Most businesses that interact with the public have encountered an issue with service animals. Perhaps someone wanted to bring their emotional support cat into the restaurant or wanted to trot their miniature horse around the grocery store.
On the surface, it seems both of those examples would be easy to deny, but in Florida, denying the public entrance because of a service dog or miniature horse can get you into significant trouble.
But the cat?
It’s an emotional support animal and is not covered under the Americans with Disability Act
The rules on accommodating those with disabilities can be difficult for many businesses because their owners want to do the right thing, but often want to do prevent an animal from entering when it affects the overall business.
The attorneys at The Orlando Law Group can help any business that might have concerns about accommodations for service animals.
What is a service animal?
It’s important to understand what constitutes a service animal according to legal definitions.
According to ADA.gov, “A service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.”
Let’s start with the animal must be a dog in most places. In Florida, it also includes a miniature horse.
Then the laws covering what is a service animal are based on the honor system. There are no certifications, training, or any other item that is required to call a dog or miniature horse a service animal.
There cannot legally be a support alligator, cat, parrot or any other type of animal. Those could be emotional support animals, but that is not covered by the ADA.
And, if a person walks into your store with an emotional support dog, one that is there to calm anxiety and not trained as a service animal, you can deny access.
Do the Laws Apply to My Business?
If you have anyone from the public enter your business, the laws covering service animals apply.
According to the ADA and Florida Statutes, an individual with a disability has the right to be accompanied by a service animal in all areas of public accommodation that the public or customers are normally permitted to occupy.
According to Pettable.com, examples of this include:
- Parks, zoos, and other recreational facilities
- Sales, rental, and service establishments
- Convention centers, sports stadiums, and other gathering places
- Hotels and lodging establishments
- Restaurants
- Public transportation stations
- Museums, galleries, and libraries
- Educational institutions
Frankly, if you allow anyone who is not an employee into your business, you need to allow a service animal into your business.
How do I prevent service dogs?
In a nutshell, you can’t.
If a customer shows up with a service dog, you must let them in, although you can ask two key questions to confirm the dog or horse is a true service animal, according to ADA.gov.
First, is the service animal required because of a disability?
Second, what work or task has the animal been trained to perform?
You cannot request proof they are service animals. You can’t ask to see the dog in action. You cannot ask about the disability the dog is assisting.
However, there are a few things that a host can utilize to ask a guest with a service animal to leave.
According to Florida statutes, A public accommodation may exclude or remove any animal from the premises, including a service animal, if the animal is out of control and the animal’s handler does not take effective action to control it, the animal is not housebroken, or the animal’s behavior poses a direct threat to the health and safety of others.
A properly trained service animal should not bark, should not be wild, and should not go to the restroom any place it is not supposed to.
A service dog should not be carried in a shopping cart but could be carried by the guest. The service animal can’t be fed at the table in a restaurant or sit in a chair at the table. The service animal cannot go in the pool at the gym and cannot be left in the hotel room.
A service animal is there to provide a medically needed service, just like a wheelchair or an oxygen tank, not to be a part of the family or a pet.
Two Exceptions for Businesses
While most businesses must allow service dogs, there are two exceptions where businesses can summarily ban service dogs.
First, the law allows a business to prevent service animals if the service animal fundamentally changes the nature of the business.
ADA.gov gives a great example of where a boarding school, that is open to the public, has a set of rooms specifically for children with allergies. The school could ban service animals – but only for that section of the school.
Second, if the service dog presents a safety hazard to the business, service animals can be banned.
The ADA.gov example showcases the issues with a zoo. Many animals are prey to dogs, and the presence of a dog could create serious issues for those animals. The zoo could ban service animals only in those exhibits and not in the entire zoo.
It’s hard for most businesses to fit into those exemptions and before establishing such a requirement, a business owner should have an attorney review their specific case.
The attorneys at The Orlando Law Group can help businesses with these types of issues in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on September 10, 2024 by The Orlando Law Group
