Can a business deny access to a dog if it’s disruptive?

Yes, a business can deny access to a dog if it is disruptive, even if the dog is a service animal or emotional support animal. While service animals are protected under the Americans with Disabilities Act (ADA) and are generally allowed in public spaces, businesses have the right to remove a service animal if it poses a direct threat to the health or safety of others, is not under control, or is not housebroken. Emotional support animals, which are not covered under the ADA, have fewer legal protections and can be denied access more easily.

1. Legal Framework and Rights
Under the ADA, service animals are defined as dogs (or in some cases miniature horses) that are individually trained to perform tasks for individuals with disabilities. These tasks can include guiding individuals who are blind, alerting individuals who are deaf, pulling a wheelchair, or performing other specific functions. Businesses are required to allow service animals to accompany their handlers in all areas where the public is normally allowed to go. However, if a service animal is disruptive—such as barking excessively, growling, lunging, or showing aggressive behavior—the business can ask the handler to remove the animal from the premises. The same applies if the animal is not housebroken or is not under the handler's control.

Emotional support animals, on the other hand, are not considered service animals under the ADA. They provide comfort and emotional support but are not trained to perform specific tasks related to a disability. As such, businesses are not legally required to allow emotional support animals in public spaces, and they can deny access if the animal is disruptive.

2. Disruptive Behavior and Its Impact
Disruptive behavior in dogs can include excessive barking, growling, jumping on people, or showing signs of aggression. Such behavior can create a hostile or unsafe environment for other customers and employees. For example, a dog that barks incessantly can disturb the peace and make it difficult for others to concentrate or enjoy their experience. A dog that shows aggression, even if it does not bite, can cause fear and anxiety among those nearby.

3. Practical Steps for Businesses
If a business encounters a disruptive dog, there are steps they can take to address the situation professionally and legally. First, they should assess the behavior to determine if it poses a direct threat or is simply a minor nuisance. If the dog is a service animal, the business can ask the handler to regain control of the animal. If the handler is unable to do so, the business can request that the animal be removed. It is important to communicate respectfully and avoid making assumptions about the handler's disability or the dog's training.

For emotional support animals, businesses have more leeway to deny access, especially if the animal is causing a disturbance. However, it is still advisable to handle the situation with sensitivity and professionalism.

4. Risks and Concerns
One of the main risks of denying access to a dog is the potential for legal action if the handler believes their rights have been violated. To mitigate this risk, businesses should document the incident, including the specific behavior that led to the decision to remove the animal. They should also ensure that their policies are in line with ADA guidelines and that staff are trained to handle such situations appropriately.

5. Prevention and Long-Term Care
To prevent issues with disruptive dogs, businesses can implement clear policies regarding service and emotional support animals. These policies should be communicated to staff and customers to ensure everyone understands their rights and responsibilities. Training staff to recognize the difference between service animals and emotional support animals can also help prevent misunderstandings.

6. When to Seek Professional Help
If a business frequently encounters issues with disruptive animals, it may be helpful to consult with a legal expert or ADA specialist to ensure their policies and practices are compliant with the law. Additionally, businesses can work with local animal behaviorists or trainers to develop strategies for managing disruptive animals in a way that respects the rights of all parties involved.

In summary, while businesses must accommodate service animals under the ADA, they have the right to deny access to any dog—service animal or otherwise—if it is disruptive, poses a threat, or is not under control. Handling such situations with care, professionalism, and adherence to legal guidelines is key to maintaining a safe and welcoming environment for all.