Welcome to Skagit County

August 13th, 2012

Rules for pets and service animals in food establishments

SKAGIT COUNTY - Do you know what the rules are for bringing an animal into a restaurant or outdoor seating area of a restaurant or pub, grocery or convenience store? According to Washington State Code (WAC 246-215-001), pets are not allowed on the premises of a food establishment. The definition of premises includes outside seating areas. Skagit County Public Health encourages managers and operators of food establishments to post signs prohibiting the entry of pets at all entrances. Food establishment staff may also verbally enforce this requirement since this is a state law.

A service animal is defined by the Americans with Disabilities Act (ADA) as "any guide or signal dog, trained to provide assistance to a person with a disability" (RCW 49.60.218). Miniature horses are also included in this definition. A disability is defined as any abnormal sensory, mental or physical condition. Emotional support animals are not covered under ADA; therefore, they can be excluded from food establishments.

Legally, a service animal is not a pet. These animals do not need to be certified or licensed by any regulatory authority and are allowed into food establishments. Some service animals wear vests or special collars to distinguish them from pets, though it is not required. The animal must be able to provide a service for a person with disabilities. A service is a specific task such as picking up items or guiding someone who is vision-impaired. A service cannot be performed from inside a jacket, a food cart, or bag. If a food establishment operator is unsure whether an animal is a service animal, he or she may ask what service the animal provides, but no proof of the patron's disability or the status of the animal is required.

Individuals with service animals must be allowed in areas where all other patrons of the establishment are allowed; segregation of a person with disabilities with a service animal is not permitted. Additional fees may not be charged for allowing a service animal in an establishment; no one but the handler is responsible for the animal in any way. In other words, anyone with a service animal must be treated in the same way as any other patron.

The service animal must be under control of the handler at all times and should not be disruptive to other patrons. Under certain circumstances a service animal may be excluded from an establishment if it is particularly disruptive or threatens the health and safety of the public. There must be solid evidence (not speculative) to make a claim for excluding a disabled person with a service animal (WAC 162-22-100).

A service animal that is in training may be excluded, according to Washington State Law Against Discrimination. In other words, the laws provide for service animals that are assisting people with disabilities but not people without recognized disabilities who have service animals.

The State Law Against Discrimination protects the rights of individuals who have disabilities and are assisted by service animals. This law does not pertain to people who do not have recognized disabilities who have service or support animals.