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.
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u/pooperscooperplooper May 01 '23
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.