Service animals allowed in public places

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Community Press

By Mary Hufford

Betty Woods takes her poodle Toby everywhere she goes -- to the grocery store, bank, post office and doctor's office. Toby isn't a pet: Toby is her service dog, and under federal law, Toby is allowed to accompany Woods any place she goes.

Under the American with Disabilities Act, any business that serves the public must allow people with disabilities to bring their service animals with them wherever they normally permit customers to be.

So when Woods, who lives in Newtonsville, and Toby stopped at a new Goshen restaurant for a quick bite, Woods was surprised when she was asked to leave because of Toby.


"They asked me nicely, and I'm not upset at being asked to leave. But I was surprised," Woods said.

She said she went into the American Pie Diner on Ohio 28, put Toby on a down-stay next to her seat, and placed her order.

Restaurant owner Sheila Dennis said Toby was very well-behaved and did not create a problem.

Then Dennis received a phone call from a man outside of the restaurant who told her he had planned to bring his wife and three children into the restaurant until he saw "the woman with her ... dog" and threatened to call the health department if the dog wasn't removed immediately.

The restaurant had only opened for business two weeks ago. Dennis said she knew seeing eye dogs were permitted, but she didn't know about service dogs.

A phone call to the Goshen Police Department didn't help clarify matters -- the police didn't know, either. The police contacted the animal shelter, who incorrectly told the police department only seeing eye dogs were allowed in restaurants.

Knowing the law, Woods and Toby went to the police department to report the incident and provide them with information about the Americans with Disabilities Act (ADA).

Woods said that while everyone was very nice, she was surprised she had to educate the police about her rights under the ADA.

"I am surprised that people in authority who should know didn't," she said. "That the humane society didn't know totally threw me."

Goshen Police Chief Ray Snyder believes it is a matter of unfamiliarity with service animals, and people just don't know how to react.

"It's a matter of the public and business owners getting educated with these types of situations, and learning what they can do. Service dogs are so seldom seen here. People aren't familiar with the ADA, and questions pop up," Snyder said.

The ADA defines a service animal as, "Any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability." Service animals perform functions and tasks that an individual with a disability cannot perform for him or herself, and under the law do not need to be specially licensed or certified as a "service animal" by state or local governments.

The law applies to any business that is open to the public, including restaurants, taxis, medical offices, theaters and health clubs.

Most people are familiar with pilot, or "seeing eye" dogs. They may be less familiar with animals that assist the hearing impaired, seizure alert animals that warn of an impending seizure, and psychiatric support animals that perform disability-related tasks.

Not all service animals are dogs. A person may feel more comfortable with a monkey or a bird, Woods said, and there are even service horses. No matter what the species, the ADA law applies equally to them all.

Woods also said under the ADA, service animals do not have to wear special vests or bandannas to denote their status as service animals.

Woods understands she has a role to play in educating the community about service animals.

"I'm not the least bit upset. But people should know. They need to know," Woods said, noting that she has been welcomed back to the American Pie Diner several times.

Snyder said the Goshen Police Department now has a card available for the public that contains a legal synopsis of the ADA information on people with disabilities and service animals. To obtain a copy of the card, contact the police department at 722-3200.