Moose Country Accused of Violating State Service Dog Laws
A volunteer trainer of service dogs says he was denied access to the restaurant's upstairs area, but does not plan to pursue charges.
Mendota Heights Police have no plans to charge a Mendota Heights restaurant after a volunteer trainer of service dogs said he was denied access to the upstairs area of Moose Country Whiskey and Food.
Nathan Points, a service dog trainer who has logged more than 2,000 volunteer hours training service animals, said last week that he was denied access with a service dog to Moose Country on Feb. 23. He had come there before with animals and did not expect any trouble, but he said that Moose Country’s management would not allow him upstairs to play pool.
An employee “was concerned that the dogs would be stepped on, but I explained to him that the dogs know how to walk right beside me or behind—whatever my command is—and that we just wanted to go upstairs,” Points said.
There are multiple federal and state laws that provide for public access both to people using and people training service dogs.
“Any person training a dog to be a service dog shall have the right to be accompanied by a service dog in [a] hotel, restaurant, public conveyance, or other public place,” according to Minnesota state statutes 256C.02 and 363A.19.
A Minnesota Disability Law Center fact sheet states that service dogs are allowed anywhere that they would not “fundamentally alter” the activities and that “allowing a service dog in a restaurant would not ‘fundamentally alter’ the restaurant business.”
Mendota Heights Police Chief Mike Aschenbrener, whose jurisdiction includes Lilydale, said citizens who believe a business is in violation of the laws relating to service dogs should notify the police department. But he said reported violations are rare.
"We’ve received no complaints of service dog violations, and I’ve been a police officer coming up on 30 years, and I’ve never received a complaint of a service dog violation," he said.
A Moose Country employee who declined to be identified did acknowledge the incident, but also said they have traditionally allowed service dogs in most parts of the restaurant.
He said management was unaware of the state statutes regarding service animals and said the incident was a misunderstanding. He said in the past they have asked that dogs in training stay confined to the dining area.
Under state law, the violation is a misdemeanor.
Points, the service dog trainer, said his main goal was to raise awareness about the laws relating to service dogs, and did not intend to pursue legal action.
“I bring service dogs in every type of place and business to let the dogs get used to of the environment,” he said.
He said he’s taken dogs to restaurants, on the light rail and to multiple Twins games.
“These dogs are well trained and know how to behave,” he said.
More on Moose Country:
yomammy
7:23 am on Friday, March 8, 2013
sounds like a non-story. why bring so much attention to a place for a mis-understanding and no charges?
I probably would have done the same- not knowing that a TRAINER can bring them in too...
Move on...
jer
9:03 am on Friday, March 8, 2013
This guy is a trouble maker. He wasn't denied access to the bar or restaurant to be served food and drink. Was it necessary for him to play pool and drag the dog into a crowded situation, where possibly an elderly or intoxicated customer would trip over the dog and possibly get hurt or die. Would he feel better then because he has the right to endanger the public ? Geez, use a little common sense
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Krashtest Dumby
4:50 pm on Friday, March 8, 2013
Part of the dogs training is to be subjected to real-world situations. Once the dog is trained and given to the intended recipient, they will be using the dog in crowded places - for example, crowded stores during the holiday. The trainer has to see how the dog acts in such situations in order to determine if the dog is suitable as an assistance animal.
Patty Sue
6:20 am on Wednesday, March 13, 2013
Being able to go into a bar or a restaurant was a big part of my service dog Doggie's training. I too live in a state where service dogs in training have access. We exposed Doggie to everything possible and one of my favorite things on a hot afternoon was to go eat and have a beer. Doggie always tucked in at the rail, or under a table if we sat at one. Get used to it, more people are getting and using service dogs. It is a Civil Right to be able to use them in public accommodations and also we cannot be treated any differently than others without disabilities. My dream is one day service dogs will be so common, that users will no longer get challenged when trying to be in a social situation in public. My dog is on mandated rest at the moment, due to injury. I WISH I could be out there in public, but it is not possible without him. I love that persons are out there training for others too, we need more of them!