Wow. So sorry you were caught off guard with this. So glad you posted this, though. It will help us tremendously. And, Swirt, thanks for posting the ADA Regulations.
What struck me was the question in the ADA Regs:
"I have alway had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals?
The answer in said Regs was:
Yes. A service animal is not a pet. The ADA requires you to modify your no pets policy to allow the use of a service animal by a person with a disablilty. This does not mean you must abandon your "no pet policy" altogether.....
I think the key word here is "MODIFY". Draw your own conclusions. The Regs say that "A service animal is not a pet".
Now I have a question. If one does not allow dogs, and someone checks in with a service animal, am I not allowed to charge for the service animal?
I don't allow animals, so I don't charge other animals.
Am I to understand since I don't have official fees for animals at my inn (because I don't allow them) then I would not be allowed to charge for a service animal?
Riki
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Don't know. The ADA Regs doesn't address fees, as far as I can see.
I read the first sentence in the Regs, and we're off the hook right there. It states Under the ADA, privately owned BUSINESSES............ . According to our County, we are NOT a business. If you have 5 rooms or more, you're considered a business. We have 4.
But, these Regs are so wide open to interpretation. If you look at the BIG picture, how many times will we have guests show up with a dog? It's not something to worry about.
But just know the rules.
We've never had a handicapped couple. But does "handicapped" mean "disabled?"
IF, IF, a couple does want to bring service dog, MOST will let us know beforehand. I think Bree was an exception.
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trishany said:
I read the first sentence in the Regs, and we're off the hook right there. It states Under the ADA, privately owned BUSINESSES............ . According to our County, we are NOT a business. If you have 5 rooms or more, you're considered a business. We have 4.
I may be wrong, but I don't think you are off the hook. These are Federal Regs that supercede any County definitions. If you allow the public into your house in exchange for money, then you are a business. I would have a lawyer make that determination before denying anyone access on the grounds that you might not be a business.
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This is a hot topic!! I'm so glad this was posted. Would never deny any service dog. In fact, one of mine is a service dog (goes to nursing homes, hospitals, etc.). But, this doesn't mean that we can't accept srvc. dogs. Or does it?
Maybe:
some guests are allergic to dogs?
some guests are afraid of dogs?
the service dog is "contrary" to other people?
the service dog doesn't like children?
there are two dogs on the premises who are very territorial?
there is already a guest with a dog who rented a room?
your insurance doesn't cover dog bites?
where will the svc. dog eat and take water. In the room with your carpet and your beautiful wood floors?
My point is that the Fed'l regs are wide open to interpretion by lawyers and judges.
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trishany said:
This is a hot topic!! I'm so glad this was posted. Would never deny any service dog. In fact, one of mine is a service dog (goes to nursing homes, hospitals, etc.). But, this doesn't mean that we can't accept srvc. dogs. Or does it?
Maybe:
some guests are allergic to dogs?
some guests are afraid of dogs?
the service dog is "contrary" to other people?
the service dog doesn't like children?
there are two dogs on the premises who are very territorial?
there is already a guest with a dog who rented a room?
your insurance doesn't cover dog bites?
where will the svc. dog eat and take water. In the room with your carpet and your beautiful wood floors?
My point is that the Fed'l regs are wide open to interpretion by lawyers and judges.
I think the rules are such that you cannot deny service for any reason other than the service animal is threatening or disruptive to the other guests. 'Disruptive' not including allergies.
You can certainly explain your territorial dogs or that another guest is present with a dog over which you have no control. Service dogs (REAL service dogs) are very well trained to not 'have' likes and dislikes. They do their job and ignore the rest. So they don't dislike children, but they will protect their person from harm. They don't dislike other dogs, but they will protect their person from harm.
If the service dog is unprovoked and aggressive toward other guests, it has to go. If it howls or damages the rooms, it has to go.
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I seem to be missing a page from the ADA regs. So, if the svc dog is "disruptive", because:
- the svc dog MAY bite the finger off an aggressive and intimidating toddler
- the svc dog smells another dog on the premises and barks all night, keeping other guests awake
- the innkeeper's dogs smell the svc dog, and whine and bark all night, keeping guests awake
- the svc dog makes other guests itch, "disruptively"
- the svc dog pees on your tulips and your expensive rug
- the svc dog wants to say hello to you, but your jealous, big dogs pounce, causing injury
Then, we can refuse the svc dog?
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trishany said:
I seem to be missing a page from the ADA regs. So, if the svc dog is "disruptive", because:
- the svc dog MAY bite the finger off an aggressive and intimidating toddler
- the svc dog smells another dog on the premises and barks all night, keeping other guests awake
- the innkeeper's dogs smell the svc dog, and whine and bark all night, keeping guests awake
- the svc dog makes other guests itch, "disruptively"
- the svc dog pees on your tulips and your expensive rug
- the svc dog wants to say hello to you, but your jealous, big dogs pounce, causing injury
Then, we can refuse the svc dog?
You may refuse the dog if it acts aggrssively before the guest takes the room (barking at you, lunging at you or family or other guests, snarling at you & yours, that sort of thing). You may ask the guest to leave if it happens after the room is booked.
The svc dog will not have any interest in you or your kids when it is 'on duty' which means when it is wearing it's halter unless YOU threaten the animal's owner. When the halter is removed, the well-trained dog is 'off duty' and will play just like any other dog.
The service dog is disruptive if IT (not any surrounding dogs/cats/children/wombats) acts aggressively or howls/barks when it is not attending to its person. Some svc dogs will bark to alert their person, but not bark excessively unless their person does not respond.
So, pretty much the only 'disruptive' behavior in your list is the one where the svc dog barks all night. Everything else doesn't count.
Peeing on your carpet is not aggression (it's actually a passive behavior in dogs). Svc animals are trained to do their business on command. Usually 'Get busy' is the command. They go where and when they are told (IF they are properly trained).
If YOUR dogs misbehave, that is YOUR problem! If your kids are a problem (and I know you don't have any so comment not directed at you) then you need to control your child.
Allergies do not count. Not yours, not your kid's, not the other guest's.
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