Can a Restaurant Refuse a Service Dog?

The short answer is no—under the Americans with Disabilities Act (ADA), restaurants and other businesses open to the public cannot refuse entry to a person with a service dog.

What Qualifies as a Service Dog?

A service dog is a dog that has been individually trained to perform tasks for a person with a disability. This includes guide dogs, hearing dogs, and dogs trained to detect seizures or low blood sugar.

What Questions Can Business Owners Ask?

Business owners can ask two questions: (1) Is this a service animal required because of a disability? (2) What task has the dog been trained to perform? You cannot ask about the person's disability, require documentation, or ask the dog to demonstrate its task.

Emotional Support Animals Are Different

Emotional support animals (ESAs) are not covered by the ADA's public access rules. Businesses are not required to allow ESAs, though some may choose to do so.

When Can a Service Dog Be Removed?

A service dog can be asked to leave if it is out of control and the handler does not take effective action to control it, or if it is not housebroken.

Legal Support for Business Owners

Understanding disability law is important for every business owner. A Small Business Legal Service Plan gives you access to a dedicated Provider Law Firm in your province or state with experienced business compliance Lawyers who can help you understand your obligations and create appropriate policies.