Photo by Robert Bieber

For dog lovers, one of the best parts of an outdoor patio in D.C. is the chance to commune with some friendly pups. But now, customers are learning that it’s against the law for patios serving food to allow most animals.

Ward 1 spots like Wonderland Ballroom and The Midlands have both had to tell customers to take their pups home after Department of Health inspectors left flyers at the establishments, as detailed by Popville and Washingtonian. Apparently, customer complaints to DOH triggered the enforcement at both spots.

While these instances may have garnered some attention, they don’t mark changes in DOH policy. As Barred in DC points out, the D.C. Food Code states that “live animals shall not be allowed on the premises of a food establishment” (with the exceptions of service animals, police dogs, and edible or decorative fish). Violating the code can incur a $500 fine. Places that don’t serve food are in the clear.

That policy may be about to change, though, with the announcement that Ward 1 Councilmember Brianne Nadeau is working on emergency legislation.

“We’ve heard from a number of constituents about this issue and we’re working on legislation with Health Committee Chair [Vincent] Gray that would allow dogs on restaurant patios if the owner of the bar or restaurant would like to permit them,” says Tom Fazzini, Nadeau’s spokesperson.

Gray, who represents Ward 7, has gotten “100 or more emails from people in the past two days complaining about this policy,” he says. “I have absolutely no idea why this level of enforcement has now started. We have so many other health problems and challenges in the District of Columbia.”

What could that look like? In neighboring jurisdictions like Montgomery County, Md. and Arlington, Va., bars and restaurants can apply for permits and exemptions, per NBC 4.

“The legislation that I’m going to propose would leave it up to the owners to make that decision,” Gray says. “We’re trying to regulate something that, in my opinion, doesn’t need to be regulated.”

Christening it “Dining With Dogs,” Gray plans on introducing the legislation on October 3 alongside co-introducers Nadeau, Ward 4’s Brandon Todd, and Ward 6’s Charles Allen.

Emergency legislation takes significantly less time to go through the D.C. Council legislative process than a regular bill, and does not require a second reading or Congressional review. On the flip side, it only lasts 90 days.

The Health Department is also examining the issue. “We are aware of the concerns about the enforcement of the current health code and will review best practices and evaluate the agency’s posture on the matter,” it said in a statement.

Updated with comment from Councilmember Vincent Gray.