Hello! This is an area that includes a very slippery legal slope. As Vicki indicates, bona fide service animals (which in Michigan can be any breed of dog or a miniature horse) are permitted in public libraries and public library grounds except in very narrow exceptions: The presence of the animal creates an unsafe environment (such as a dog in a sterile operating room), or where the presence would “fundamentally alter the nature of the goods, services, programs or activities offered to the public.” (See the US DoJ FAQ on Service Animals https://www.ada.gov/resources/service-animals-faqs/, and the Michigan Department of Civil Rights FAQ Service Animal FAQ<https://www.michigan.gov/mdcr/-/media/Project/Websites/mdcr/service-animals/documents/faq.pdf?rev=677386bdd2b444de911b0ba0f1d8b6aa>). Note that “fundamentally alter” has a specific meaning (see the FAQs linked above). As Vicki indicated, staff can ask only the two questions: 1. is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff may not ash about the disability, or ask for a demonstration of the task the animal is trained to perform. Note that “Service Animal” by definition applies to a dog or a miniature horse (in Michigan). Any other type of animal does not qualify as a “Service Animal” under Michigan law or the current wording of the ADA (an emotional support cat or iguana cannot be a service animal). Also, Service dogs and miniature horses in training are required to be treated as service dogs under Michigan law. In almost all situations, a service animal must be leashed or tethered (there is an exception to this is circumstances where the nature of the disability and/or task performed by the animal would prevent a leash or tether), and the owner must be in control of the animal at all times. A service dog should not be jumping on people, excessively barking, etc. In addition, a service animal must be housebroken – if a service dog has an accident, they can be asked to leave. In Michigan it is a misdemeanor to fake a service dog. (MCL - Section 752.62 - Michigan Legislature<https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-752-62>, MCL - Section 37.307 - Michigan Legislature<https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-37-307> . If you have a patron who you suspect is faking a service dog, and their activity is creating issues for the library, suggestions for addressing this include: * Make sure you have a written policy on Emotional Support or Therapy animals. The policy could include language that recognizes the Michigan law prohibiting faking a service animal. * Consult your attorney before taking action. The line between emotional support animals and service animals can be very, very thin and civil rights and ADA law is very complex.. More information: https://www.ada.gov/resources/service-animals-faqs/ https://www.ada.gov/topics/service-animals/ https://www.michigan.gov/mdcr/divisions/ada-compliance/service-animals I hope this is helpful! Take care! Clare Clare D. Membiela, MLS, J.D. Library Law Consultant Library of Michigan MembielaC@michigan.gov<mailto:MembielaC@michigan.gov> 517-335-8132 The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. “the State may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge.” Griswold v. Connecticut, 381 U.S. 479, 482 (1965). [A picture containing logo Description automatically generated] Do you know an outstanding Michigan educator? Nominate them for 2027-28 Michigan Teacher of the Year! The Michigan Teacher of the Year Program is accepting nominations through September 23. Nominate an educator using the online form<https://mde.qualtrics.com/jfe/form/SV_3VO6y33yPJYG0t0>. For more information, visit www.Michigan.gov/mtoy.<https://www.michigan.gov/mtoy> [Michigan.gov/Vote logo Description automatically generated]<https://mvic.sos.state.mi.us/> Get personalized voter information on early voting and other topics at Michigan.gov/Vote<https://mvic.sos.state.mi.us/>. From: Vicki Shurly <vshurly@tadl.org> Sent: Tuesday, August 4, 2026 12:54 PM To: Membiela, Clare (MDE) <MembielaC@michigan.gov> Cc: Kate Pohjola Andrade <kate@woodlands.lib.mi.us>; Michlib <michlib-l@liblists.org> Subject: Re: [Michlib-l] Re: Pet Policies CAUTION: This is an External email. Please report suspicious emails via the "Report to Abuse" button in Outlook A related question: Since there are only two questions we can ask legally of a dog owner who claims their animal is a service animal, what recourse do we have should the patron out and out lie? And yes, I know the quandary is that we cannot be 100 percent sure. I had a man in our Children's Garden (animals are not allowed) last week where kids were running around playing, tell me when I asked the two questions "Yes the animal is a service dog" and "The dog is trained to comfort me emotionally." I was kind of suspect as the dog was neither calm nor focused but didn't think I could legally pursue it further. The dog did have on a vague sort of a mesh vest that said Service Dog, but it looked like something one might order from Amazon. I did let it go because I assumed I had to. We have a walking trail and I suggested that his dog might enjoy that (we do allow dogs on a 6-foot leash on the trail), but he told me the dog preferred the garden. Thoughts? For reference, the two questions we can legally ask are: Is the dog a service animal required because of a disability? What work or task has the dog been trained to perform? Thank you! On Fri, Jul 31, 2026 at 12:54 PM Membiela, Clare (MDE) via Michlib-l <michlib-l@liblists.org<mailto:michlib-l@liblists.org>> wrote: I agree with Kate- Libraries should not only have well written policies approved by their boards and reviewed by their attorneys, but if you have a policy – always follow it and enforce it consistently and neutrally to every patron. Enforcing or following policies subjectively will open the library up to claims of discrimination and violations of equal protection. If a library selectively enforces policies, it can also send a message to patrons that THEY can selectively follow library policy. As always, libraries are strongly encouraged to consult their library’s attorney on drafting or creating policies. Thanks! Clare Clare D. Membiela, MLS, J.D. Library Law Consultant Library of Michigan MembielaC@michigan.gov<mailto:MembielaC@michigan.gov> 517-335-8132 The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. “the State may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge.” Griswold v. Connecticut, 381 U.S. 479, 482 (1965). [A picture containing logo Description automatically generated] Do you know an outstanding Michigan educator? Nominate them for 2027-28 Michigan Teacher of the Year! The Michigan Teacher of the Year Program is accepting nominations through September 23. Nominate an educator using the online form<https://mde.qualtrics.com/jfe/form/SV_3VO6y33yPJYG0t0>. For more information, visit www.Michigan.gov/mtoy.<https://www.michigan.gov/mtoy> [Michigan.gov/Vote logo Description automatically generated]<https://mvic.sos.state.mi.us/> Get personalized voter information on early voting and other topics at Michigan.gov/Vote<https://mvic.sos.state.mi.us/>. From: Kate Pohjola Andrade via Michlib-l <michlib-l@liblists.org<mailto:michlib-l@liblists.org>> Sent: Friday, July 31, 2026 12:15 PM To: Michlib <michlib-l@liblists.org<mailto:michlib-l@liblists.org>> Subject: [Michlib-l] Re: Pet Policies CAUTION: This is an External email. Please report suspicious emails via the "Report to Abuse" button in Outlook Just wait until that one patron rolls in with what you think is a regular baby stroller carrying a small child. It's all zipped up, so there's no second look - child is asleep behind mosquito netting, right? Then you smell it. And you WILL smell it, because of course you will. And that's not a stinky diaper. The bottom of the "stroller" contains a litter pan, and inside is a cat, or multiple cats. Or, in one instance, sleeping ferrets. Yes, really. Have your policy handy. Everyone will want to be "the" exception and you must apply the policy equally. If staff will encounter these situations when the director or manager is not present, they need to be comfortable saying applying policy to patrons. On Fri, Jul 31, 2026 at 11:59 AM Deb Hemmye via Michlib-l <michlib-l@liblists.org<mailto:michlib-l@liblists.org>> wrote: Very cool! (No pun intended. Well, maybe a little ;) Deb Hemmye Library Director Huntington Woods Public Library 26415 Scotia Road Huntington Woods, MI 48070 248-543-9720, ext. 686 Currently listening to Less, by Andrew Sean Greer. [cid:image003.jpg@01DD24C4.38727CC0] ________________________________ From: "Abby Bond" <bonda@libcoop.net<mailto:bonda@libcoop.net>> To: "Deb Hemmye" <dhemmye@hwoodslib.org<mailto:dhemmye@hwoodslib.org>> Cc: "Michlib" <michlib-l@liblists.org<mailto:michlib-l@liblists.org>> Sent: Friday, July 31, 2026 11:37:00 AM Subject: Re: [Michlib-l] Re: Pet Policies This is probably cost prohibitive, but Ferndale had air conditioned dog houses at a few restaurants. wxyz.com/news/air-conditioned-dog-houses-now-outside-metro-detroit-restaurants<https://urldefense.proofpoint.com/v2/url?u=http-3A__wxyz.com_news_air-2Dconditioned-2Ddog-2Dhouses-2Dnow-2Doutside-2Dmetro-2Ddetroit-2Drestaurants&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=sW0QtgsUF_VTgHYbMLAYDX2ikQwQhwFgtcNmyu5STJQ&m=SaWR-l6lZUOWYWmGngJGWjRyP-hbGyqWBUzAypL_Vh1kki4ejXLkAPZsN1R-hc4d&s=2xjLW5ule_O-cpu_cqCSBJIXCAyOK881HWycsYHVIiE&e=> On Fri, Jul 31, 2026 at 11:13 AM Deb Hemmye <dhemmye@hwoodslib.org<mailto:dhemmye@hwoodslib.org>> wrote: I agree with both of the responses so far. This is surely a legal liability, however we are a very small, very walkable community so we, too, have patrons coming in with their dogs. We don't have a pet policy and we discourage dogs in the library, however, our checkout desk/holds are about five steps inside the library so people do dash in, get their holds, and move on. usually very small dogs, many that are held in their arms. However, we have had others who want to browse the library and I've asked them to take their dog outside. Likewise, we also one time had a woman who only in our entryway area - presumably to get a hold - but her dog was barking and growling at everyone who walked within five feet of her so I asked her to remove her dog and we would bring her hold out to her. Besides the issue of biting, there are dog allergies, fear of dogs, and just the irritating sound of a dog barking or two dogs growling at each other. None of that is appropriate in a library. That said, as a dog owner and dog lover, I have tried to think of a way to allow people to feel comfortable leaving their dog outside for the brief time it takes to come in and grab a hold. A post outdoors you can easily attach a dog's leash to? A small gated area? Curb-side/sidewalk-side service for holds only? We haven't implemented any of these - partially because of lack of outdoor space, but if anyone has come up with a good option for leaving a dog outside the library, please share! Deb Hemmye Library Director Huntington Woods Public Library 26415 Scotia Road Huntington Woods, MI 48070 248-543-9720, ext. 686 Currently listening to Less, by Andrew Sean Greer. [cid:image003.jpg@01DD24C4.38727CC0] ________________________________ From: "Michlib" <michlib-l@liblists.org<mailto:michlib-l@liblists.org>> To: "Abby Ollila" <aollila@stignacelibrary.org<mailto:aollila@stignacelibrary.org>> Cc: "Michlib" <michlib-l@liblists.org<mailto:michlib-l@liblists.org>> Sent: Friday, July 31, 2026 10:27:34 AM Subject: [Michlib-l] Re: Pet Policies Hi, I'm sure this is a Clare issue, but I would think allowing any animal into the library besides service animals could put you at legal risk. If a "well-behaved" dog bites someone, who is responsible? On Fri, Jul 31, 2026 at 10:14 AM Abby Ollila via Michlib-l <michlib-l@liblists.org<mailto:michlib-l@liblists.org>> wrote: Hello, library world! I was wondering if anyone is willing to share how their library handles pets / any pet policies you have. The topic was recently raised by a patron, and before I bring it to my board, I'd love to hear how other libraries approach it. If you have a written policy or any insight into what has worked (or not worked) for your library, I'd really appreciate it. I'm also curious whether anyone had an attorney review or help draft their policy, or if you developed it internally. Thank you! Abby Ollila Director St. Ignace Public Library 110 West Spruce Street St. Ignace, MI 49781 (906) 643-8318 _______________________________________________ Michlib-l mailing list -- michlib-l@liblists.org<mailto:michlib-l@liblists.org> To unsubscribe send an email to michlib-l-leave@liblists.org<mailto:michlib-l-leave@liblists.org> -- Abby Bond Director Eastpointe Memorial Library 586-445-5096 _______________________________________________ Michlib-l mailing list -- michlib-l@liblists.org<mailto:michlib-l@liblists.org> To unsubscribe send an email to michlib-l-leave@liblists.org<mailto:michlib-l-leave@liblists.org> -- Abby Bond Director Eastpointe Memorial Library 586-445-5096 _______________________________________________ Michlib-l mailing list -- michlib-l@liblists.org<mailto:michlib-l@liblists.org> To unsubscribe send an email to michlib-l-leave@liblists.org<mailto:michlib-l-leave@liblists.org> _______________________________________________ Michlib-l mailing list -- michlib-l@liblists.org<mailto:michlib-l@liblists.org> To unsubscribe send an email to michlib-l-leave@liblists.org<mailto:michlib-l-leave@liblists.org> -- Victoria M. Shurly, Director Peninsula Community Library 2893 Island View Road Traverse City, MI 49686 231.223.7700 vshurly@tadl.org<mailto:vshurly@tadl.org> "It is good to have an end to journey, but it is the journey that matters in the end." Ursula Le Guin
