Ban On Dogs On Outdoor Restaurant Patios In Evanston To Be Lifted

EVANSTON, IL — The City Council unanimously approved an ordinance amending the City Code to allow dogs on the outdoor patios of Evanston restaurants as soon as the end of next month.

Restaurant operators will need to apply for variances to the city's ban on dogs or any other animal inside any public hall, restaurant, store, office, or grocery — other than a "shop for the sale of animal pets."

Ald. Clare Kelly, 1st Ward, on May 15, "with summer around the corner and in the spirit of promoting economic development in any and every way possible downtown," made a referral to the city's Human Services Committee to allow interested restaurants to permit pooches on patios.

Kelly said at the time that contacts at the Illinois Department of Public Health, or IDPH, had confirmed that Evanston did not need state permission to join Chicago and other communities that allow dogs in designated outdoor areas.

During the public comment portion of the June 7 Human Services Committee, resident Gretchen Brewster said she raised concerns about the city's dog ban with Kelly during the councilmember's campaign earlier this year.

Brewster said her 7-year-old dog Ivy was a major source of sanity and companionship for her while living alone amid the COVID-19 pandemic.

"To have the opportunity of having a meal together in the great outdoors would have been such a relief but the overbearing ordinance saying, 'No Dogs Allowed' forbade that possibility," Brewster told the committee.

"As a longtime Evanston taxpayer, I believe the use of our sidewalks is equally mine as well as for restauranteurs and patrons. Allowing dogs and other pet owners to frequent outdoor dining spots would be a joy to us and our companions and bring added revenue to our city restaurants. What's to be lost?" she said. "By the way, I bet you my dog Ivy is better behaved than 95 percent of the present customers — certainly a lot quieter and very amiable."

At the committee discussion of the idea, Health and Human Services Department Director Ike Ogbo said city staff were unable to find any Illinois municipalities other than Chicago that allow dogs in outdoor patios by ordinance.

"So we did our research to find out why Chicago has been granted this variance. It comes to be that there is a state law that allows companion dogs — that's any dog that is not a service dog — to be allowed in municipalities that have 1 million or more individuals," Ogbo said.

Ogbo said he spoke with a representative of the state public health department who said a variance could be created to allow dogs. But he said he was unsure whether doing so could jeopardize future state grants or certifications.

"There's some conflicting information here that we need some information on, and I'm still waiting on the state to get that thorough assessment of the matter," the health director said.

Kelly said she provided several sample ordinances showing how cities have managed dogs on patios, so Evanston did not need to start from scratch.

"We don't really have to revise our health code. They apply for variances to it," she said. "It's just like zoning — but for dogs."

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"Many cities have done this quite successfully," Kelly added. "And again, they have all that figured out in terms of how they handle dogs, and barking, and dogs that are not friendly. "

Ald. Peter Braithwaite, 2nd Ward, questioned how the city could enforce the new rules and whether restaurant owners would be able to discriminate against certain breeds of dogs. He said it "gets really loosy-goosy" when restaurants can start denying service.

"What is that consequences when the cute little poodle is yapping or whatever the case may be, or a customer is complaining? What's that protocol going to look like?" Briathwaite asked. "Because, just like the issue with beaches, somebody has to enforce that. Is it a police officer that's coming? Is it a fine that's given?"

The Health and Human Services Department has been tasked with preparing an application for restaurants, formulating the permitting process and developing an enforcement policy.

Assistant City Attorney Brian George said at the committee meeting that it appeared the city had the Home Rule authority to grant an exception to state food code regulations forbidding dogs, and the safest way to move forward would be to secure IDPH approval and require applications for variances.

In a subsequent July 14 memo, Ogbo and George told councilmembers the food and dairies section chief of IDPH said the question of whether the variance would or would not jeopardize the health department's state certification was still being reviewed by attorneys for the state.

By Monday, the day the ordinance received final City Council approval, state officials had confirmed that there would be no negative effect on the food safety review as long as the city implemented measures to mitigate potential public health hazards, according to staff.

"When examining the public health concerns of allowing animals at restaurants are that animals can carry diseases and cause allergic reactions to other patrons," Ogbo said in a memo ahead of the committee meeting. "Dogs also produce waste and can carry fleas, disturb the peace, attack, bark or exhibit aggressive behaviors. Furthermore, allowing dogs at restaurants will create enforcement challenges and staff time in responding to complaints of restaurant owners or patrons who fail to comply."

The number of dogs allowed in any given establishment will be based on the square footage of the outdoor dining area.

Existing bans on animals in restaurants do not apply to police or service animals, security dogs or fish in aquariums.

According to Rebecca Wisch, associate editor of the Animal Legal and Historical Center at Michigan State University College of Law, there are 17 states with laws or administrative rules allowing restaurant patrons to bring pet dogs to outdoor dining areas.

One state has an outright ban for everyone but restaurant owners themselves. In New Hampshire, restauranteurs can allow a "properly disciplined companion dog" inside their eateries as long as it stays out of food preparation areas and is announced with a prominent sign.

Evanston city staff recommended implementation of the ordinance be delayed until Aug. 27 to allow for time to draw up an application and a set of requirements.

Ogbo said the health department aims to have a variance application available for restaurants before the ordinance takes effect.

"My plan is to have the variance ready and online 2 weeks prior to the effective date," he told Patch, "to give interested restaurant owners time to apply before the effective date."