Let’s Discuss: Are Pooches a Problem in Public Places?

To most of the world “dog days” means that sultry part of the summer when the heat makes us want to crank up the air conditioner or the fan and get really lazy.

But in West Hollywood, every day is a dog day. That is, if you define “dog day” as that day when you can roll the ball down the aisle at Whole Foods and laugh as your pup chases it. Or that day when you’re sitting on the fly machine at 24 Hour Fitness, texting to your bff, while your fat little pug pants at your feet. Or that evening when you put that pooch over your shoulder as you address the WeHo City Council.

In a city where only 5% of the population has children, dogs are our kids. And they certainly deserve our respect, as City Councilmember John D’Amico noted when he famously condemned the city’s “fetishization” of children by giving those little humans more space in the city’s park renovation plan than it did to our dogs.

But should pooches, some of whom do have a propensity to poop and pee in public places, really be given entry to WeHo’s restaurants, coffee shops, theatres, bars, grocery stores and gyms? That’s a question that many of our readers have asked.

On the one hand, pooches in public places project a very French sort of sophistication (Rover can get an actual seat at the table at a restaurant in Paris). There also are the federal and state laws that allow people to take “service animals” into all sorts of places. For some people, such dogs are essential for getting around and not being homebound.

The Americans with Disabilities Act (ADA) requires “reasonable accommodation” for service animals, which it defines as “any dog that is individually trained to do some work or perform tasks for the benefit of an individual with a disability.” (The ADA in some circumstances includes miniature horses). The ADA explicitly does not include animals who provide only “emotional support.” Under the ADA there are no restrictions on size, weight or breed of animal – that pit bull needs to be treated as nicely as a poodle.

Not every dog, or dog guardian (as owners are officially defined in WeHo), qualifies.

California law defines a service dog as one that actually is trained to help a specific individual in a specific way with a disability. That help could include pulling a wheelchair, fetching dropped items and helping rescue you if you pass out. So a dog trained only to run to the sidewalk and fetch the Sunday newspaper won’t qualify.

What is a disability? The definition in California is a bit murky A disability that qualifies one for a service dog is a physical or mental impairment that limits a major life activity – whether physical, mental or social. For example, something that makes it difficult to walk or eat or get up from a chair would be a qualifying disability.

California doesn’t consider emotional issues a disability. So lying to your spouse about your cheating, or getting in a huff when someone ignores you in a bar, won’t qualify you. If you are diagnosed with clinical depression, bipolar disorder, organic brain syndrome, an emotional or mental illness or specific learning disabilities, any of which limits a major life activity, you will qualify. (By the way, in its list of qualifying mental issues, state law specifically excludes compulsive gambling, kleptomania or illegal drug addiction.) But qualifying isn’t enough. That service animal must be trained to deal with that specific disability. (Q: Would a dog whose licks make you laugh qualify if you’re diagnosed as clinically depressed? A: Who knows?)

So how do you know if that dog chasing the ball down the aisle at Whole Foods (and that really happened folks) is a service animal? There’s the problem. (By the way, under state law, a service animal must be leashed or harnessed in public — hint, hint to the woman throwing the ball at Whole Foods). Owners of service animals are encouraged to register them and put tags on their collars that show they are service animals, but that isn’t required.

A business owner or manager can ask if a dog (or miniature horse) is a service animal that one requires because of a disability. The business owner also can ask what the dog is trained to do. But that’s all. If the business owner kicks the person with the service animal out, he could be fined up to $55,000, with fines of up to $100,000 for subsequent violations under the ADA. The risks are lower for those with “service animals” that don’t meet the requirements. In California, falsely claiming your dog is a service animal could get you up to six months in jail (unlikely) and/or a fine of up to $1,000.

So, dear readers, is the perceived proliferation of dogs in the city’s bars, shops and restaurants really a problem? If it is, what, given the restrictions noted above, should be done about it? Please offer your thoughts in the Comments below. (Reminder: This forum is for a debate about the issue. Attacks on individuals or local businesses are not permitted.)