April 9, 2025
Samantha Poole, Membership & Business Development Director
What questions can I ask if someone enters my establishment with an animal?
There are two questions that a business may ask:
Is this a service animal required for a disability?
What service or task does this animal provide?
If I have a “no pets” policy, am I still required to allow service animals?
Yes, a service animal is not considered a pet. Under the ADA, businesses are required to make an exception to their 'no pets' policy to allow individuals with disabilities to use a service animal.
What if a service animal barks or growls at other people, or otherwise acts out of control?
Any animal, including a service animal, may be excluded from a facility if its behavior poses a direct threat to the health or safety of others. For example, a service animal that displays aggressive behavior toward other guests or customers may be excluded. However, businesses cannot make assumptions about an animal’s behavior based on past experiences with other animals or its breed (e.g., 'bully breeds').
When does a service animal not need to be harnessed or leashed?
There are instances when a service animal may need to be off-leash to perform its tasks for a person with a disability. For example, a person using a wheelchair might use a long, retractable leash to allow their service animal to pick up or retrieve items. Similarly, a veteran with PTSD who struggles to enter unfamiliar spaces may have a dog trained to check for threats, signal when it is safe to enter, and return to its handler. While the dog needs to be off-leash to perform these tasks, it may be leashed at other times.
Do service animals have to wear a vest or patch or special harness identifying them as service animals?
No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.
This is not to be used in lieu of legal guidance but to assist with an organization's ongoing training. Please review your legal obligations with your legal representative and see NH and US DOL documents linked for further information. This document was prepared April 2025 based on information available virtually through the NH DOL and US DOL online resources.