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I have been googling for dog friendly places to stay in anticipation of my wedding next year and I came across a bed and breakfast that clearly indicated on its website that no dogs, not even service dogs, are allowed in the rooms because the owner is allergic to dander. As a business, can they restrict access to true service animals? Neither of mine are service dogs but I was curious about the matter.

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True, but the person doesn't necessarily "need" to stay at the B&B. They can stay at pet friendly accomodations elsewhere.
 

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Any business owner has the right to refuse service to anyone they wish, including dogs.
This is not exactly true. I am ion my phone and cannot provide a link to the law, TJ, could you post a link to the law that covers this please.


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Any business owner has the right to refuse service to anyone they wish, including dogs.
False...you cannot refuse service to anyone for things listed under discrimination laws. Disabilities are one of those things. Refusing service to someone beacuse they are disabled is ILLEGAL.

I'm not sure what would happen in this situation, but I believe they could be forced to take the dog. Only issue is that if the owner does have a bad allergy...it might give them enough grounds not to have to accept the dog as it will cause an inconvenience or be life threatening (the allergy) to the owner and to the other guests.

On top of that you have to consider that people have other options. If this was the only option for reasons x, y, z, you might have a case (as the PWD) but if there is a hotel right next door, or down the street, that does accept dogs (for an equal or fair rate) the case does lose merit.
 

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I don't know the exact law or how it is worded.

You can pretty much refuse service to anyone as long is it is not based on race, religion or disability.

They are not refusing the person based on their disability they are refusing because of the dog.
 

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I don't know the exact law or how it is worded.

You can pretty much refuse service to anyone as long is it is not based on race, religion or disability.

They are not refusing the person based on their disability they are refusing because of the dog.
They are refusing service to the person by refusing to allow a disabled person bring their medical device with them. That is what a service dog is, a medical device, same as a cane or wheelchair.

Now, if the owner is allergic and the B&B is their home they might have a case. While the B&B is a business the building is also their residence.
 

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Sounds like something that would need to be settled in court for someone truly offended or looking to get paid :eek:

Im biased though due to being a dog lover. Let the dog in!
 

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There has got to be an exemption for the Business Owner who is really allergic. Sometimes allergies can be life threatening. I would think that owners of services dogs would understand that and stay at a different place.
 

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Sounds like something that would need to be settled in court for someone truly offended or looking to get paid :eek:

Im biased though due to being a dog lover. Let the dog in!
Lol you wouldn't get "paid." You can force them to provide the service, or you can force them to pay for a more expensive place that you ended up renting because they wouldn't allow you in or for the extra cost of commuting to a farther place that you had to stay in because this one wouldn't allow you in. But you really wouldn't make out big...especially after court costs.

You'd also risk the chance that if the allergy is really bad they are allowed to ban any and all dogs.
 

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Lol you wouldn't get "paid." You can force them to provide the service, or you can force them to pay for a more expensive place that you ended up renting because they wouldn't allow you in or for the extra cost of commuting to a farther place that you had to stay in because this one wouldn't allow you in. But you really wouldn't make out big...especially after court costs.

You'd also risk the chance that if the allergy is really bad they are allowed to ban any and all dogs.

I would not want to get paid. I would simply take my business else where. Most hotels/motels will allow service dogs.
 

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What they're doing is illegal.

1. Q: What are the laws that apply to my business?

A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

Commonly Asked Questions About Service Animals in Places of Business
 

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What they're doing is illegal.

1. Q: What are the laws that apply to my business?

A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

Commonly Asked Questions About Service Animals in Places of Business
great find Lucy!!! This is awesome to know!!!!:)
 

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I have severe allergies myself to several things so I can empathize with the owner if that truly is the reason but it is a service business and that means being forced to open your doors by law. SA are a medical necessity, you can't bar them from coming and advertising the restriction is asking for a lawsuit
 

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This really has nothing to do with being an animal lover or not. A service dog is like a wheel chair. It's a medical need. Would this business not allow a person with a wheel chair to stay either?

I wouldn't spend a dime at a place like this whether I had a service animal or not. Horrible business practice. Hopefully someone makes an example out of them some day.
 

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Personally, I think the ADA laws should only apply to businesses of a certain size. They can drive a very small business (and I think most B&Bs are that way) out of business.
 

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I'm thinking the B&B is different. This is not a freestanding business where the staff comes in, works for a number of given hours, then go home. It is part time business, full time primary and private residence of the business owners. I would think that as a home-owner, you have a bit more rights about setting some specific limitations.
 

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A service dog is like a wheel chair. It's a medical need. Would this business not allow a person with a wheel chair to stay either?
If they were allergic to wheel chairs, probably not. Though I see no issue with what the business is doing (as Castlemaid pointed out- this is the owner's home [likely]), but I do wonder if they are legally bound to ADA laws in this regard.
 
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