In California, service dogs are allowed in public accommodations, including restaurants. This means you can bring your service dog with you to eat at your favorite restaurant.
Under the California Disabled Persons Act, service dogs are considered a reasonable accommodation for individuals with disabilities. This law requires businesses to allow service dogs in their establishments.
Service dogs are trained to assist individuals with disabilities, such as guiding the blind, alerting the deaf, or providing support for individuals with mobility issues. They are not considered pets and are not subject to the same rules as regular pets in restaurants.
In California, businesses are not allowed to ask for proof of a service dog's certification or ask invasive questions about the individual's disability. However, they can ask if the dog is a service animal and what tasks the dog has been trained to perform.
Broaden your view: Ada Rules on Service Dogs
Service Dogs in California
Service dogs in California are subject to some specific rules and regulations.
California does not require the registration of service dogs, but owners may choose to do so for various reasons, such as to obtain an ID card that can be used to signal to others that they own a service dog.
Service dog owners in California can register their dogs with a service like Service Dog Certifications, which enters the dog's information into a searchable database linked to an ID card.
Psychiatric service dogs are recognized as service dogs in California, just like any other type of service dog.
California considers several conditions as psychiatric disabilities, including Post-Traumatic Stress Disorder, Anxiety Disorders, and Depression.
Psychiatric service dogs can perform a wide range of tasks, such as deep pressure therapy, reminding owners to take medication, and disrupting repetitive self-destructive behaviors.
Businesses in California must permit the use of service animals, including psychiatric service dogs, under Title III of the ADA.
Service animals are defined as dogs that have been individually trained to perform work or tasks that assist an individual with a disability.
Some examples of tasks that service animals can perform include pulling a wheelchair, assisting an individual during a seizure, and helping individuals with psychiatric or neurological disabilities.
Here are some examples of tasks that psychiatric service dogs can perform:
- Deep pressure therapy
- Reminding the owner to take medication
- Posting and watching the owner’s back in open areas
- Tactile stimulation
- Alerting the owner to oncoming threats or episodes
- Disrupting repetitive self-destructive behaviors
Business and Public Rights
As a business owner, you have rights and responsibilities when it comes to service animals in your restaurant. You're not required to allow emotional support animals, comfort animals, or therapy dogs in your premises, but you do need to make reasonable modifications to your usual policies to accommodate service animals.
You can ask two questions to help determine if an animal is a service animal: is the animal required because of a disability, and what work or task has the animal been trained to perform?
Service animals don't need to wear a vest or any form of identification, and you can't ask for proof that the animal has been certified, trained, or licensed as a service animal. You also can't ask about the individual's disability.
If the need for the service animal is obvious, you can't ask the questions. For example, if someone who is blind uses a service animal for navigation, you wouldn't need to ask any questions.
Check this out: Why Can't You Pet Service Dogs
Here are some key takeaways to keep in mind:
- You can't ask about a person's disability or require proof of certification or training for a service animal.
- You can ask if the animal is required because of a disability and what work or task it has been trained to perform.
- Service animals don't need to wear a vest or any form of identification.
- You can't discriminate against service animals based on their appearance or the appearance of their handler.
Identifying and Registering Service Dogs
In California, service dogs don't require registration, but owners may choose to do so for several reasons.
Service dog registration in California is not mandatory, but it can be helpful for owners who want to signal to others that their dog is a service animal.
Service dog owners often use identification cards, vests, tags, and certificates to signal to others that their dog is a service animal, but it's not required by law.
Staff at venues and landlords can't demand documentation as a condition of entry, but they can ask two questions to validate whether you have a service dog: Is the animal a service dog required for a disability? and What work or task has the service dog been trained to perform?
Here are some common types of IDs and certifications for service dogs:
- Service Dog ID
- Psychiatric Service Dog ID
- Emotional Support Animal ID
- Therapy Animal ID
- Public Access Test
ADA Requirements
Under Title III of the ADA, service animals are defined as dogs that have been individually trained to perform work or tasks that assist an individual with a disability.
Businesses must permit the use of service animals, but they can ask two questions to verify: "Is the animal required because of a disability?" and "What work or task has the animal been trained to perform?"
Service animals are not required to wear a vest or any form of identification.
Businesses must not ask for proof that the animal has been certified, trained, or licensed as a service animal.
The ADA does not require businesses to permit emotional support animals, comfort animals, or therapy dogs in their premises.
Here are the key questions to ask when verifying a service animal:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
Note that these questions may not be asked if the need for the service animal is obvious, and the individual cannot be asked about their disability.
Service Dogs in Restaurants
Service dogs are allowed in all areas of a restaurant where customers can go.
Businesses can't require service animals to wear a vest or any form of identification. However, they can ask two questions to determine if the animal is a service animal: "Is the animal required because of a disability?" and "What work or task has the animal been trained to perform?"
The service animal must stay on the floor, unless the individual with a disability has a specific need to carry the animal, such as a chest pack to detect changes in glucose levels.
Introduction
Service dogs are an essential part of many people's lives, providing them with the assistance and independence they need to navigate the world.
Title II of the ADA prohibits discrimination against people with disabilities by public entities, while Title III prohibits disability discrimination by public accommodations. Public accommodations include restaurants, hotels, and other businesses that are open to the public.
The ADA defines a service animal as a dog that has been individually trained to perform work or tasks that assist an individual with a disability. This can include tasks such as pulling a wheelchair or assisting an individual during a seizure.
Businesses are not required to allow emotional support animals, comfort animals, or therapy dogs in their premises. These animals are not considered service animals under Title III of the ADA.
If you're a business owner, it's essential to know how to distinguish between a service animal and a pet. You can ask two questions to help determine this: "Is the animal required because of a disability?" and "What work or task has the animal been trained to perform?"
Consider reading: Specific Tasks for Service Dogs
Where Can Go?
Service dogs are allowed in all areas of a restaurant where members of the public can go, just like any other customer. This means they can accompany their owners at the bar, in the dining area, or even in the kitchen if necessary.
However, service animals must not be set apart from other customers, and their owners are responsible for maintaining control of them at all times. This means no petting, talking to, or whistling at the service animal, as this can distract them from their important tasks.
In general, service animals can go anywhere in a restaurant, but there are some exceptions. For example, if a service animal is not housebroken or is out of control, the business may exclude it from the premises. This is only allowed if the handler has been asked to get control of the animal and fails to do so.
Here are some specific areas of a restaurant where service animals are typically allowed:
- Bar area
- Dining area
- Kitchen (if necessary)
- Restrooms
- Outdoor seating areas
However, there may be some areas where service animals are not allowed, such as:
- Sterile environments like operating rooms or intensive care units
- Areas where the service animal could be viewed as a predator or prey by the animals in the exhibit (e.g. some zoos)
- Swimming pools (but service animals can be allowed on the pool deck and in other areas where the public is allowed to go)
It's worth noting that service animals must be allowed in all areas of a restaurant, but their owners may be asked to remove them if they are not housebroken or are out of control.
Service Dogs and Small Business
Service animals are protected under Title III of the ADA, which requires public accommodations to make reasonable modifications to their policies when serving people with disabilities.
Small businesses need to be aware of their responsibilities regarding service animals. The Great Plains ADA Center has created a toolkit to help businesses understand their obligations.
A business may ask two questions to determine if an animal is a service animal: Is the animal required because of a disability? What work or task has the animal been trained to perform?
These questions can only be asked if the need for the service animal is not obvious. The individual cannot be asked about their disability or shown proof of certification.
Service animals are not required to wear vests or identification. They are trained to perform specific tasks, such as pulling a wheelchair or assisting during a seizure.
Businesses must permit service animals, including miniature horses, that have been individually trained to do work or perform tasks for the benefit of the individual with a disability.
For more insights, see: How to Make Dogs Service Animals
A business can consider whether the facility can accommodate a miniature horse based on its type, size, and weight.
Here are the two questions a business may ask to determine if an animal is a service animal:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
Service Dogs and Animal Care
The individual with the service animal is always responsible for its care and supervision. This includes providing food, water, and any necessary medical attention.
You, as the service animal owner, are also responsible for ensuring your animal's behavior is well-behaved and under control at all times. This is key to creating a positive experience for both you and the restaurant staff.
What Is an Animal?
An animal, specifically a service animal, is a dog that's individually trained to perform work or tasks that benefit a person with a disability.
To qualify as a service animal, the dog's work must be intentional and not just its presence that benefits the individual. For example, if a service dog provides stability or tactile stimulation, that's considered service dog work.
Consider reading: Working Dog
Service animals can be any size, but miniature horses are also allowed in businesses and public spaces if they're individually trained to benefit an individual with a disability and can be reasonably accommodated.
Service dogs are trained to perform a variety of tasks, including turning on lights, picking up objects, and reminding individuals to take medication.
Animal Care Responsibility
The individual with the service animal is always responsible for its care and supervision. This means you're responsible for feeding, watering, and providing regular exercise for your service dog.
You should also make sure your service animal has a safe and comfortable place to rest, but you don't need to ask for a specific location.
Frequently Asked Questions
Can someone ask me for papers on my service dog?
No, you cannot request documentation or proof of a service dog's registration or certification. Service dogs are protected under the law, and their handlers are not required to provide proof of their dog's status.
Sources
- Fact Sheet: Service Animals in Business and Public Spaces (disabilityrightsca.org)
- Service Animals, Small Business, and Other Public ... (adata.org)
- Americans with Disabilities Act (ada.gov)
- GUIDE TO CALIFORNIA SERVICE DOG LAWS (superdog.com)
- Are Service Dogs Allowed In Restaurants? (therapypetsunlimited.org)
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