estaurants and bars should make sure front-of-house staff understand the rules governing service animals under the Americans with Disabilities Act and New York law.
When it is not obvious that a dog is a service animal, staff may ask only two questions:
* “Is this animal required because of a disability?”
* “What work or task has the animal been trained to perform?”
Businesses cannot ask about the person’s disability, require documentation or certification, ask the animal to demonstrate its task, or require a service-animal vest or ID. Service animals generally must be permitted anywhere customers are allowed, including dining rooms, bars and outdoor seating.
Importantly, emotional support animals are not considered service animals unless the animal has been individually trained to perform a specific task related to a disability. A service animal may generally be asked to leave only if it is out of control and the handler does not regain control, or if it is not housebroken. Even then, the guest must be allowed to remain without the animal.
Restaurants and bars should consider reviewing these rules with hosts, managers and other front-of-house employees and establishing a consistent process for handling questions or disputes.
Fox Rothschild has prepared a practical guide and staff checklist for NYC restaurants.
