One of the best parts of having a service dog is that they can accompany you out in public. Whether you want to walk down a sidewalk in the city or hang around outside at your favorite park, service dogs can usually follow you anywhere – even on public transportation. That said, you may be wondering if restaurants and other indoor establishments can prevent your service dog from entering the premises.
So, can a restaurant refuse a service dog? In this article, we answer that question and everything else you need to know.
What Is a Service Dog?
A service dog is a unique dog that’s trained to help someone with a specific task. According to the Americans with Disabilities Act (ADA), they’re defined as guide dogs, signal dogs, or other dogs that are individually trained to provide assistance to someone who has a disability (physical or mental).
Service dogs are working dogs and enjoy protections under the ADA, Air Carrier Access Act (ACAA), and the Fair Housing Act (FHA). These acts offer service dogs protection in public spaces, in homes that aren’t usually pet-friendly, and even on airplanes.
Can a Restaurant Refuse a Service Dog?
No, restaurants can’t refuse a service dog, according to US Service Animals. While restaurant owners may be able to clarify that you have a service dog, that’s about all they can do.
The only time they can refuse a service dog is if the dog is being disruptive. In other words, if the service dog is misbehaving, barking too much, or endangering other guests, the restaurant can have you and the service dog removed.
That said, this is rare, and in most cases, a well-trained service dog shouldn’t have any issues in a restaurant.
Can a Restaurant Refuse an Emotional Support Animal?
Unlike service animals, emotional support animals (ESAs) don’t have the same protections under the Americans with Disabilities Act (ADA). While they’re protected under the Fair Housing Act (FHA), restaurants and other public or private venues don’t have to allow your dog to enter.
Therefore, we recommend calling ahead if you have an ESA and not a service dog. Thankfully, many restaurants are understanding and have outdoor areas you can enjoy.
Reasons a Restaurant Can Refuse a Service Dog
There are only a few circumstances in which a restaurant can refuse a service dog. We explore some of these rare situations below.
The Service Dog Is Not Under Control
One of the few reasons that a restaurant can refuse a service dog is if the service dog isn’t under control. If the service dog is barking at other people, running around the restaurant, or even peeing indoors, restaurants have the right to remove the service dog.
In these cases, you can always remain in the restaurant without your service dog, but it usually leads to both you and the service dog leaving the restaurant. Plus, it’s not exactly a good idea to leash your dog outside and spend a great deal of time without them, especially if they’re trained to help with a disability.
Endangering Other Guests
Service dogs that pose a threat to other guests may also be removed from a restaurant. If your service dog is barking at people and scaring them, nipping at people, or acting aggressively, restaurant owners have the right to remove you and your service dog from the premises.
What’s more, restaurant owners aren’t responsible for your dog’s behavior. Therefore, you may want to make sure they’re well-trained before you even decide to bring them out.
Can a Restaurant Refuse a Service Dog? Our Final Thoughts
So, can a restaurant refuse a service dog? While it’s possible for a restaurant to have a service dog removed for misbehaving and bothering others, this isn’t the norm. While it’s rare, service dogs that harm others or pose a threat to other guests may also be removed.
In most cases, you can enjoy a meal with your service dog at any restaurant in the United States, thanks to protections under the Americans with Disabilities Act. That said, just make sure your service dog is well-trained, and you shouldn’t have any issues bringing them to your favorite restaurant.
