Service or support? Confusion over dogs in public spaces

When Kathy Gerhold shops at her local ShopRite in Sussex County, N.J., she sometimes finds the aisles more crowded than she’d like.

She understands why people rely on service dogs, she said, but “for the amount of people that shop, it seems too congested to have animals in the supermarket.”

Her comment reflects a larger debate unfolding across supermarkets and restaurants: who belongs where when it comes to service animals — and how can businesses tell the difference between a trained helper and a household pet?

The law and the challenge

Under the federal Americans with Disabilities Act (ADA), service dogs are permitted in public places, including restaurants, supermarkets, hotels, hospitals and shopping centers — even those with no-pet policies. These animals are trained to perform specific tasks for people with disabilities, such as guiding the blind, alerting to medical emergencies or assisting with mobility.

The ADA allows managers to ask only two questions:

Whether the dog is required because of a disability; and

What task it has been trained to perform.

It is illegal to ask about a person’s disability or to demand proof or certification.

That rule protects privacy but creates confusion for businesses trying to comply with health codes and accommodate legitimate service animals.

Service dogs vs. emotional support animals

Service dogs can be any breed or size. They receive specialized training to match their owner’s needs — from hearing dogs for the deaf to medical alert dogs that detect seizures or changes in blood sugar. Psychiatric service dogs may guide their owners through crowds, detect anxiety attacks or wake them from nightmares.

Emotional support animals, by contrast, do not undergo specialized training. They provide comfort for psychological or emotional conditions and require only a letter from a mental health professional. Unlike service dogs, they are not guaranteed public access under the ADA.

Businesses walk a fine line

Restaurant and store managers say they want to respect customers’ rights while keeping their establishments compliant and comfortable.

At The Breezy in Greenwood Lake, N.Y., owner Paul “Breezy” Bailey said his restaurant welcomes both service dogs and well-behaved pets.

“With our 125-seat outside deck, service dogs and well-behaved dogs are always welcome,” Bailey said. “We are happy to accommodate all dogs. If it’s a family dog that customers bring to the restaurant that we don’t really know, we seat them off to one side, so everyone is more comfortable.”

Bailey said dog owners should act responsibly. “Dog owners should have insurance that covers liabilities in case there is an issue with the animal. If someone brings a dog in with an aggression problem we would have to ask them to leave.”

He added that staff often serve water to canine guests and rarely turn anyone away. “We love dogs and usually give them bowls of water,” he said.

At The Social in Milford, Pa., owner Luis Rojas said service dogs are always welcome.

“We have a patio in the back and they can sit there with their service dog,” he said. “Sometimes they can sit in the dining area if it’s not too busy. We allow any dog whether they’re a service animal or family pet.”

Rojas said they’ve never had any problems. “We have special water bowls for the animals and sometimes feed them cooked chicken. We love animals and most people that come here are dog lovers, so we’re happy to accommodate service dogs and family dogs.”

When policy meets practice

Some establishments draw stricter lines.

At McQ’s Pub at Lake Lenape in Newton, N.J., manager Tabitha Bertone said only service dogs are allowed inside.

Bertone said behavior often signals whether a dog is trained. “Usually you can tell a service dog by their behavior. They are well-behaved and usually have a vest on and usually have their paperwork inside the vest,” she said. “We do not ask what the person’s disability is or ask for paperwork because that’s against law.”

Family pets, she added, are asked to leave because allowing them violates health codes. “We wish we could accept all dogs but that’s not the case,” Bertone said.

At Weis Supermarket in Sussex County, N.J., assistant manager Amy VanHouten said service dogs are welcome — but not inside carts.

“Service dogs are allowed in the store,” she said. “We don’t have an official policy yet about not letting other dogs in, but we do have a policy that service dogs are not allowed in the shopping carts.”

Although the store has a “no pets” sign, VanHouten said, “we are waiting to hear from (Weis) corporate to approve and provide a sign that states ‘Only service dogs are allowed and no other animals will be allowed to enter the store.’”

Public reactions

Reactions among patrons vary as widely as the dogs themselves.

Passaic County, N.J., resident Marcy Stein said she supports service animals for people with serious disabilities. “But these people who bring emotional support animals everywhere I think are taking advantage and it’s unsanitary,” she said.

Others take a different view. Steve Rome, a regular at Sussex County restaurants and diners, said, “They’re usually well trained and I don’t see any health hazard with the service animals.”

Understanding the rules

The ADA National Network offers detailed guidance for business owners and the public on service animal requirements, and the U.S. Department of Transportation outlines the rules for traveling with service dogs.

Still, confusion persists. As Bailey, the owner of The Breezy put it, the key may be simple courtesy — from both sides of the leash.