August 7, 2006
Not Going to the Dogs
A recent article in the Toronto Star about the pressing issue of dogs on restaurant patios caught our eye. The piece referenced a Gabby’s franchise which had previously allowed the practice, but which, according to the article, no longer did. Since the place is right down the street, we leashed up the dog (not purchased especially for this story) and raced over to investigate.
Our worst fears were realized. Dogs had indeed been relegated to the outside of the patio fence, a distinction meaningless from a hygiene perspective but heartbreaking to dog lovers separated from their pets by a Berlin Wall of wrought iron. One more battle had been lost in the war for canine emancipation.
The reason for the turnabout is simple: as the Star notes, dogs on patios are considered violations of Section 59, Subsection e) ii of Regulation 562 of the Ontario Health Protection and Promotion Act, which states that:
"Every operator of a food premise shall ensure that... every room where food is manufactured, prepared, processed, handled, served, displayed, stored, sold or offered for sale is kept free from … live birds and animals."
Apparently some mean-spirited patron had complained to the city about Gabby’s willful disregard for subsection e)ii. Since restaurant owners can be penalized for contravening this law, management had no choice but to comply.
Even ignoring the obvious question of whether an outdoor patio can reasonably be called a room, the merits of the law are highly dubious. Europeans have been bringing animals into cafes and restaurants for generations, without any outbreaks of pet-related infection.
Of course some people prefer not to share their eating space with animals, even adorable ones. However, in the absence of any real health issues, wouldn’t it make sense for restauranteurs to be allowed to post “dog-friendly” signs on their establishment and let patrons decide for themselves if they want to come in?
Dogs tied up outside the patio area will still be permitted to smoke.
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I totally agree!!
I love the way dogs are allowed in restaurants in Europe. It's too bad that the law in question is an Ontario-wide law.. It makes it hard for a bunch of torontoist readers to get together to advocate change.
I doubt the suburbanites of Ontario would care much about being able to toss their dogs in their SUVs and drive them to the nearest Alice Fazooli's/East Side Mario's/insert chain here..
Only cooked dog should show up in a restaurant. Thanks, bylaw enforcement dept!
If the rule really really bugs you, maybe that means you need your dog with you as a "service dog." According to s.60(2) "A dog other than a guide dog for the blind is a service dog" [and exempt from the rule] if you "can provide on request a letter from a physician or nurse confirming that [you] require a service dog."
Meh, maybe it's because I'm just not a dog person, but I don't have a problem with it. Having the dog separated from its owner by a fence hardly seems heartbreaking to me. That's an adjective reserved for actual loss not mild inconvenience.
The food contamination argument may be specious, but there are others. I'm not a big fan of animals on patios because:
a) They can get in the way of servers and clientele;
b) They can cause trouble in an enclosed space if they don't get along with other animals brought in; and
c) The number of people with allergies to dogs or cats seems to be quite high, at least among people I know, and they deserve to eat and drink without swelling up like a balloon.
But I can't honestly say I care that much either way.
I like dogs. But, to say that "the battle for canine emancipation" has been lost in Toronto is a bit of an exaggeration. If anything, this city seems dog crazy. I can rarely ride in an elevator without being accompanied by a cute dog and their owner (which is cool). Unfortunately, I also can't walk on any grass in my neighbourhood, or sit on the ground in a nearby park, without fear of stepping in some "evidence" of a dog's previous visit. In the spring my neighbourhood reeks of rotting dog shit for weeks as the snow and frozen ground melts to reveal everything that owners didn't bother to pick up.
On a patio, I would personally not mind having a friendly well-behaved dog lying on the ground nearby. However, not all dogs are like this: some are aggressive, stinky, whiney, or yappy, and the owners rarely seem to notice this. It's also important to realize that not all people are raised to view dogs are friendly indoor pets; some find the idea disturbing. Some Muslims, for example, view dogs as dirty and do not appreciate them indoors or near eating areas. While I don't personally feel this way, I respect their right to enjoy a meal in public.
In short, patios are a public area and some dogs can be bothersome to some people: I don't think this law is unreasonable, really.
Just to clarify, I don't really think that keeping a dog outside the fence is "heartbreaking" nor do I believe that the battle for canine emancipation is the epic struggle of our time. That was just, you know, writing...
I do recognize that some people don't like dogs, just like some people don't like babies, or garlic, or baseball caps. That's why I'd suggest that patio owners use a "dog-friendly" sign to tell people that if they sit there, they may have to put up with dogs. I don't think it needs to be legislated.
Having a dog in a restaurant is also a huge safety liability. I got my face sliced open by a dog in a business (it was the business owner's dog in that case). Everyone thinks their own animal is great, but in reality, a lot of them are not properly socialized and should not be put in a situation like being stuck on a patio full of diners. Who knows how all of the dogs will react? I would not want the risk if I were a business owner.
A dog can be a safety liability, as can a broken beer bottle. My point is not that dogs should be allowed into all restaurants. It's that in the absence of any public health issues, restaurant owners should be allowed to decide for themselve, and not be legislated into accomodating the preference of a segment of the population.
I would definitely patronise a baby-free restaurant.