Restaurant and service dog: ADA cautionary tale for employers

A restaurant in Burlington, Vermont, recently made headlines after refusing to seat a customer with a service dog. The restaurant owner cited an incident in which a previous patron’s dog attacked a neighboring table. In addition, she refused to seat the customer because of her unfamiliarity with their dog and a history of other customers misrepresenting their dogs as service animals. The interaction, captured on video, has gone viral on social media and serves as an important reminder to employers with businesses that are open to the public.

Public accommodation

Private employers that run public establishments must comply with two distinct titles of the Americans with Disabilities Act (ADA): Title III (which applies to places of public accommodation) and Title I (which applies to employers).

Title III prohibits disability discrimination in places of public accommodation and private entities open to the public, including restaurants, hotels, theaters, recreational facilities, doctors’ offices, pharmacies, retail stores, museums, private schools, and day care centers. In practice, this means individuals with disabilities must have equal opportunity to participate in and benefit from the business.

Under Title III, places of public accommodation (like the Burlington restaurant) are generally required to allow service animals on premises, even if pets are not permitted. The ADA limits the definition of service animal to dogs that are trained to take a specific action to assist the person with a disability.