The North Carolina Commission for Public Health has just proposed a statewide ban on dogs (and all pets) in outdoor dining areas of restaurants.

The language of the proposed regulations (see page 1249) has a general rule that live animals are not allowed on the premises of food service establishments.  There are a few exceptions, such as for service animals for the disabled.  The exception of interest is this one that allows:

pets in outdoor dining areas; 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].

Since wait-staff handle utensils, this exception is extremely limited.  It would only cover outdoor areas where employees in no way handle utensils (“or other items that may result…”).  So maybe this would cover a restaurant where a customer goes to a counter, picks up the food, and sits down outside to eat the food.

This issue is far from unimportant.  It is another attack on property rights, grounded in the same logic, as the smoking ban.  Instead of telling property owners they can’t have smoking in their establishments, an agency is telling property owners they can’t have pets in (or outside) their establishments.

For more background on this issue, I highly recommend this column by Jenna.

A hearing on the proposed rule is February 16, 2010.  Comments are due April 5, 2010.