Dear Eric: This is in response to “Seriously Scratching”, who has an aversion to dogs in public spaces. I am a practicing attorney. I am also disabled and require the assistance of my service dog to function.
A genuine service dog should not be approaching strangers unless their handler is in need of urgent assistance. If a dog is being disruptive, such as barking (with the exception of barking to alert to something like a medical condition), wandering or displaying aggression, the management of a restaurant or other business can legally ask that the dog be removed from the premises.
I’ve noticed untrained Emotional Support Animals (ESAs) being presented as service dogs. This is often not intentional fraud but is due to the handler not understanding the difference between an ESA and a service dog. ESAs provide comfort and emotional support for their handlers and are exempt from certain travel and housing laws, however, they do not have any public access rights.
Staff of any restaurant, store or other business are permitted to ask a handler with a dog two questions: “Is that a service dog?” and “What task is the dog trained to perform?” If the answer to the second question is, “The dog provides emotional support,” that person can be asked to remove the animal, because the Americans with Disabilities Act specifically states that providing emotional support is not considered a task.
– The Lady with the Dog
Dear Lady: This is a helpful distinction. I chose to print it not to pit those with ESAs against those with Service Dogs, and I don’t think your letter does that. Instead, I think it highlights the importance of communication, education, and compassion for others. These dogs provide valuable services. When the humans they care for operate responsibly, everyone gets to coexist peacefully.
Send questions to R. Eric Thomas at eric@askingeric.com or P.O. Box 22474, Philadelphia, PA 19110. Follow him on Instagram and sign up for his weekly newsletter at rericthomas.com.
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