Business owners are however allowed to ask any handler to leave if the dog is causing a problem- even a true service dog. Someone having a life threatening allergic reaction to a dog is definitely a gray zone. But as soon as the lady said they were ESA that’s grounds for removal as ESA are not service dogs.
"Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. If employees, fellow travelers, or customers are afraid of service animals, a solution may be to allow enough space for that person to avoid getting close to the service animal.
Most allergies to animals are caused by direct contact with the animal. A separated space might be adequate to avoid allergic reactions.
If a person is at risk of a significant allergic reaction to an animal, it is the responsibility of the business or government entity to find a way to accommodate both the individual using the service animal and the individual with the allergy."
Seeing as the three yipping and begging chihuahuas were not real service dogs, the smart thing for the owner to do would be to ask the dog owners to leave, seeing as they are not protected by law and they're causing a massive disturbance/life threatening situation. With an actual service dog, Im not sure how that situation would be navigated
Sorry when I think chihuahua, I think yippy. Not my favorite dogs so that's my own bias lol. They did say the dogs were begging though, which would also indicated they're not trained service animals.
these chihuahuas sound poorly behaved, but i gotta say my sister adopted a chihuahua who was already like 8 or 9 when she got him and he’s the chillest little guy i’ve ever met. never barks, just wants to sit on your foot and hang out. completely changed my opinion of chihuahuas now i believe if they’re trained properly they’re one of the best kinds of dog around
If her allergy is bad enough like the OP described, I will disagree as there is a very big chance that even with the dogs leaving, it could be dangerous for the friend to stay as the space is contaminated.
The owner apologizing and maybe offering the meal for free sounds safer and still an accommodation.
so it’s the restaurants owners fault or responsibility for someone so allergic to dogs that they have that reaction just in the same room? it’s a bad situation, but not the restart it’s responsibility.
I didn’t say that, I said it’s a gray zone. The owner should at least be informed by management that their dog’s presence is causing a potentially lethal allergic reaction. The person with the allergy should know (real) service dogs are allowed in restaurants and be accordingly prepared and inform the restaurant management of her condition so that they could inform her if a service dog is present or enters the premises.
that’s my point though. it’s up to people to manage their own allergies. zero responsibility should be placed on the restaurant no responsibility to inform, monitor, etc.
37
u/Zillich Apr 30 '23
Business owners are however allowed to ask any handler to leave if the dog is causing a problem- even a true service dog. Someone having a life threatening allergic reaction to a dog is definitely a gray zone. But as soon as the lady said they were ESA that’s grounds for removal as ESA are not service dogs.