Q&A - Service Animals

Q: Are service animals allowed to come into the restaurant and bar I work at if there is a no pets policy?

A: Not only are they allowed to come in, they must be permitted to  accompany their owner into whatever areas customers are generally allowed.  Service animals are utilized by individuals with disabilities as defined by the American with Disabilities Act.  A business cannot exclude a service animal from a restaurant, hotel, retail store, taxi, theater, concert hall, or even sports arena without committing an act of discrimination in violation of the ADA.  Service animals are usually seen as guide dogs helping people with severe vision problems.  However, service animals also assist people with hearing impairments, pulling wheelchairs, or assisting people with mobility impairments.  The no pets policy does not apply to service animals because, according to the ADA, they are not pets.  The policy is still effective to prevent Joe from down the street  from bringing his pet ferret into the restaurant because that is considered a pet. However, the ADA requires the restaurant to modify the “no pets” policy to allow for the use of a service animal by a person with a disability.

Jonathan

Jonathan Boulahanis is an attorney in the Chicago office of Clark Hill PLC and is a leader of the firm’s Food and Beverage team.  Since Jonathan can’t cook like his Italian mother and the fast food was going to his hips, he became a self-proclaimed foodie. As an attorney, he has made a commitment to serve the food and beverage industry, no pun intended, by representing restaurants, bars, individuals, and other food and beverage businesses with various legal issues as they arise. You can reach him by sending an email to submissions@shiftgig.com.    

LEGAL DISCLAIMER:

The responses provided in this blog are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of this blog does not create an attorney-client relationship between Jonathan Boulahanis or Clark Hill PLC and the user.