Legal Question in Disability Law in California

Re: Emotional Support Dogs in Restaurants

Below is a brief explanation of the ADA rules on service animals which your mgmt and staff need to learn.

Unfortunately, you can't demand credentials on the dog or person, and can't deny access for people who describe legitimate disabilities recognized under the ADA. 'Emotional support' is not a clearly specified purpose nor a 'task it is individually trained for', however any denial of service risks claims and lawsuits; use best judgment on decisions. Just because the outrageous customer isn't right and can't win a lawsuit doesn't mean he won't try. Your described situation of people wanting animals up at eating level is probably not acceptable [certainly not to other customers]. Generally, the animals would have to be moved under the chairs on a lease, and make no problems for anyone.

"Service animals are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. They are working animals, not pets. Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos. Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability. People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by their service animal. A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others. In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.

Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.

A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.

Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals."