are about to have a seizure?

    And service animal can be anything. Dog of any size, cat, pig, horse... you name it.

    You can do a little research about ADA and service animals in restaurants.

  4. #4
    Join Date
    Nov 2016
    Location
    Berkeley Springs West Virginia
    Posts
    8
    Well You guys are right. Blowing out of proportion for sure.

    In the years that we have been in business we have never been presented with this particular issue. However, we have never allowed dogs inside for 2 reasons. Health department , and the possible risks with a unkown or possibly unstable dogs and potentially drunk, unstable people.

    An issue with a dog and a person could result in a law suit for me so we have made it a policy to not allow animals.

    After taking a few minutes and looking up the ada law I find that the customer did the right thing by bringing the paper work with her and explained the dog was in fact a service animal.

    I might have just asked her to leave had she not.

  5. #5
    Join Date
    Sep 2018
    Location
    Dunedin FL
    Posts
    11
    Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Mail order paperwork does not make a Service Dog.

    But since the laws state:
    ADA service dog laws will always overrule local laws. ... They are also not allowed to require any type of identification or certification documents for the dog or medical documentation from the handler. They also may not ask that the dog demonstrate what it has been trained to do.

    You really have no choice at this time but to let them in with their so called emotional freind.

    I'm lookng to buy a camel for my emotional freind. He's coming to every brewery me.

  6. #6
    Join Date
    Aug 2010
    Location
    Enterprise, Oregon
    Posts
    1,947
    I always take my emotional-support banana slug with me where ever I go. I find it's much easier than my former support animal--a 12-foot Burmese python.
    Timm Turrentine

    Brewerywright,
    Terminal Gravity Brewing,
    Enterprise. Oregon.

  7. #7
    Join Date
    Aug 2017
    Location
    Calmar Iowa U.S.A.
    Posts
    99
    Quote Originally Posted by Jay Newbie View Post
    Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Mail order paperwork does not make a Service Dog.

    But since the laws state:
    ADA service dog laws will always overrule local laws. ... They are also not allowed to require any type of identification or certification documents for the dog or medical documentation from the handler. They also may not ask that the dog demonstrate what it has been trained to do.

    You really have no choice at this time but to let them in with their so called emotional freind.

    I'm lookng to buy a camel for my emotional freind. He's coming to every brewery me.
    I have several lightly used camels for sale. Sold in lots of 12. $3000 per pallet O.B.O.
    Buyer responsible for LTL shipping. We will help load.

  8. #8
    Join Date
    Feb 2018
    Location
    Fort Wayne, Indiana
    Posts
    90
    Quote Originally Posted by Jay Newbie View Post
    Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Mail order paperwork does not make a Service Dog.

    But since the laws state:
    ADA service dog laws will always overrule local laws. ... They are also not allowed to require any type of identification or certification documents for the dog or medical documentation from the handler. They also may not ask that the dog demonstrate what it has been trained to do.

    You really have no choice at this time but to let them in with their so called emotional freind.

    I'm lookng to buy a camel for my emotional freind. He's coming to every brewery me.
    $79.99 gets you a vest and papers for any dog. Or if your crafty, you make your own in MS paint. Voila, your one legged, Amish puppy mill recovery, blind bull dog/boxer mix is now a certified service dog.

    The same people that get the online certificate are those that post one sided stories on social media that tend to go viral bashing your place of business.

    Let the dog pee on your chair leg and just hope that the dog's owner gets hit by a car some day.

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