PHILADELPHIA — Ben Fileccia has dozens of text messages on his phone from Pennsylvania restaurant and bar owners asking what questions they can ask customers who dine with their dogs. I have doubts.
“Sorry to bother you on Friday night, but do you know my rights regarding ‘service animals’ in bars?” reads one recent text.
“I’m just frustrated,” another message said, detailing a situation in which a patron wanted to eat at the bar with a small dog on his lap. The customer claimed the dog was a service dog, and the business owner texted Fileccia and threatened legal action.
Restaurant operators must comply with state and local regulations that generally prohibit non-service animals in areas where food is prepared and the Americans with Disabilities Act, which prohibits requiring identification for service animals. He said there is a need to walk a fine line between the two. Mr. Fileccia is the Senior Vice President of Strategy and Engagement for the Pennsylvania Restaurant and Lodging Association.
As The Inquirer reported last month, pet owners are increasingly looking to take their pups with them on errands and dinner dates, which can put business owners and their employees in a difficult position. Some stores openly allow pets, even in restaurants, and employees give them treats. Prohibited elsewhere. Elsewhere, employees simply turn a blind eye, ignore company policy, or lack confidence in the rules.
Some business owners say complying with the “service animal only” provision of local health ordinances is easier said than done. None wanted their names or companies published for fear of retaliation from dog owners, potential repercussions from health authorities, or both.
“It seems like the city is putting us in a catch-22 of wanting us to follow the policy,” said one Philadelphia business owner. However, “you are not allowed to ask questions of customers.”
Another business was sued after asking a customer with an unmarked dog (which the customer claimed was a service animal) to use an outdoor service window instead of serving it indoors. said. The owner said the lawsuit could have forced him out of business had the parties not settled for a smaller amount.
“Our hands are pretty much tied,” says the owner, who says he doesn’t ask any questions about customers with dogs. “We don’t want to disrupt the health department and get shut down. At the same time, we don’t want to get sued.”
The Philadelphia Department of Public Health said through a spokesperson that it had no further comment for this story beyond the statement it issued last month.
At the time, Palak Raval Nelson, the city’s deputy director of environmental health services, said of the city’s rule, “Depending on the circumstances, legal service animals may be allowed, rather than ’emotional support’ animals.” Please keep this in mind.”
It is also a violation of Pennsylvania law to discriminate against someone who uses a service or guide dog because of a disability.
“While some service animals are licensed or certified and carry identification, it is not required in Pennsylvania,” said Amanda Brossman, a spokeswoman for the Pennsylvania Human Relations Commission. . “However, service animals must be under control at all times.”
BringFido, a global database of more than 700,000 pet-friendly spots, advises against ignoring the rules.
“If you’re only allowing service animals, it’s not a good idea to pretend it’s a service animal,” says Erin Ballinger, destination editor at BringFido.
What business owners can ask about service dogs
Given the number of questions about service dog compliance, Fileccia has saved the answers to the most common questions on her phone. “What should I ask my customers?”
“If it is not immediately obvious that the service animal (e.g. dog) is the client’s service animal, there are only two questions you can ask about the service animal: “Is the animal a necessary service animal because of a disability?” ‘?’And ‘What tasks is the animal trained to perform?”’ Fileccia said, citing ADA regulations.
“You can’t say, ‘You don’t look like you have a disability,’ or ask them what their disability is,” he added. “Customers are not required to state what their disability is; asking may be a violation of the ADA.”
Mr. Fileccia’s decades of business experience in the Philadelphia area suggests that customers who bring a legitimate service dog, as opposed to an emotional support dog or a dog wearing a service dog vest that you can buy for $20 on Amazon, typically , he says he doesn’t get upset when asked these two questions. .
“When restaurants ask these questions, it’s important to understand their position,” he says. “They’re not just doing it to make you suffer. They’re doing it to protect themselves.”
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