Legal Meets Practical: Accessible Solutions

No Meal for Vet With Service Dog

On April 2, when Vietnam and Desert Storm veteran Rick Fall went to his favorite restaurant to enjoy his 20th wedding anniversary, he was surprised when he was turned away. He’d brought Ben, his service dog, to Riverwalk Grill on at least six occasions before with no incident. That night, however, a (presumably inexperienced) server told him to leave the restaurant despite being told “‘at least six times” that Ben was a service dog.

Brock Dennings, Riverwalk Grill’s owner, was horrified to later learn of the incident. “We just want to know what happened and ensure it does not happen again,” Dennings told a local Michigan newspaper. “That is what I know for sure. I’m not saying we didn’t have any fault. We just want to understand what happened.”

To be proactive in ensuring the incident is not repeated in his restaurant, Mr. Dennings is working on establishing that employees are educated on dealing with service dogs, to include having them sign a statement that they understand. He is also hosting a service dog workshop that will cover understanding service dogs in the community and what to do if you suspect a fake service dog.

This incident underscores the difficulty in preventing incidents with, and embarrassment to, veterans with service dogs. In this instance, it is likely the restaurant staff on duty that night did not know how to address the issue of a patron with a service dog. It’s hard to educate staff on such matters, especially given the turnover of restaurant staff and the relative rarity of such an incident. As a result of this difficulty, poor Mr. Fall didn’t get his anniversary meal, and the restaurant received negative attention.

The lesson here is for small business owners who cater to the public. Under the Americans with Disabilities Act (“ADA”), you must accommodate individuals with service dogs. If it is not obvious that a dog is a service animal, a public entity or a private business may ask only two questions: 1) Is the animal required because of a disability? and 2) What work or task has the animal been trained to perform? Here, the wait staff should have asked Mr. Fall these questions, and, when reasonably satisfied, brought Ben a bowl of water. He’s a customer, too!

For more information on service dog requirements under the ADA, click here. Also, if you’re interested in receiving updates relating to veteran and small business issues, subscribe at https://legalmeetspractical.com. Remember to click the link to activate your subscription!

“No soup for you?” Think before you enforce that rule.

One Response to “No Meal for Vet With Service Dog”

  1. Thanks for another awesome post!

Mission Statement

My mission is to provide accessible, high-quality legal services to small business owners and to veterans. I will strive to clearly communicate, understand objectives, and formulate and execute effective legal solutions.

Disclaimer

No Attorney-Client Relationship

This website is maintained exclusively for informational purposes. It is not intended to provide legal or other professional advice and does not necessarily represent the opinions of the lawyer or her clients. Viewing this site, using information from it, or communicating with Sarah Schauerte through this site by email does not create an attorney-client relationship.

Non-Reliance

Online readers should not act nor decline to act, based on content from this site, without first consulting an attorney or other appropriate professional. Because the law changes frequently, this website's content may not indicate the current state of the law. Nothing on this site is meant to predict or guarantee future results. I am not liable for the use or interpretation of information contained on this website, and expressly disclaim all liability for any actions you take or fail to take, based on this website's content.

Links

I do not necessarily endorse and am not responsible for content accessed through this website's links to other Internet resources. Correctness and adequacy of information on those sites is not guaranteed, and unless otherwise stated, I am not associated with such linked sites.

Contacting Me

You may email me through the email address provided by this site, but information you send through email or this website is not secure and may not be confidential. Communications will not be treated as privileged unless I already represent you. Do not send confidential information until you have established a formal attorney-client relationship with me. Even if I represent you, please understand that email security is still uncertain and that you accept all risks of such uncertainty and potential lack of confidentiality when you send us unencrypted, sensitive, or confidential email. Email from me never constitutes an electronic signature, unless it expressly says so.