My library knows that service animals provide vital assistance to patrons with disabilities, and that they must be allowed on library premises without pre-approval.
We also know that when a service animal is brought into the library by a visitor, we can only ask if the animal is needed for a disability, and what work or task it has been trained to provide.
We also know that some disabilities are not easily observed, and not every person using a service animal will be perceived as having a “real” disability.
Our library is small and we prohibit all animals—other than service animals—for a combination of reasons (including cleanliness, allergies, and fear).
Our question is this: we have a patron who we think is faking it. The patron sometimes comes in with a dog, and based on a variety of factors, it seems the patron is bringing in the dog not to accommodate a disability but to taunt staff members and dare them to confront this patron. What can we do?
First: Because of the restrictions you cite, continue to not take the bait! If this person is indeed taunting library workers and daring them to deny access, continue to address the situation with tactical restraint.[1]
Second: It pains me to say this, but if you suspect a person is faking having a service animal,[2] there isn’t much you can do in the moment. The current rules are set up to maximize access for people with genuine needs, which means those who fake such needs will often get away with it. It’s maddening, but it’s the by-product of a good thing: access.
Third: Since you’re stuck with it, use it to make you better.
I don’t mean this in a “grin and bear it” kind of way. I mean, use it to inspire a series of steps that will have your team ready for the next act of seranipoke[3] as well as other situations that can test the rules about access and use of library property.
These steps are:
- Clearly designate “Employees Only” areas, where visitors (with or without service animals) cannot go.
- Ensure your library’s policy on service animals includes the requirement that the animal be leashed or otherwise restrained. A good resource for this policy development is here: https://www.ada.gov/resources/service-animals-2010-requirements/
- Consider special spaces to meet other ADA needs. Service animals should never be restricted to a limited area, but some areas can be limited to meet other needs. For example, if your library has an array of spaces people can use (such as multiple study rooms or meeting areas), one can be designated this way: “We strive to keep this space allergen free. Scented products (including personal hygiene products and cleaning products), food, and animal dander should not be brought into this space.”
- And finally: practice dealing with the “taunting/legal” personality and sub-type:[4] a life skill that will come in handy other situations in the library and beyond.
Here are a few scenarios to work with.[5]
A patron comes in and says: “Since I pay taxes, I partly own this property, so I am going to pitch a tent on the lawn. If you try and kick me out, I’ll sue you for theft.”
A visitor comes in and says: “Those lights aren’t up to code. I am going to take pictures of all the light bulbs right now. Please give me the keys to the basement or I will report you to the EPA.”
A reporter comes in and says: “We got a tip that the library only buys books published by big publishers. We are here to investigate why you are shunning local authors and indie publishers. Give us all your purchasing records or we’ll sue you under FOIL.”
For each scenario, an employee or volunteer should practice their own, personalized version of:
Everyone is welcome at the library. The library works toward access for all. Our code of conduct is here. We’ll check on your legal question.[6]
Thanks for a great question!
[1] “Tactical restraint” is otherwise known as “grace under pressure”.
[2] Which can only ever be a dog, or a miniature horse. If you need a refresher on this, visit https://www.ada.gov/resources/service-animals-2010-requirements/
[3] This is my new word for the act of using a dodgy-seeming service animal situation to taunt people (from “service animal” and “poke”). Other suggestions from my team are: PAFSA (passive-aggressive fake service animal) and Gefälschtassistenzhundprovozieren (German for “provoke with a fake service dog”).
[4] This is the sub-type that brings us the people recording in the library (A.K.A. “First Amendment auditors”) and some of those who monitor library board meetings for Open Meetings Law gaffes.
[5] I am sure many of you out there could write a whole play on this.
[6] When confronted with a legal question, a good first step is a call to the library system. They have seen it all (except people keep coming up with new things). In addition, “Ask the Lawyer” has an expedited option for quick answers, so if outreach to other institutions doesn’t help, send it on in. Chances are many others have the same question.