When a Dog is Just a Dog? A Case Study Evaluating the ADA Service Animal Rules

This case study evaluates the American’s with Disabilities Act requirements regarding service animal use. The first author was retained as a defense expert in a case where a woman placed her small dog on a table at a restaurant and when she was asked to sit at an exterior table, she sued the restaurant on the basis of disability discrimination. This paper evaluates the relevant facts of the case and clarifies when an animal qualifies as a service animal, and when a dog is just a dog. “Ms. Barker ” enters a seafood restaurant and sits in a booth with her daughter. After a few minutes, she removes a small dog from a purse-like bag that she carried into the restaurant and sets the dog on the table. When the manager sees the dog on the table, he asks her to sit outside at the patio seating available for customers. She sues the restaurant for discrimination under the Americans with Disabilities Act (ADA), claiming the dog wa