Veteran and service dog booted from cafe
How many times are we going to keep reporting what’s basically the same story — a service dog getting kicked out of a restaurant or other business?
As often as we hear about it — and whether it’s a guide dog, a seizure-detecting dog or just a dog who is helping keep his or her owner on an even emotional keel.
Such was the mission of Junior P. Smith, a registered service dog who helps calm his owner, Don Smith, when he suffers anxiety attacks.
Don and Junior P. (alas, we don’t know what the “P” stands for) were asked to leave a restaurant in Clearfield, Utah, this week.
The owner of the Star Cafe, Litung Liu, told the Standard-Examiner that Junior — a Chihuahua-Jack Russell mix — was running around, trying to play with other customers, prompting him to tell Smith to leave.
Smith called police, saying the restaurant couldn’t kick out a service animal under the Americans With Disabilities Act.
Smith’s psychologist at the Veterans Affairs Medical Center in Salt Lake City helped him register Junior as a service animal so he could bring the dog with him everywhere he goes. Whenever he starts to feel anxious, Smith says, he just reaches down and pets Junior, and the anxiety goes away.
“I rescued him when he was a puppy, and now he rewards me the rest of his life by helping me function in society,” Smith said. “He’s given back to me more than I could ever give to him.”
Smith said that although he had been in the cafe several times before with his dog, the owner approached him Tuesday and told him Junior had to leave.
Smith said Junior was on his leash and stayed under a table while in the restaurant.
Restaurant owner Litung Liu defended his actions by saying, “The dog just runs around and goes anywhere, even when I tell (Smith) not to allow it … We are a restaurant, and people are eating here. If the dog is quiet, it’s OK. If the dog goes around and plays around with other people, that is not OK.”
When a police officer arrived at the restaurant, he too told Smith to leave.
Clearfield Police Assistant Chief Mike Stenquist confirmed that, according to the officer’s report, the officer asked Smith to leave at the request of the owner.
“We’ll have to review on our end (to see) if that was appropriate,” Stenquist said.
(Photo: Erin Hooley / Standard-Examiner)
Posted by jwoestendiek September 9th, 2011 under Muttsblog.
Tags: americans with disabilities act, animals, anxiety, chihuahua, clearfield, disabiliity, disabilities, dogs, don smith, jack russell, junior, junior p. smith, pets, police, service dog, service dogs, star cafe, utah
Comments
Comment from Red
Time September 9, 2011 at 12:45 pm
The restaurant owner clearly said the dog was not under control and that service dogs are welcome if they don’t annoy other customers. “Litung Liu, the owner of Star Cafe, said he did not know if he was breaking the law by asking Smith to leave with his dog. The cafe owner just said allowing a dog in his restaurant does not make sense, especially when the dog annoys other customers.”The first time he comes in, the dog just runs around and goes anywhere, even when I tell (Smith) not to allow it,” Liu said.
“We are a restaurant, and people are eating here. If the dog is quiet, it’s OK. If the dog goes around and plays around with other people, that is not OK.”
The ADA specifically says the Liu can eject an unruly dog. I am a disabled vet who has an owner trained service dog. My eighty-five pound GSD’s behavior is impeccable even when foolish adults throw food at him to see what he will do. In five years he’s barked twice, both times at the same place on the same day. Some woman’s unruly spawn were pounding on the window at floor level next to where he was laying. After five minutes of non-stop taunting he barked to go play (he was two) the kid went to get the rest of the hord and they continued unabated for several minutes more when Jäger barked a second time. I took him to the car and left him there without being asked. Mr. Smith’s nasty ill trained dog makes the lives of people like me who obey ALL the rules not just the ones that work for him harder.
Mr.Liu should put Junior P. Smith on the menu and Don should keep his nasty little cur to himself until it’s training is up to the task. Restaurant patrons and owners have rights too.
The revised ADA rules (15 Mar 11) states that emotional support animals have no rights under the law just like they did away with rats, cats, llamas, wombats, and iguanas as service animals. Only dogs and narrowly defined minitaure horses enjoy the protection of the ADA.
Comment from denise
Time September 9, 2011 at 5:21 pm
Not that anyone will read this and/or care, but there are 3 problems with this man’s story.
First: There is NO such thing as a ‘registered service dog’ that Federal law recgonizes.
Second: YES!! A service dog CAN be kicked out of a public place if it is behaving poorly.
Third: In order to be a LEGAL service dog, the human MUST be disabled according to the ADA. ALSO, the dog MUST be trained to do tasks or work to mitigate that disability. To just reach down and pet the dog and feel better is NOT the definition of a Service Dog under the law. That would define an Emotional Support Animal which does NOT have public access rights as do service dogs.
Comment from denise
Time September 9, 2011 at 5:26 pm
oh, I just now read Bradydad’s post. I said almost the same exact thing. So far, all of the posts I have read come from people who know what they are talking about! THANK YOU!
Comment from jwoestendiek
Time September 10, 2011 at 7:47 am
What the Americans with Disabilities act says is that if you have a disability — mental or physical — and a dog that has been trained to help you cope with specific tasks associated with that disability, you and that dog can go where you want. That’s clear. A misbehaving service dog can be kicked out. That’s clear, too. Where it seems to get fuzzy and confusing and debatable is in the area of psychiatric disorders. A dog that has not been trained and performs no other service than, say, keeping his owner calm merely through his presence, is not likely to be viewed as an official service animal — though, in our opinion, that is a service. There is no federal government registry for service dogs — though, in our opinion, maybe there should be. Some companies register them. Often though, they are little more than paper issuers. So, despite its recent amending, the act could probably use a little more — to get rid of its grey areas, crack down on the bogus internet service dog diploma mills and make clearer what it sees as the difference between a pet that soothes us and an animal that assists us. Of course there’s a reason for the grey areas and that is this: In truth, most dogs are both.
Comment from denise
Time September 10, 2011 at 12:23 pm
Actually, Psych Service Dogs are not at all one in the same as an Emotional Support Animal. Even Psych dogs are trained to do work or tasks to mitigate a disability. The ADA does indeed make it clear that a dog’s sole presence that comforts someone is NOT a Service Dog, and does NOT have the same legal rights as do Service Dogs. An added benefit to a Psych Service Dog may be to pet him and feel better, but it is NOT a ‘trained task or work’. Therefore, the area is not “fuzzy” at all.
The reason why registered, documentated, certified dogs don’t exist under the ADA is because there can be no national standard as to the training of a service dog. Yes, programs train their dogs to do specific tasks. But they can not train them to do “work” for the disabled person. Only the disabled person can do that, to their specific needs. Programs might also train their dogs to do tasks that I do not need them to do for me. Or, in reverse, may not teach him to do something that I DO need the dog to do for me.
A very large percentage of Service Dog handlers train their own dogs, to specific tasks and work that mitigitates their specific disability. It’s legal to do that. Who is going to “certify or register” that I trained my own Psych Service Dog?
Comment from anon
Time September 10, 2011 at 3:14 pm
@John, agree with your evaluation. Yesterday read the ADA service dog section and found the psychiatric disorders reference to be fuzzy and in need of clarification.
Also checked Utah law for any registration requirement of which there was none. Assume Smith’s psychologist when through the registration process so that he (Smith) had something official looking.
BTW, Mr. Smith indicates that Junior was leashed and under the table. Is he lying?
Comment from Katie
Time September 21, 2011 at 2:10 pm
I am finding it harder to convince business owners that the law states there is no paper work for my working dog. So many people show the fake internet papers that it is hard to convince them that my dog is legit. It would certainly be easier if there was a registry of some sort. Except that it would be one more chore and how much red tape. The law makes it too easy for liars; business owners are required to take peoples’ word for the legitamacy of the dog.
I think the law also says that when federal and state law conflict, the law that is favorable to the disabled person prevails. I don’t know Utah law on companion animals, but some states recognize them. The state police will uphold state law. The Justice Department assists with federal law problems and are very good at providing training when it is needed.
Comment from Bradysdad
Time September 9, 2011 at 9:09 am
First off, there is no requirement for, or existence of a legal “service dog registry”. They are all Internet scams to get money from people. Secondly, according to the ADA definition of a Service Animal, it must receive special training to perform tasks for it’s handler. Dogs whose sole function is to provide emotional support are NOT service animals under the law. There is no indication in this article that this animal meets the criteria for being a service animal and the owner and police were correct in their actions.