As I wrote yesterday, the NC Commission for Public Health is banning dogs from outdoor areas. I feared that there would be confusion because it appears that there’s an exception for dogs in outdoor areas, but the details of the rule show why the exception is smoke and mirrors.
Pets in outdoor dining areas are allowed “provided that pets shall not pass through any indoor areas of the food service establishment and shall not come into contact with employees engaged in the preparation or handling of food, utensils, or other items that may result in contamination of food or food contact surfaces. Nothing in this Rule prohibits a food service establishment from prohibiting pets in outdoor dining areas. [Emphasis added].
Anyone on the wait staff handles utensils and therefore I argued that would prohibit dogs in most outdoor dining areas.
However, someone made a good argument to me that “comes into contact” means “physical contact,” and therefore so long as a dog doesn’t touch a waiter, then it is allowed.
I don’t read “comes into contact” as so narrow in scope especially in the context and intent of the rule (and why not just say physical contact?). Even if I’m wrong, for all practical purposes, a restaurant likely will feel that it is prohibited from allowing dogs because they can’t control whether a dog will touch a waiter, hostess, etc. As soon as one dog touches an employee that handles utensils, the restaurant has violated the regulations.
The N & O ran an article today making it sound as if dogs definitely are allowed in outdoor dining areas. At a minimum, the language makes it very questionable whether this is true.
