Today I received an email from a past puppy customer who happens to be an attorney. He asked if I could help define exactly what a service dog was and what behavior was acceptable for a service dog.

He represents a K9 handler and the handler’s wife. The couple owns a restaurant. An individual came into the restaurant with his service dog.

The dog was unruly and created a disturbance – the dog was jumping on people. When asked to control the dog the person did not and the dog continued to bother other customers.
The man was asked to leave - which he did. He is now suing.

I am wondering if any board members have any information on what is expected as acceptable behavior from a service dog.

It sounds to me like this is one of those cases where the dog is not a trained service dog yet the guy is claiming it’s a service dog.

The whole thing gives the legit service dog community a black eye.

http://www.assistancedogsinternational.org/Standards/ServiceDogStandards.php

http://www.iaadp.org/doglaws.html

hope this helps

A friend of mine had to deal with a similar situation at her workplace. Because anyone can train a dog and call it a service dog if they have some 'disability'.

If I were the restaurant owners I would contact the ADA and be proactive in their defense. Because if the dog's owner is suing he will not win against the ADA supporting the restaurant.

http://www.ada.gov/svcanimb.htm

has a good example of what you CAN ask to leave the premises for.

There is the thread I started a bit back too.
It is under "Service dog paperwork" but I am not clever enough to link it here. It had a bunch of useful information.

If memory serves, and that's not a given, I think we had a discusion on that very issue awhile ago. Hmmmm, perhaps as much as a year or two years past, heck maybe even more. But I think it envolved a movie theater and 'service dog'. Similar scenerio, unruly dog, ejection and forth coming law suit.
Unless things have changed it was decided I think that the laws governing what is or not a SD is a very local thing.
I think in that case it turned out that the 'disabled' person had a history of the same kind of BS and he was the one that ended up paying with time out of his life served for fraud.

First thing I'd do is ask my lawyer to have this guys background checked out and torn apart rather then taken at face value.
Heck even make sure he's using the name that belongs to him, make him prove he is who he says he is.
The best defense sometimes is a stalwart offense.

Sonya's link is the one you want.

Excerpt:

 Quote:

A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.

In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.

I have a service dog.
These situations just burn me up.....It's hard enough for us to get access to places without knuckleheads like this fouling things up.
Some of the "service dogs" that are out there are just a joke.
That link is written for business owners and will have the answers you need.

Federal law always wins over state....so it doesn't matter what the state says.....there is the federal law.
The dog must perform tasks for the handler and must be under control....

They need to document the dog's behavior in the restaurant...witnesses, security tape something.
If they can prove that the dog was violating the above quoted section they should be fine.

It's important to remember that they are subject to the Federal law.......not to pay too much attention to the state law.....if he wastes his time on the state statutes, then they will just fight it and say they are not subject to the state law..only the federal law...and they will be right.

Have him build the case off the ADA federal site, and document the behavior out the wazoo.

It's a federal law but no certification process for the dog?

Hahahaha, no wonder there's morons out there trying to scam the system.

From Lenka's post...the ADI site.....this will provide "Industry Standard Expectations" but these are are NOT legal requirements.

Minimum Standards for Assistance Dogs in Public:

http://www.assistancedogsinternational.org/Standards/AssistanceDogPublicStandards.php

Excuse me, but thats a far cry from being subject to federal law.

 Quote:

It's a federal law but certification process for the dog?

Hon, use smaller words for me...lol
There is no certification process for service dogs.
NO certification.
Loose standards...but no certification.
Don't get me started...lol

What is a far cry from being subject to fed law?

I'm slow tonight...