Question: What do we do when people bring dogs into our business and answer the two questions correctly but then the dogs act up? They are not well trained like service dogs, but the owner knows how to answer the questions. Also, can a person claim more than one of their dogs as a service animal? We feel like our hands are tied.
Answer: Even legitimate service dogs can be removed from the premises if they are not housebroken or if they are out of control and the handler doesn’t take effective action to bring them under control. As for your second question, yes, a person with disabilities may use more than one service dog at a time.
Unscrupulous people might falsely claim their pets are service dogs. When it is not obvious what service a dog provides, you may ask whether the dog is a service animal required because of a disability and what work or task the dog is trained to perform. You cannot ask about the person’s disability, require special documents for the person or the dog, or ask that the dog demonstrate its skill. Even when service is claimed, there are times when a person can be asked to remove the dog, as the U.S. Department of Justice explains on its website:
Q: When can service animals be excluded?
A: “If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. (This is rare.) In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.”
Q: What does under control mean? Do service animals have to be on a leash? Do they have to be quiet and not bark?
A. “The Americans with Disabilities Act (ADA) requires that service animals be under the control of the handler at all times. … The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal’s work or the person’s disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. For example, a person who uses a wheelchair may use a long, retractable leash to allow her service animal to pick up or retrieve items. She may not allow the dog to wander away from her and must maintain control of the dog, even if it is retrieving an item at a distance from her. Or, a veteran who has PTSD and has great difficulty entering unfamiliar spaces may have a dog that is trained to enter a space, check to see that no threats are there, and come back and signal that it is safe to enter. The dog must be off leash to do its job, but may be leashed at other times. Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control.”
Q: Can people bring more than one service animal into a public place?
A: Generally, yes. People with multiple disabilities may use different dogs to perform different tasks; for example, one as a guide and another as a seizure monitor. Others might need two dogs to perform a single task, such as providing stability while walking. You may ask the two questions about each dog. If both dogs can be accommodated, they should be, but that’s not always possible. In a small restaurant, for example, there might be room for only one dog under the table, and the second would block the walkway. In that case you may ask that one dog be left outside.
Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
