Dining With Dogs

Oct. 18, 2014

Divided Opinions on Eating with Man’s Best Friend

The Grand Traverse County dogcatcher is allergic to dogs. Despite the irony, Tom Buss, the county’s director of environmental health and animal control, still loves canines–just maybe not in restaurants.

"Just watching dog habits, if you know what I mean," said Buss.

CANINE HEALTH CODE

In Michigan, it’s actually illegal to have animals in areas where food is served, including outdoor dining areas. However, state and federal food codes prohibiting animals in these areas refer to full-service dining situations. If food is prepared indoors and carried outside by the patron himself, no laws are being broken.

Still, dogs are common in many full-service establishments, especially in warmer months, yet complaints are minimal. "Most people think it’s fun to see a pet there," Buss said.

"We have customers come in specifically because they can bring a dog," said Kirsten O’Keefe, owner of the Twisted Olive in Petoskey. The restaurant has garden and courtyard seating where dogs are allowed, plus it offers water dishes for passing pets. The Twisted Olive received a high ranking on BringFido.com, a travel website that rates lodging, restaurants, airlines and more by the ease of bringing along your pet.

"We don’t have a dog menu, but we have a number of people who order food for their pets," O’Keefe said.

O’Keefe loves the vibe that comes with pets and has never had a problem or a complaint.

"It seems that anyone who brings their dog in here has a crowd-friendly pet," she said. "Whether it’s their pet or friends and family, the thing is food and fun."

LEGAL BEAGLES

Rep. Margaret O’Brien, R-Portage, has sponsored a bill in the state House of Representatives that would make it legal for dogs to accompany owners in full-service outdoor food areas. HB 4335, in its second reading in the House, amends the food code to allow "a dog that is controlled by a customer in an outdoor dining area if a health or safety hazard will not result from the presence or activities of the dog." This is "opt-in" legislation, meaning individual restaurants have the choice whether or not to allow pets, and local municipalities could still enact rules of their own.

Shortly after the bill was introduced, a 2013 poll by AnnArbor.com, showed public opinion split almost evenly as to whether to allow dogs on restaurant patios.

Betty Korthase of Boyne Falls has three dogs, but she doesn’t take them to restaurants.

"With three, they all go or none goes," she said. She feels handling three dogs in a restaurant would be too tricky. She doesn’t mind the idea of dogs in eateries in general, but opening it up so everyone could bring a dog concerns her.

"I’d worry about someone who wasn’t knowledgeable about the breed, or if a dog got away or bit someone," she said.

Still, she feels that if a restaurant posts that dogs are welcome and "slobber or a pile" is offputting to a costumer, it’s the costumer’s option to go somewhere else.

Buss explained that the health hazards of concern in these situations are fleas, salmonella and a few other "disease-causing organisms." He always makes sure to wash his hands after he pets a dog and he hopes that restaurant staff does the same.

There are also liability concerns to address.

If a dog bites someone, tips over a table, or two dogs tangle, the Michigan Restaurant Association wants to ensure that the dog owner–not the restaurant–is held responsible.

AT YOUR SERVICE

Then, there’s the loophole involving service animals, which raises a number of additional questions–starting with just what exactly constitutes a service animal.

"That’s the million-dollar question," Buss said. "You can ask [if it’s a service animal], but you can’t ask what service the animal is providing and you can’t ask for proof," Buss said.

Essentially, anyone can say his well-dressed poodle is a service dog and no one can do anything about it.

Even a snake can be a service animal.

"They help agoraphobic people feel less scared in crowds," Buss said.

Buss said he gets "a few" calls each year about dogs inside and he reminds the caller that it’s potentially a service dog. "It’s a tough one to go back and enforce," he said. "You see people training for sight-impaired [service animals] and you can tell they’re legitimate." Other service animals can raise more skepticism.

However, even service animals have rules to follow in restaurants. They are prohibited from running loose and are not allowed in areas where food is prepared. The food code also restricts where service animals are allowed in the dining area.