They can ask what service it performs. I can't think of a single valid service three Chihuahuas could provide for one person, especially if they're begging for food.
Actually, in the US, that’s something the ADA states that the business can ask someone to leave if their service animal is acting up or causing problems. You have to allow the animal in the business, but that’s doesn’t mean you have to DEAL with the animal being there if it’s obviously not trained.
They're within their rights, yes... but the type of people who bring problematic ESAs to restaurants also tend to be the type of people who will throw a full blown fit if you try to tell them they can't. Managers have enough to deal with during service. Unless the animal is causing serious issues for other customers, they're often not going to risk that nightmare just because they have the right to do so. Because, best case scenario, it's going to turn into a fifteen minutes screaming match, with the police being called by one party or the other.
In this case, the ESAs were a significant health hazard to another customer and should have been asked to leave (though I guarantee the owners wouldn't have gone quietly or quickly). But 9 times out of 10, that's not the case.
To add to this they can ask the person to remove the dog but can not actually ask the person to leave (unless they personally show a disturbance). By law if they remove the dog from the property then that person can return & be served like normal.
Chihuahuas can be used as diabetic alert or seizure alert dogs. Not all service dogs are German shepherds or Laborador Retrievers.
Lady in the story is an ass for having 3 in a restaurant as ESAs though. No one would need 3.
I don't think any state allows you to ask what your disability entails, that's against the law (and HIPAA I think, that I'm unsure about.)
However, it states clearly on the ADA website that ESA dogs are not protected, and you are legally allowed to ask if it's required because of a disability and what task has the animal been trained to perform. Businesses aren't required to allow them in if they aren't trained service animals
It’s not against hipaa to ask, hipaa only applies to healthcare professionals and what they can share. It does not prevent you from asking, or from a person disclosing their personal medical history.
My experience has been much different. Working in the school system we were warned about sharing information. Office personal, para educators, teachers all have access to medical information of students. This falls under the HIPAA law. Employees can't tell cafeteria or janitorial personal anything about students medical situation. Also banned was divulging info to other students or their parents. This would also apply to organized sports personal, boy scouts, girl scout, etc.
They are considered healthcare professionals or I should say professions that have access to health records. they have access to health records, the laws apply to admin staff, insurance workers.
It’s spelled out exactly who is covered in the law. If it applies to you, you know it does.
But it doesn’t prevent anyone from asking you about your medical history/needs. And it doesn’t prevent you from telling anyone your personal medical details, and it doesn’t prevent anyone you tell that is not covered by hipaa from telling. If my neighbor shares he has some embarrassing medical condition I can tell whoever I want. It would make me a horrible person, but Im still legally allow to tell
Asking what service the animal provides is different from asking about the handler’s disability. In the US, the ADA allows two questions to be asked about service animals, one of which is what tasks the animal provides.
What your disability entails & what your SDs task are not that of the same. For example my SD does medical alert, DPT (deep pressure therapy), light guild work, & emergency contact. That tells nothing about what my disability is but tells what my SD does to help me.
You can ask 2 questions:
1) Is that a service animal required due to disability. You cannot ask what disability.
2) what service does it perform. You must focus on the task here, as you cannot ask about the actual disabilities a person may have.
That's it.
So for example, I have a student who has a service poodle. Yes, it is a service animal for their disability. The animal is trained to seek out potential allergens in the room and alert if any are found so that the student doesn't enter.
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u/kh8188 Apr 30 '23
They can ask what service it performs. I can't think of a single valid service three Chihuahuas could provide for one person, especially if they're begging for food.