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Can I restrict animals and small children from entering my

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Can I restrict animals and small children from entering my business?
Submitted: 6 years ago.Category: Business Law
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Answered in 3 minutes by:
10/2/2011
Business Lawyer: Alex Esquire, Attorney replied 6 years ago
Alex Esquire
Alex Esquire, Attorney
Category: Business Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney
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Hello. My name is Alex and I will be happy to answer your question.

Animals yes (except for service animals), but small children generally no, unless the nature of your business is inherently hazardous to small children (shooting range would be a good example).


If you are satisfied with my answer, I would appreciate if you would click on the accept button.
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Customer reply replied 6 years ago
Regarding children:
If their parent is occupied by being in the stylist's chair, it worries me that the child may get hurt by chemicals being used in services or hot tools. Does that justify "inherently hazardous". Also, the salon is supposed to be a relaxing eperience and my business depends on my creation of the appropriate ambiance. Young children often disrupt that ambiance. Is that a valid reason to exclude them?

Regarding pets:
I should have been more specific.
I know I must allow service dogs, but how do I determine if a dog is a service dog and not just someone who has to take their dog with them everywhere? Can I request that the dog wear identifying apparel? Also, do I have to allow "emotional support" dogs for clients with no apparent disabilit?
Business Lawyer: Alex Esquire, Attorney replied 6 years ago
1) You can post a sign that states that children have to be supervised at all times and if someone walks in with a small child without someone else to supervise the child you would be able to inform them of your policy which is there for their small children safety.

2) Generally it is pretty ease to determine a service dog, as they are trained and used to guide blind people in most instances.

With emotional support dogs, it is more of a gray area, but so far the courts have agreed that they do not have the same lever of protection as service dogs, when it comes to pet restrictions and exclusions.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!

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Customer reply replied 6 years ago
Regarding child policy:
I have signs posted and our email appointment confirmations also state our child policy so it sounds like I'm covered, right?

Regarding pets:
So emotional support dogs don't have the same protection - what protection do they have? Do I have to allow them in? Do they have to wear anything to identify them?
As to service dogs:
If they are with a blind or obviously disabled person, of course they are welcomed, but what if the disability is totally unapparent? Again, can I ask that they wear identifying apparel or tags?
Business Lawyer: Alex Esquire, Attorney replied 6 years ago
1) Generally giving advance notice of your business policies along with explanation why they are implemented is a good way to get your message across to your customers.

2) Service dogs would have to wear some type of visible signage that would identify themselves as such.

With the emotional support dogs, as I said it is not as clearly defined, so if you try to preclude them from entering your business, you might end up facing legal challenge from the owner.

Also the owners of service dogs and emotional support animals, would have some type of certification or doctor's not that would identify their pets as such.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!
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Customer reply replied 6 years ago
Yes, but can I require they wear something to identify them as assistance dogs or require the pet owner to show me some proof? Is that legal? The ADA does not consider emotional support dogs as service animals so I can't find anything online that tells me what the laws are governing that.
Business Lawyer: Alex Esquire, Attorney replied 6 years ago
As I stated before, the law is somewhat unsettled with "emotional support" dogs/pets and vary from court to court.

You would be within your right to request proof that an animal is either a service animal or an emotional support animal from their respective owners (unless it is obvious).


If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!
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Customer reply replied 6 years ago
Relist: Incomplete answer.
This answer seems to conflict with what is stated on the ADA website.
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Alex Esquire
Alex Esquire
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