DOGS DO NOT BELONG IN GROCERY STORES! OR, RESTAURANTS
This is a really (REALLY) long post. I just couldn’t make it smaller. Please bear with me. And, you need to know – it IS A RANT!
Today, at the Safeway on Downing and Evans, as I entered the store, a younger woman with a dog on a leash sailed through the door. Small dog. Not the size of the service dogs that I’m accustomed to seeing. When I got back to the pharmacy area, there she was. I said to her that she should not have the dog in the store because it is not a service dog. It is very small. It didn’t look as though it had been trained to do anything special for her. And, it had been barking at people.
Of course, there was an argument. During the time, I know that my voice was getting very loud. That didn’t help any. Some woman told me to stop yelling at the younger woman. I said I would not and for her to butt out. Not a pretty sight.
When I got home, I looked for the federal rules. There were, at one time, very specific rules about what is and what is not a service dog. Emotional support dogs were not considered service dogs. Now, it seems that there is a muddling of definition.
SEE IF YOU HAVE THE FORTITUDE TO FIND THROUGH THESE RULES – AGAIN, FROM A NON-GOVERNMENTAL ORGANIZATION BUT BASED ON THE REAL ADA.
So, what is the current ruling? My experience with service dogs is that they are large enough to carry on their duties. They do not bark at people. Is an emotional support dog a service dog? Does this young woman have the right to bring her little barking dog into the grocery store?
I understand that some service dogs learn to identify certain pending health problems – seizures, heart attacks, and the like. Where do they fit in the scheme of service dogs?
I found some definitions and rules on-line (of course), but can’t really state that they are actual federal and/or State of Colorado rules and regulations. Since they seem to be the only rules I can find, I will talk about them, here. The rules seem somewhat legitimate. This information is from an association (not federally sponsored) – Assistance Dogs of America. You will see that the acronym for this organization is ADA – the same as the American Disabilities Act. No coincidence, I’m sure.
They provide a definition of “service dog,” and “emotional support animal,” or ESA. Most of what is below is simply a “cut and paste” from their website. You can always tell my additions by the brackets [ ], which represent me talking.
So: What Is A Service Dog? Service dogs assist those with impaired mobility, vision, or other disabilities and are trained to aid with specific task(s). Their people have the following conditions: Difficulty with mobility, paralysis, diabetes, asthma, autism, depression, bipolar disorder, panic attacks, post traumatic stress disorder (PTSD), speech difficulties, social anxiety, epilepsy, blindness, deafness. Service dogs are usually trained to assist in specific task(s) [but not always].
Emotional Support Animals (ESA) aid others [who are affected by] general anxiety problems or during stressful events like airplane flights. They may be anxiety disorders, panic attacks, social phobias, and post traumatic stress disorder (PTSD). [These] anxiety difficulties may be related to stressful events like airplane flights. [panic attacks, social phobias, post traumatic stress disorder (PTSD).]
ESAs are allowed in airplane cabin for free (as of Jan 2021, airlines are no longer required to accommodate ESAs but many still do), allowed into housing units that forbid pets, and are protected by federal laws. [However,] ESA laws are changing quickly [particularly, those related to airline policies].
Although the ADA (the Feds?) does not require any special equipment (clothing, or patches) to identify these animals as service animal, this organization strongly encourages that the animal be identified in this way. Perhaps, an ID card that is visibly displayed (clipped to the harness or leash), as well.
And, although these are very limited circumstances, the establishment may ask store personnel may ask the owner to take the dog away. For example, if a disabled handler is not adequately controlling or attending to a misbehaving service animal (who is barking, unruly, defecating or urinating in the area, etc.), the handler may be legally asked to remove the service dog. Although hospitals, medical or dental offices, and other healthcare provider sites, as places of public accommodation, must permit the use of a service animal by an individual with a disability, they may enforce “no pets” policies in certain areas (such as operating rooms) if they can show that permitting service animals in would result in a fundamental alteration or safety hazard to those areas. For example, if appropriate medical personnel can show that the presence or use of a service animal would pose a significant health risk in certain designated areas of a hospital, then service animals may legally be excluded in those areas. Similarly, zoos must modify their policies to permit the use of a service animal by an individual with a disability unless the animal creates a fundamental alteration or safety hazard. Zoos have debated the effects of service dogs in particular being perceived as predators by the resident animals and stressing the animals. Exclusion of a service animal must be based on fact, not assumptions. Because zoo animals are exposed to multiple stressors (behavior of visitors, loud noises, etc.) the exclusion of a service animal from an area would have to be supported by actual evidence – not simple perceptions or assumptions.
If your dog is Service Animal, businesses MUST allow both of you to enter. This is true even if you have no photo ID card, Service Dog patches, or any other identifying information. Having your Photo ID Card and any other identifying patches, etc., will make entering a business question-free 99% of the time. You are responsible for the training and manners of your dog while in public, however, and if your dog is barking in a theater or restaurant or otherwise being disruptive, the owner of that establishment can legally ask you to either leave or to remove your dog from the business. Does a Service Dog require professional training to be registered?
By definition, a Service Dog/Animal is trained to perform tasks assisting someone who is disabled, that training can be completed by anyone, anywhere. Training does not need to be facilitated by an expert or professional trainer. Many people have trained their own animals or have been assisted by friends and family, and there are numerous resources to help the home trainer. Most important is that the training enables the animal to 1) perform the tasks required to assist its disabled handler, and 2) be well controlled in public.
What can a business ask or require when a person is accompanied by a Service Dog? By law, public entities (businesses and their representatives) are allowed to question a disabled handler to verify that they qualify to enter with a service animal. [And, I wonder how they do this.] Although the questions may take a wide variety of forms, they are limited to the following. First, the handler may be asked to verbally confirm that he is disabled and that the dog is his/her service dog. The public entity, may NOT ask about the person’s disability, however. Obviously, this is an easy question to answer. [Excuse me – autism is an easy question to answer? PTSD? Emotional disturbance? Depression? I think not!] However, it maybe asked as such: “So you are disabled and this is your service dog?” [And, how does the interrogator know that the answer is true? And, if the answer is the animal provides emotional support for me while I’m in your store. What then?] Second, the handler may be asked what major life task the animal is trained to perform for the handler. The handler should be able to provide credible verbal evidence to this question. If the handler hasn’t rehearsed the answer so it flows smoothly or the answer isn’t credible, then they may be denied. [Is it possible to rehearse a lie?] For example, if the handler explains that his dog carries his insulin or candy for him because he is diabetic, that isn’t a credible (major life) task. Why? Because the handler has pockets, can wear a fanny pack, or carry a bag to hold the insulin, etc. The answer must support the need for the service animal, based on the criteria of the ADA.
Here, it seems to me are some credible examples. “What task does your dog perform specific to your disability?” Sample answer: “At the onset of a seizure, he’s trained to alert my wife or otherwise bring attention to me if I’m in a public setting.”
However, a public entity MAY NOT ask for registration or certification documents, ID cards, a letter from a physician, and may not require that a service dog wear a harness or vest with service animal insignia (although most wise handlers will make sure their dog is appropriately attired and easily identified as a service animal).
Although businesses are very limited in what they can ask and require by law, that doesn’t mean that every business or its representative actually KNOWS or obeys the law. They may believe they know what they are allowed to ask and request, yet inadvertently break the law. It is paramount that a disabled handler with a service dog actually knows what the law is and be able to articulate it.
There is yet another category of animals. What is a Companion Animal/Dog? The term “Companion dog” usually describes a dog that provides only companionship as a pet, rather than performing useful or necessary tasks. Companion dogs, since they are considered only pets, have no protections under the ADA.
The Federal laws that protect Emotional Support Animals and their handlers (the Fair Housing Amendments Act of 1988, Air Carrier Access Act 49 U.S.C. 41705, and Dept. of Transportation 14 C.F.R. Part 382), neither specify nor exclude any animal species or breed. Common sense should prevail, however. For example, although property managers are required to make a reasonable exception to the rules to accommodate a person with an ESA, the justice system would side with the property manager who rejects a tenant who wishes to have a mule as an ESA living inside the apartment. Similarly, airlines may require any animal that is too large to sit between the knees of the disabled passenger and the seat in front of him/her to be crated and transported elsewhere in the plane. Common ESAs include dogs, cats, birds, mice, rats, hedgehogs, rabbits, snakes, miniature pigs, monkeys, and more. [Really! Snakes? Rabbits? Pigs!!! These animals are ridiculous. Who cleans up the bird’s poop?]
This right takes precedence over all state and local laws which might otherwise prohibit animals in those places such as Stores, Malls, Restaurants, Hotels/Resorts, Airlines, Cruises, Taxi cabs, Buses just to name a few. [Restaurants?? Do we know where these dogs’ paws have been? How much poop is left in the long fur on their back legs? When the handler of the animal allows the animal to sit on a lap and touch the table top (as I observed at a Denny’s restaurant in my city) – is this clean and appropriate? And, yes, my dogs always had access to my kitchen. They did not sit on my lap. They did not even put their paws on the table. I knew where their paws had been.
Any size or breed of dog can be an emotional support or service dog, emotional support dogs do not have to be professionally-trained to perform any task. [So, this tiny, thimble-size, yappy dog at the Safeway store can be an ESA?] Service dogs can be trained by their owners or in any other manner the owner desires. [I think my friend who trains real service dogs might disagree with that.]
Here, again, is a list of reasons that an service dog might be helpful: someone with asthma (or other breathing problems); allergy alert; blindness (& partial blindness); cancer; deafness (& partial deafness); cardio vascular; stroke; diabetes; dizziness/balance problems; epilepsy; general hearing difficulty; mobility problems; neurological problems; paralysis; physical weakness; speech problems; seizures; general medical alert.
And, here are repeated the reasons that an ESA might be helpful. They provide comfort and support in forms of affection and companionship for an individual suffering from various mental and emotional conditions. Most common reasons for an Emotional Support Dog/animal are: anxiety; depression; bipolar disorder; mood disorder; fear/phobias; post-traumatic stress disorder (PTIS); suicidal thoughts/tendencies; adjustment disorders; generalized anxiety disorder; social anxiety disorder; panic disorder; separation anxiety; dissociative disorders; factitious disorders; eating disorders; impulse-control disorders; mental disorders due to a general medical condition; neurocognitive disorders; mood disorders; neurodevelopmental disorders; personality disorders; psychotic disorders; sexual and gender identity disorders; sleep disorders; stress somatoform disorders; substance-related disorders.
ESAs are not required to be trained or perform any specific task.
Therapy dogs are dogs that are used to bring comfort and joy to those who are ill or under poor conditions, such as those who have been affected by a natural disaster. Many people are able to connect with dogs and feel the love that they provide, and this has a therapeutic effect on them. Therapy dogs are generally very calm and well-behaved, so that they do not upset or make uncomfortable those around them. Therapy Dogs do not require any specific training.
Companion Dogs
A companion dog usually describes a dog that does not work, providing only companionship as a pet, rather than usefulness by doing specific tasks. Many of the “toy dog’ breeds are used only for the pleasure of their company, not as workers. [This is the size dog that was in the grocery store.] Any dog can be a companion dog, and many working types such as retrievers are enjoyed primarily for their friendly nature as a family pet, as are mixed breed dogs. The American Kennel Club also offers a Companion dog title for judged dog obedience competitions. Companion Dogs do not require any specific training.
If this store refuses to restrict animals, I’m not sure where I will shop for groceries. Do I call every grocery in the area and ask if they allow dogs (service dogs allowed)? Not sure about that.
I’ve tried to give you an idea of how to judge whether a dog in a grocery store or a restaurant may stay or should go. I’ve asked my dog-training friend for advice. I don’t know what she will say. If she writes before I post this, I’ll let you know. Good luck in working through these ideas. There is a definite muddle about this issue. How do we know? Or, will we ever be able to know? Will someone (the government??) in authority make some definite rules? Will the businesses comply? That’s a toss-up question.
Perhaps, time will tell.
Be Safe and Be Well
The Cranky Crone
Thoughtful comments are appreciated.