MSPeconomist

This concerns a USA property. I understand that by law service animals must be accepted (IIRC without any additional fees) and can go anywhere, including the restaurant, but are there any rules at all? The hotel staff didn't seem to know.

This was the situation: There was a large dog, not a seeing eye dog and without any service vest or other indication that the animal was something other than a pet, but I guess it could have been an emotional support beast. I'm no expert on dog breeds but I think it was a chocolate lab. The owner was a big old guy, neither strong nor frail looking.

When the owner took it out for bathroom breaks, I noticed that the dog tended to walk about 20-30 feet in front of the owner, both indoors and outside. There was absolutely no leash or other attempt to control the dog or keep it near the owner. The dog also felt free to approach people (strangers who were hotel guests) to sniff them and their belongings.

When I was in the lobby, the dog approached me and started to lunge and jump. At that time, the owner was about 30 feet away, just entering the lobby from the far corner. I asked the owner to please control his dog and he respond that he didn't have to as it was a service animal and he wasn't required to use a leash or do anything either, that he and the dog could do as he pleased since it was a service dog.

Is this really right? I was afraid that the dog was either going to jump all over me, with its front paws on my shoulders, or even bit me although in all fairness it wasn't barking or growling. Shouldn't a service dog be either on a leash (of a reasonable length) while in the hotel or trained to stay close to its owner?

3Cforme

Service animals get pretty free rein under Federal law - the ADA. Control is a requirement, however.

Under the ADA, service animals 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.


Emotional support animals do not qualify under ADA - they are subject to state and local law. A Starwood (or chain-wide) policy would make no sense.

The property is in a tough spot if the owner asserts it is a service animal.

MSPeconomist

I understand the free rein in terms of where the dog is allowed to go with its owner. I was questioning whether there is a rule about control, versus letting a purported "service animal" roam freely in the public areas inside a hotel rather than at least being close to the owner if it isn't on a leash or harness.

zerolife

yes as 3Cforme pointed out. Based on what you mentioned, the hotel has every right to throw the owner out.

MSPeconomist

My concern was the hotel's refusal to say anything at all to the owner. Failure to act or in fact have any rules/policy at all about this could become a liability and public relations issue if the dog were to bite someone, etc.

RogerD408

They are damned if the do anything and they are damned if they don't. Too many businesses are ignorant of the ADA and service animal laws and they do nothing. Sacramento has an attorney this is vicious about going after companies when he sees a violation and sues even if the business is willing to accommodate anyone needing assistance. Another money grab, plain and simple.

Often1

The level of training low-level staff likely get is minimal. It probably amounts to, "don't mess with people who say that an animal is a service animal."

The risk management people have likely determined that the chances of being successfully sued because the property did not give the owner the boot are a lot less than the chances of being sued (and having to pay attorneys fees ) let alone submit to an endless investigation by some government agency.

MSPeconomist

Who's talking about booting the owner? A simple request from the hotel to please either put a leash on the dog or keep it close to the owner would have been very helpful.

Spent_All_My_Miles

In case it's relevant, I had a conversation with a Delta flight attendant recently, and she mentioned that if a customer in first class has a service animal, and the animal is big enough that it encroaches upon the space of another passenger, and that other passenger complains, it is the other passenger who is moved. And if there are no other seats in first, and no one is willing to switch seats, that passenger is bumped down to coach.

It is conceivable that fear of lawsuits could cause any company to have "no rules" about service animals.

diburning

At my place of employment (my office is at a retail location), the health code forbids any sort of animals except service animals. The store is only allowed to ask if the animal is a service animal. If the owner lies and says yes, the store can't do anything about it. From what I was told, any further questioning amounts to discrimination under MA state law.† So, no one ever asks.

†I do not know if this is true. My job does not involve interacting with customers unless I'm covering for someone, so I don't have any relevant training on this subject.

FlyingUnderTheRadar

Under the ADA act one can ask what the service animal does:

http://www.ada.gov/svcanimb.htm

RogerD408

In reading: http://www.ada.gov/service_animals_2010.htm

It states:
This page also specifically limits its definition of Service Animal to being specially trained dogs, so it might me out of date.

I met someone with a trained bird that wakes him if his breathing pattern changes while sleeping. Might not have been reasonable to insist upon taking the bird into stores as he's not likely to take a nap then.

Doc Savage

We ought to convince our legislatures to levy a large fine on anyone who claims an animal is a service animal but cannot produce documentation. Then encourage private citizens to call animal control in situations like this.

Way too many of these scammers making it tough on the truly disabled who need assistance animals.

paigest

My daughter has a service dog and we travel a lot. The hotel was wrong in this situation. While you do not have to have them on a lead you do have to have them under complete control. In hotels we have stayed at long term I have had hers out without a lead but that is when the hotel is empty and he stays by my side. He certainly does not go willy nilly. The hotel could have easily removed him or told him to put his dog on a lead. There is no way the dog could provide his service that far away from him. Unfortunately there are many people taking advantage of the liberties afforded to service dogs. Recently my daughter's dog was attacked in the TSA line by another "service dog". If you have an ambassador or someone at SPG that would listen I would say something. Ironically the problem is usually the exact opposite. I am sincerely sorry you had to endure someone's dog, it is completely unacceptable and makes real service dogs look bad.

paigest

While a good idea, there isn't any documentation unless it is a phsychiatric/emotional support animal. You can sign up for an ID but anyone can do that so unfortunately it doesn't prove anything.