Fur-friendliness: Local business owners talk pet policies
In late March, Carol Wight, CEO of the New Mexico Restaurant Association for the past 21 years, issued a press release reminding business owners of the state’s regulations regarding when animals can — and cannot — accompany their owners at restaurants.
“As the CEO of the New Mexico
Restaurant Association, I am compelled to address a growing concern cropping up in dining establishments across our state — the presence of non-service dogs in restaurants,” Wight wrote. “While we understand the love and companionship our furry friends bring, it is important to recognize the potential health and safety risks of allowing dogs in food service establishments.”
According to New Mexico
Health Department regulations, dogs are not allowed in restaurants unless they are service animals, which are defined in the state as dogs or miniature horses under 100 pounds that are trained in specific tasks to assist an owner with a disability.
Taos News reporters recently surveyed 52 businesses in Taos, including 15 restaurants, 15 retail shops, six galleries, five hotels, four cafes, three various food establishments, three bars, and two dispensaries about their own views on pet friendliness in a community known for its love of animals. Out of all surveyed businesses, 36 said they allow all dogs, whether or not they are service animals. Many local retail businesses advertise their pet friendliness by offering treats and water bowls to visiting animals.
Dogs in local restaurants
Out of 15 surveyed restaurants in Taos, only four said they allow all dogs inside and outside the establishment, whether or not they are defined as service animals by the New Mexico Restaurant Association.
Of the surveyed restaurants, 13 had patios, which since 2011 in New Mexico can legally host dogs regardless of whether they are service animals. Ten of the 13 restaurants complied with that law, while three restaurant owners said they only allowed service dogs on the premises, including in their patios.
Some restaurants provided reasons for their canine concerns.
At Guadalajara Grill, for example, Manager Ignacio Solis said there was a time when the restaurant allowed all pets on their patio, until a major fight between two dogs ruined lunch for a group of customers and almost bit one of them. Now, signs at Guadalajara Grill’s two locations remind pet owners to leave their animal companions at home. However, Solis said both restaurants comply with state regulations by allowing service dogs inside the restaurant and on the patio.
Solis — and many other restaurant workers when surveyed — said they think customers often lie about whether their animals are certified service in animals, a designation that is only loosely defined under the U.S. Department of Justice Civil Rights Division.
Restaurant employees have very few options when it comes to investigating the legitimacy of a service animal, according to Denise Dumesnil, the leader of the Taos division of Assistance Dogs of the West, a Santa Fe-based nonprofit organization focused on training service dogs.
If a customer claims their dog is a service animal, there are only two questions staff members can legally ask them, according to the Americans with Disabilities Act: “Is the dog a service animal required because of a disability?” and “What work or task has the dog been trained to perform?” Staff are legally barred from asking about the owner’s disability. They also cannot ask to see the animal perform its tasks, nor can they request documentation for the service animal, such as a card or paperwork.
“The intention is to try to balance peoples’ privacy with explaining that this is a service dog for a disability,” Dumesnil said. “And a key thing with that second ques
tion — ‘What work or tasks has the animal been trained to perform?’ — that is what differentiates a service dog from an emotional support animal. Service animals have to be trained to do observable tasks, whereas an emotional support animal does not need any training at all, which is why it doesn’t have public access.”
Dumesnil said people do fake service dogs, although it isn’t usually a malicious act. Often, these people are just trying to cope with a disability or impairment, and thinking of a pet dog as a service dog might help them with that, she said.
“I think people generally do not know that they are faking it,” Dumesnil said. “A lot of the times, people legitimately feel better with their dog, and they legitimately have been diagnosed with a mental health disorder. I think a lot of the time people legitimately don’t know that there is this task-training element that has to be there for it to be a service animal.”
According to Dumesnil, a service dog’s vest is not a “valid” item, nor is it indicative of a true service dog. In fact, anyone can buy a “service dog” vest for their dog on Amazon, where they cost $15-20. To counter the mass availability of vests, Dumesnil’s business, and others like it, provide their own vests to dogs trained there. Dumesnil said that the vest is not a requirement for service dogs because some disabilities make it difficult to dress a dog before going out in public.
According to the New Mexico Governor’s Commission on Disability, state law prohibits people from “misrepresenting” a service dog. Breaking the law is a misdemeanor that carries a $1,000 fine and possible jail time.
Dumesnil also said there is not a certification process for a dog to become a service animal, nor is there a required certification for the person who trains it. She added that a service dog can either be trained by a professional trainer or by its owner, a system built to increase financial accessibility.
Adopting a service dog can cost anywhere from $10,000 to $50,000, depending on the tasks it is trained to perform, according to U.S. Service Animals, an online service animal registry and information hub. Some can opt to adopt an untrained dog and hire a professional trainer, which costs $150 to $250 per hour, according to the same organization.
Dogs in other businesses
The overwhelming majority of retail business owners this paper surveyed around Taos expressed a positive view of pet owners bringing their dogs onto their properties, and only two had reservations due to prior aggressive or disruptive behavior dogs had exhibited at their businesses in the past.
For example, Atira, owner of Atira’s Southwest, said she used to allow all dogs in her shop until she had an incident where a dog urinated on the floor. The owners did not clean it up, and children slipped in it. Two years after the incident, she prefers customers to leave jittery dogs outside. She recalled another incident when a dog jumped on a glass display case.
While surveying, the Taos News found that many business owners took their own animals into work with them.
Many business owners said dog owners will have a spouse or friend wait outside with the leashed dog while they go inside the store. When saying that all dogs are welcome, many business owners added animals had to be well behaved to be in their stores or restaurants. Many surveyed businesses in the Taos Historic District sold fragile products, such as pottery, ceramics, glassware and artwork.
One business owner noted that, when she traveled to Paris, some dogs were allowed a seat at the table at dining establishments, as long as they behaved well.
“I just get a huge kick out of seeing the different personalities in the different dogs when they come in the shop, and I think other people enjoy it as well,” said Jennifer Hoffmann, owner of Indigo Market on Taos Plaza “I think just the presence of dogs makes it a little more fun and relaxed.”
Out of seven food businesses, including bakeries, chocolatiers and cafes that were surveyed, all of them were open to dogs being in or on the premises. These businesses also tended to provide treats. Three bars were also surveyed, two of which only allow service dogs inside, although all dogs were welcome outside of the establishments in patio areas. One bar said all dogs were welcome.
Of five surveyed hotels in Taos, only one did not allow dogs, unless they are service animals. Others charge fees per dog, per night, ranging from $15 to $50.