STARKVILLE -- Julie and Matt Capella take their beagles, Frances and Jasmine, everywhere and never leave them at home.

"We pick restaurants where we can eat with our dogs outside," Julie Capella said. "That's our criteria."

They were not aware until recently that it's against state law to have dogs on restaurant patios, and they have never had a restaurant refuse to allow the beagles on the premises, they said.

Allowing dogs on restaurant patios violates Mississippi's adoption of the United States Public Health Service Food Code, but several local restaurants do so without knowing it is illegal, according to the Starkville Board of Aldermen meeting agenda last week. The board voted 4-2 to petition area state legislators to pass a local and private measure legalizing dogs on restaurant patios exclusively in Starkville.

Mayor Lynn Spruill said the issue came to her attention via an article The Clarion Ledger published in June, reporting the Mississippi State Department of Health's objections to pet-friendly restaurant patios in the Jackson area. The food code expresses concerns that dogs "might harbor pathogens that are transmissible through food," especially if employees have physical contact with both food and dogs.

Law enforcement officers with patrol dogs and people with disabilities who use service dogs are allowed to bring their dogs on restaurant patios under current law.

State Rep. Rob Roberson (R-Starkville) and State Rep. Cheikh Taylor (D-Starkville) both support the proposed policy change, Spruill said at Tuesday's meeting. She has yet to meet with State Sen. Gary Jackson (R-French Camp), the chairman of the Legislature's Local and Private Committee, she said.

The proposed policy would allow restaurant owners to ban dogs from their patios if they believe it is better for their business.

Aldermen Ben Carver, Sandra Sistrunk, David Little and Jason Walker, of Wards 1 to 4, respectively, voted for the petition. Ward 7 Alderman Henry Vaughn and Vice Mayor and Ward 6 Alderman Roy A. Perkins opposed it.

Neither Perkins nor Vaughn could be reached for comment by press time.

Ward 5 Alderman Hamp Beatty was absent from Tuesday's meeting but said Sunday that he would have voted yes.

"I think it sends a good signal to the city of Starkville that we welcome people who want to bring their puppies to the patios if restaurants allow it," Beatty said.

The presence of pets near food could lead to food contamination via hair or bodily fluids, said Pat Fontaine, executive director of the Mississippi Hospitality and Restaurant Association. There has been discussion in the Jackson area about allowing dogs on restaurants' outdoor premises, but there is no proof that the risk of contamination is lower outside than inside, he said.

"Common sense will tell you that when you dine outdoors, you're exposing yourself to many other possibilities of contamination outside of pets," such as insects, rodents and birds, Fontaine said.

Current practices

Dog owners and restaurant managers say little to nothing will change if the policy becomes a reality, and some restaurants already provide water bowls for their furry outdoor guests.

Six local restaurant owners -- Ty Thames, Rick Welch, Robin Fant, Barton Dinkins, John Bean and Jay Yates -- cosigned a letter to Spruill and the aldermen expressing their support for the request to local legislators.

Thames owns Bin 612, Restaurant Tyler and The Guest Room. Bin 612 encourages patrons to bring their dogs, gives them water and even cooks chicken tenders for them, General Manager Aaron Martin said.

Taylor Moore works at Bin 612 and brought her golden labrador mix, Napa, to the patio on Sunday with three friends: Joseph Campbell, Alena White and Vicky Easley. They agreed that Starkville is a dog-friendly city and that dogs should be allowed in more public places.

Campbell has been a bartender at several bars in the Cotton District, including The Klaasroom and Mojo Maroon's, and said allowing dogs is good for business.

"So many out-of-town people have told me at multiple bars that this is the only SEC (Southeastern Conference) town that is fully dog-friendly," Campbell said. "They love that they can come out and see dogs and stuff like that. It's a draw."

On the other hand, some large groups have walked out of a bar if one person is told they cannot have their dog with them, he said.

Like Bin 612, Bulldog Burger Company encourages customers to bring their dogs and provides treats and water bowls for them. The Oglesby family from Madison took advantage of this during a rare outing on Sunday with both of their dachshunds, Sammy and Daisy.

Tracy and David Oglesby brought them on a visit to their daughter, Mary Katherine, a sophomore at Mississippi State University. It was the dogs' first time out together, Tracy said.

A few waitresses, including Grace Waters, stopped to pet the dachshunds. Others were careful to step around the small dogs while carrying trays of food. Waters said dogs have not made it difficult to get around the patio in the five months she has worked at Bulldog Burger.

"Usually people are really good about keeping them under the tables and on leashes," she said.

Assistant Manager Kayla McIlwain and Martin both said there have no issues at either restaurant with dogs fighting each other.

MSDH requires at least one employee per restaurant to be certified as a food protection manager and keep other employees informed about food code rules, according to The Clarion Ledger.

Dining room supervisor Jacob Burrell is one of four Bulldog Burger employees who has taken food safety certification classes, and those classes covered food contaminants and proper storage temperatures but "never mentioned anything about dogs on patios," he said.

The Capellas have brought their dogs to restaurants not just in Starkville but also in the Jackson and Gulf Coast areas, they said.

"I'd be shocked if more than 5 percent of the (state) population knows this is a law," Matt Capella said.