Please remove your canine from my hand.
March 3, 2011 6:46 PM   Subscribe

Could this be considered "breed profiling?" I don't care if it is, but I don't want any legal repercussions.

After being bitten on a meet-and-greet this evening, I put this caveat on my dog walking website:
I reserve the right to refuse to walk Chow Chows or Chow Mixes.
Now, this is my second bite from a Chow. Please, don't regale me with stories about how the Chow you know is "such a sweetheart." Once bitten, twice shy: twice bitten, bye-bye.
I'm wondering if some potential client might have a hissy fit because he thinks I'm discriminating against his breed. I am! But, if push came to shove during the interview, I would simply claim that my schedule is full up.
I couldn't be sued, could I?
posted by BostonTerrier to Law & Government (14 answers total) 1 user marked this as a favorite
 
There are no antidiscrimination laws for dog breeds.
posted by mr_roboto at 6:48 PM on March 3, 2011 [29 favorites]


Why not just say "I reserve the right to refuse to walk any dog"? But also, what mr_roboto said.
posted by synecdoche at 6:49 PM on March 3, 2011 [11 favorites]


Landlords and hotels do this all the time, you'll be fine.
posted by ghharr at 6:52 PM on March 3, 2011 [1 favorite]


I have a dog and I employ a dog walker. The caveat as written would make me think you are an inexperienced or poorly trained walker (I'm not saying you are—I'm just saying that's what I would think if I saw a caveat like that). It would probably make more sense for you to simply tell any Chow owners that you don't have room in your schedule. To do otherwise seems unnecessarily antagonistic.
posted by kate blank at 6:57 PM on March 3, 2011 [16 favorites]


Best answer: Biting aside, I've been around Chows and I think you're totally reasonable for this just because they're notorious for not being very manageable. (I once worked in a very small office; my boss brought his dogs and I was really pretty cool with that, but heaven help me if one laid down behind my chair, because at that point only God Almighty was going to be moving that thing until it woke up.) And, yeah, no law you're breaking. But I wonder, do you need to put up the notice? You could just claim the full schedule for anybody who contacts you about a Chow, if you're concerned more about image and that kind of thing.
posted by gracedissolved at 7:00 PM on March 3, 2011


legally you're in the clear, but if i saw that on a dog walker's site/brochure/ad i wouldn't call them for any breed for pretty much the reasons kate blank stated.
posted by nadawi at 7:01 PM on March 3, 2011 [2 favorites]


Best answer: As someone always rightly says in response to questions like this, you can be sued by anyone for anything at any time.

But only the craziest of crazy people would believe that you don't have the right to refuse to walk any particular dog. Your disclaimer is totally unnecessary and in fact it implies to me, the casual reader, that you are renouncing the right to refuse to walk other breeds. That's silly too. You are upset right now, right after being bitten; take a couple days to think about it, and make sure you're feeling levelheaded, before you edit your website.
posted by fritley at 7:13 PM on March 3, 2011 [3 favorites]


In veterinary medicine Chows are well known for being unpredictable and a bit defensive. No one who has experience in the field would be surprised by such a disclaimer. That said, I'd suggest saying nothing on your website or promotional materials, but if you are contacted by a Chow owner, simply tell the truth: "I'm sorry, I've been bitten by a Chow, and it's a bad association that I can't get over. I'm not able to walk your dog. My colleague, John Smith would be happy to walk your dog though, here's his phone number." Present it as a failing of yours, not the breed's.
posted by Rock Steady at 7:22 PM on March 3, 2011 [9 favorites]


Response by poster: Ahh, Rock Steady, the old "it's not you, it's me" ploy!

The cooler heads here have prevailed, and you all have convinced me to remove the line entirely from my website.
(But I'm going to dream about that chomping that bastard between two sesame seed buns tonight.)
posted by BostonTerrier at 7:27 PM on March 3, 2011


For someone to sue, they would be required to demonstrate a loss.

This would be hard to do.
posted by wilful at 8:34 PM on March 3, 2011 [1 favorite]


I see you've decided not to do it for business reasons, but regarding the original question, I can't imagine a scenario in which you could face legal liability for that. Any suit would be thrown out of court.
posted by J. Wilson at 9:11 PM on March 3, 2011


Our homeowner's insurance policy doesn't allow us to have pits or pit mixes. I am pretty sure this is legal.
posted by The ____ of Justice at 1:46 AM on March 4, 2011


As a Chow owner, I quickly got used to being turned away from services such as grooming establishments. I was never told "No Chows" but something else - no large breeds, no thick coats. I think you made the right decision from a business perspective to remove the notice.

You are being perfectly reasonable, and I would never look to hire a dog walker for my Chow unless I heard or they advertised that they specialized in the breed.
posted by rainbaby at 6:22 AM on March 4, 2011


Wow, there is actually a "Dog Bite Law" page on the internet.

I am skeptical of the "top ten lists" you see around for dog bites by breed. They either have the most commonly used stereotypes, or list all kinds of odd ones. There is little consistency - except Chows seem to make it onto almost every list.

There aren't anti discrimination laws about dog breeds, so no worries.
posted by Xoebe at 10:10 AM on March 4, 2011


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