Question

When does a manager have the right to ask guests to remove a

service animal from the dining area?
A. When the service animal causes a health or safety
issue
B. When a customer complains that he is allergic to the
service animal
C. When the manager notices the service animal is not
on a leash
D. When the service animal is not wearing a vest or other
identifying feature

Answer 1

A. When the service animal causes a health or safety issue.

Under the Americans with Disabilities Act (ADA), a manager of a business, including a restaurant, may ask a guest with a service animal to remove the animal from the premises if the animal is out of control and the handler does not take effective action to control it, or if the animal poses a direct threat to the health or safety of others.

A manager cannot ask a guest to remove a service animal simply because someone else complains about allergies or fear of dogs, or because the animal is not wearing a vest or other identifying feature. However, if the service animal's behavior is causing a disturbance or poses a risk to others, the manager may ask the guest to remove the animal from the dining area.