So, what is wrong here? Why is the ADA service animal [dog] provision such a fail?
It empowers dog people to take their dog everywhere COUNTER to:
- Local and state health and safety laws. Feds came in and USURPED the rules set by all these states and municipalities that said NO ANIMALS in places that sell or serve food, among other things.
- Feds ALSO usurped the rights of proprietors and the public to a dog-free space. I have a right to seek a dog free dining experience.
All of this is VERY heavy handed, and I believe, of dubious constitutionality. For example, the my state government does NOT allow pets on state park beach areas. The feds came in and said, YES you must allow mutts everywhere, including the beach as long as the dog owner says "the magic words!". This is a breach of home rule protections.
I believe it is also a breach of association rights and property rights. Say you are a proprietor of a restaurant, and you want to offer people a dog free space. Thanks to the ADA, you are now no longer allowed to do that: You MUST accommodate the dogs, or else.
The worst problem with this is: The Feds bestowed all this *power* upon dog owners WITH NO OVERSIGHT.