11.21.08

Welcoming Guests Accompanied by Service Animals (Part 1)

Posted in Health and Safety at 7:52 pm by Frank Petrosino

 By Frank Petrosino

 As the sun starts to set on what was a beautiful winter day, a man and woman walk into your restaurant and ask for a table for two.  The man is carrying a cute, white ferret.  Even though you like ferrets, you know that Vermont’s health regulations for food service establishments prohibit (with certain exceptions) live animals to be brought into the restaurant.  You welcome them with a bright smile and politely inform them that the ferret is not allowed in the restaurant.  The man who is holding (and now gently petting) the ferret counters with, “oh, but this ferret is my service animal.”

What is a service animal?
Under regulations issued under the Americans with Disabilities Act of 1990 (the “ADA”), a service animal is any “animal individually trained to do work or perform tasks for the benefit of an individual with a disability ….”  Obvious examples are seeing eye dogs and dogs that alert individuals with impaired hearing to intruders or sounds.  Less obvious examples are service animals that provide those with emotional or mental illnesses (which are “disabilities” under the ADA) the support needed to overcome the obstacles created by such emotional or mental illnesses (e.g., the ability to go out of the house alone).  Service animals that can be trained to provide such support include (but are not limited to) dogs, cats, ferrets, and monkeys.         

In order to qualify as a service animal, the animal must be trained “to do work or perform tasks.”  There is no requirement as to the formality or the extent of the training.   Professional training by certified trainers is not a requirement of the ADA and is not a requirement under Vermont law.  Training by the owner is totally acceptable. 

“No Pet” Policies
It is very important to understand that a service animal is not a pet.  Consequently, even establishments with a “no pet” policy cannot exclude service animals from their establishments pursuant to such a policy (you can, of course, still enforce such policies against pets).  Furthermore, those establishments with “no pet” policies need to make sure such policies explicitly provide that service animals are not covered by such policies.

Permalink