Des Moines Register
08-02-06
Judge puts leash on cafe for dogs, owners
State officials argued that the risk of food contamination would be too great.
FRANK VINLUAN
REGISTER STAFF WRITER
A Des Moines businesswoman's plan to create the state's first legal dog-friendly
cafe has been stopped in its tracks.
Holleen Lawrence had hoped to win an exception to the state law that bars
animals from restaurants. But a judge sided with state officials who insist such a
business poses too great a risk of food contamination.
In order to grant the exception Lawrence sought, she needed to show that state
regulators were "irrational, illogical or wholly unjustified" in denying her request,
Administrative Law Judge John Priester wrote in a proposed decision.
Lawrence "was not able to clear this high hurdle," he said.
Priester's six-page ruling will become final unless Lawrence appeals by Friday.
Lawrence said she will file an appeal.
Lawrence co-owns the Break Room Cyber CafŽ on Merle Hay Road. A lifelong
dog lover, she got the idea that other dog owners might patronize a cafŽ open to
people as well as pets. The proposed cafe would be called Buddy and Rosie's
Bark and Brew, named for her dog and her daughter's dog.
Last summer, she presented to the state Department of Inspections & Appeals
detailed plans about the cafe. She has not yet selected a Des Moines site for the
park, but the plans show numerous precautions intended to ensure food safety.
For example, dogs would be barred from food-preparation areas and an
"elimination team" would stand ready to clean up pet accidents.
The department, charged with enforcing Iowa's food laws, denied Lawrence's
initial request to open the business. When the department denied her appeals,
she appealed again to Priester.
David Werning , an inspection and appeals department spokesman, declined to
comment on the judge's decision because an appeal may be filed. But the
department has said that the food code specifically prohibits animals of any kind
in food service establishments. The law's only exceptions to that rule are patrol
dogs accompanying police and support animals such as guide dogs for the blind.
Rules in the food code can be waived or modified. But exceptions are granted
only if regulators determine that the change poses no health risk.
Lawrence presented testimony from epidemiologists and veterinarians who said
the risk of disease or food contamination from dogs would be minimal.
The department countered with an Iowa State University professor and food
expert who said that even with precautions, the risk remained high.
Lawrence's appeal of Priester's ruling must go to the director of the Department
of Inspections & Appeals. If that appeal is denied, Lawrence could make her
case in district court.
Lawrence, who has a petition of more than 1,000 signatures supporting her
effort, said attitudes toward dogs are changing. She pointed to a new Florida law
that allows dogs on restaurant patios. She also noted that Crave Bar, Grill and
Fondue Room in West Des Moines recently hosted a "Dine With Your Dog" night.
"Times are changing," Lawrence said. "We'll get it, it's just a matter of time."