Small Business: Understanding Service Dogs

There are many common misconceptions when it comes to service dogs. The biggest misconception is that service dogs have to be large dogs, especially German Shepherds. Another misconception is that disabilities that require service dogs will be obvious and outward; meaning that when someone walks into a room with a service dog you can plainly determine what the person's disability is. However, the truth is that not all disabilities are outwardly obvious and not all service dogs are large breeds.

As a small business owner you should be aware of the laws regarding service dogs. I have watched in disbelieve at the lack of knowledge and compassion at many small businesses in my area. In one instance a woman came into a small gift shop with a medium sized dog of an undetermined breed, the dog was wearing a bright orange vest that labeled the dog as a service dog.

Before the customer got five feet into the store an employee yelled from the back of the store that pets were not allowed. The woman did not show any sign of acknowledging the employee so I immediately assumed that she may be deaf. When she looked up I caught her eye and smiled. The woman returned the smile and went about shopping.

In disgust the employee stomped over to the woman and loudly proclaimed the same statement as moments earlier, however this time the woman was aware that the employee was talking to her. She turned to the employee and performed some sign language with a muffled voice that confirmed my earlier suspicion that she was deaf.

I was appalled to see the employee grab her arm and start directing her towards the door muttering, "These freaking people with disabilities think they can get away with anything." At this point I wanted to haul of and smack some decency into the teenage boy, but instead I walked directly into his path and told him in no uncertain terms to release the woman or I would call the cops and report him for assault. His response, "Listen lady, it is none of your business. Besides, I told her that pets are not allowed."

By now we had caught the attention of all the shoppers and the owner who was in the backroom. As the owner approached he told his employee to let go of the woman and explain what was going on. I let the employee tell his skewed story while I tried to explain to the bewildered woman what was going on. Fortunately, she was able to read lips and I began to see anger instead of bewilderment spread across her face.

To my utter horror the owner approached the woman and repeated what the employee had been saying! Pointing to the sign on the front door he asked the woman to leave, but feel free to come back without her dog. Before I could recover from my disbelief the woman stormed out of the store. I turned to the owner and rudely told him I hope she sues you for discrimination. "What kind of an idiot are you?" I asked. Without giving him time to respond I began to tell him about the laws that protect service dogs and their people. I was "politely" told to leave and the two walked away.

I fumed the whole day about the poor woman. Eventually, I decided something had to be done, so I sat down at my computer and typed a letter to the store owner and included a copy of the Wisconsin state laws that protect service dogs. I forwarded the letter and a quick outline of the story to a local TV station and asked them to run a piece to help educate the public about service dogs.

So I told you this woman's story to make a point, service dogs have rights. One of those rights is equal and unobstructed access to anywhere their human is allowed. This means you cannot refuse to let the dog in your shop, you cannot ask the person to leave the dog in a corner, in fact you should just pretend the dog is not there and treat the customer the same as every other customer.

As a business owner you should also be aware that service dogs come in every size and breed imaginable. Technically a service animal doesn't even have to be a dog. I have heard of horses and monkeys that were also trained as service animals. When a dog serves as a service animal they are protected by law. Make your employees aware that service dogs are not pets and that by law they are given open and free access to all public areas.

What if a service dog is misbehaving or causing damage? Once a service dog becomes aggressive, destructive, or disruptive as a business owner you then have the right to ask that the dog be removed. Be 100% sure that you can prove that the service dog was misbehaving or you may run into trouble. If the service animal is truly not acting as a service animal your rights as a business owner are then protected and the law gives you the right to request that the animal be removed.

How do I know if a dog is a service animal?
The Americans with Disabilities Act (AWDT) does not require service dogs to have or wear any type of identification. A service dog's owner may have purchased special vests or harnesses but the law does not require any special equipment. Your employees should be aware that they cannot ask for any special identification. The only way to know if an undressed dog is a service dog is by asking. Simply ask the person if the dog is a service dog, if they say yes your job is done. If they say no, you can state your no pet policy and politely ask them to leave.

I see no disability and the dog is a Chihuahua?
As I stated earlier, not all disabilities are obvious and not all service dogs are German shepherds. The AWDT defines a service animal as, "any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including but not limited to guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items." Service dogs perform many tasks, from fetching to detecting seizures, and just like people the come in different shapes and sizes.

In small business every customer counts. Don't let your business be the business that ends up on the 5 o'clock news. The story that I told earlier did run on the 5 o'clock, 6 o'clock, and 10 o'clock news. The community was enraged by the incident and within 6 months the shop was closed. By making your employees aware of what service dogs or service animals are you can avoid making the mistake of the shop owner and protect your business from a lawsuit.