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  1. #1

    Default Service Dogs at Businesses

    My question involves civil rights in the State of: California

    Good afternoon everyone,

    I own an ice cream shop in Los Angeles, and my establishment is very popular with local middle school students especially after summer school classes let out. A couple of times before I had individuals come in with service dogs and every time the animals had one of those vests on, .

    Yesterday a patron walked with with a German Shepard, no vest or a tag and started to walk towards the seating area, full of teens at that moment. I approached him and asked if the dog was a service animal. The patron stated that it is and he must be permitted to take his dog everywhere he wishes or else he'll report me. Thankfully, there were no free seats that moment and he paid for his ice cream and left without further fuss.

    I am really concerned if something like this happens again, I have to take a patron's word for it and if the dog ends up biting any of my other customers I may be held responsible as the business owner.
    Obviously i don't want to deny service to any handicapped people, with or without service animals, but I really feel like I am between a rock and a hard place .

    My question is this: is my act of goodwill and compliance to the law by permitting anyone who claims to have a service animal into my business in any way protects me from liability for injury caused by that alleged service animal to my other customers? Thank you in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Service Dogs at Businesses

    You should discuss your situation and options with your insurance company. They may have a risk manager who can advise you in specific relation to your business operations and layout. Your hands are largely tied.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Service Dogs at Businesses

    You probably do have to just take a patron's word for it that it's a service dog.

    However, there are laws that protect you and members of the public from damage or injury caused by the animal.

    Here's a link to the CA statutes:

    http://www.animallaw.info/statutes/s...il_54_55_2.htm

    And here's a discussion from this site from a few years ago:

    http://www.expertlaw.com/forums/showthread.php?t=123302

    I wouldn't pay much attention to the rantings of the poster, just the federal laws that Mr K posted in his response.

    I suggest you change your approach to just telling a customer no dogs allowed and not put the service animal idea into his head.

    Then if he says it's a service animal, you get to ask the two questions specified in the federal statute.

    Frankly, if this happens frequently, I suggest you keep a digital camera handy and take a dated photo of anybody who comes in with an animal.

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