Service Dogs: Understanding Their Role in Public Establishments

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Published on August 24, 2025

Brad Peters, Founder, Director, CEO of HRBUniversal & The Plate & Pour Collective Equity Partner Program

Service dogs play a crucial role in assisting individuals with disabilities, enabling them to navigate daily life with greater independence. Their presence in public spaces like restaurants, breweries, bars, and nightclubs is often misunderstood, leading to questions about accessibility, health regulations, and the rights of both service dog handlers and business owners.

Legal Framework and Definitions

In the United States, the Americans with Disabilities Act (ADA) defines a service animal as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties.

It’s important to distinguish service animals from emotional support animals (ESAs). While ESAs provide comfort, they are not trained to perform specific tasks related to a disability and therefore do not have the same public access rights as service animals under the ADA.

Access Rights in Public Establishments

Under the ADA, businesses and non-profit organizations that serve the public, such as restaurants, hotels, and retail stores, must allow service animals to accompany people with disabilities in all areas where the public is normally allowed to go. This includes dining areas, bars, and dance floors in nightclubs.

Business owners are permitted to ask two questions to determine if an animal is a service animal:

  • Is the dog a service animal required because of a disability?
  • What work or task has the dog been trained to perform?

Business owners cannot ask about the person’s disability, require medical documentation, demand a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

Health and Safety Concerns

Concerns about health and safety are often raised when service animals are present in food establishments. However, the ADA addresses these concerns:

  • Hygiene: Service animals are generally very well-behaved and trained to maintain hygiene. They are typically clean, groomed, and house-trained.
  • Food Preparation Areas: While service animals are allowed in dining areas, they can be excluded from areas where their presence would fundamentally alter the nature of the goods or services provided, or pose a direct threat to the health or safety of others. This typically includes food preparation areas like kitchens. However, this exclusion must be based on legitimate safety requirements, not stereotypes or generalizations.
  • Animal Behavior: A service animal can be excluded if it is out of control and the handler does not take effective action to control it, or if the animal is not housebroken. Allergies and fear of dogs are generally not valid reasons to deny access or service to individuals with service animals.

Responsibilities of Service Animal Handlers

Service animal handlers also have responsibilities:

  • They are responsible for the care and supervision of their service animal, including waste disposal.
  • The service animal must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

Education and Awareness

Increased understanding and education are key to ensuring that service animals and their handlers are treated with respect and that businesses can confidently comply with ADA regulations. Many organizations offer resources and training to help businesses and the public understand the rights and responsibilities associated with service animals. By fostering a more inclusive environment, communities can better support individuals with disabilities and appreciate the invaluable assistance provided by service dogs.

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