CHLA Lodging News July/August 2021

16 CALIFORNIA LODGING NEWS www.calodging.com IT HAS BECOME ALL TOO common to see dogs in public places that are poorly mannered and untrained, including pet-free hotels. As frustrating as some of these scenarios can be, it’s important to remember that there are task-trained service dogs in all shapes and sizes that are providing a legitimate, life-changing service to their handlers with disabilities. The real challenge to hotels and business owners is knowing the rights and associated laws covering service dogs in public places where pets are not allowed. It gets a little sticky in the hotel and inn sector because many hotels do permit pet dogs in their establishments for a price—whether that’s a deposit, cleaning fee or restricted access to certain areas of the hotel. So, let’s start with the basics: What is a service dog, how can you tell if it’s a “real” one, and what are your rights? Hotels and lodging laws are covered under Title III of the Americans With Disabilities Act (ADA). Title III covers places of public accommodation, or places where the public is permitted and welcomed. Under the ADA Title III, a service dog is defined as “any dog that has individually trained in specific tasks to mitigate the effects of a handler’s disability.” This also covers miniature horses that are task-trained, but we’ll focus on dogs since the vast majority of service animals are dogs. As a business, only two questions are permitted to be asked of a patron with a dog: 1. Is the dog a service dog required for a disability? 2. What tasks or work is the dog trained to perform? Here’s the kicker—you can’t ask to see the dog perform its task or ask for information about a person’s disability. But you’re not without tools completely. A service dog must be leashed or tethered or under effective control of the handler and must behave in a safe manner. A dog that is aggressive, interfering with customers, having repeated toileting accidents or barking uncontrollably can be asked to leave if the handler can’t remedy the behavior. And aggressive dogs can be removed immediately. The Deal With Service Dogs in Hotels & Inns Do You Know Your Rights? By Wallis Brozman