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Legislation seeks to allow restaurants to decide pet-friendly status

Sarah Mueller
John Welch and JoAnn Core discuss dogs in outdoor areas at restaurants while visiting Lori's Cafe last month with their dogs.

Proposed legislation would leave it up to restaurant owners to decide whether dogs are allowed in their outdoor areas.

The Delaware Division of Public Health recently issued interim guidance to restaurants, many of whom were caught off guard by its August Facebook post that live animals were banned from restaurants - except for service animals.

Pet-friendly restaurants were unaware of the ban in outdoor areas because food inspectors hadn’t been enforcing it. Public health officials say they’ll continue not enforcing the ban for now.

But bill sponsor, House Speaker Pete Schwartzkopf says restaurant owners shouldn’t have to trust that food inspectors won’t enforce the regulation. He says action has to be taken to provide certainty to businesses and customers.

“The bottom line is like I said, they have the ability to suspend the regulation," he said. "They can get rid of it, they can suspend it. They haven’t done that, they’re just basically saying ‘Trust us.’”

Schwartzkopf said his bill gives restaurant owners final say on allowing dogs on outdoor patios and beer gardens. He said if public health won’t take action to help pet-friendly restaurants, his new bill will.

“So, I want them to know I’m serious about running this bill in January," he said. "And if they want to go ahead and get rid of the regulation, then that’s fine. Then I won’t need to do it. But I decided to put it out there and let them know I’m serious about it.”

Schwartzkopf said he’s ready to take up his bill in January if Public Health doesn’t take action to help pet-friendly restaurants. It’s promised to release updated guidance by the end of the year.

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