NH House Bill 249 – Dogs in Restaurants

Dogs at restaurants

In January, a bill was submitted that would allow dogs (I am assuming pets) in restaurants here in New Hampshire. The entire text of the bill appears below:

1. Dogs in Restaurants. RSA 466:44, II is repealed and reenacted to read as follows:

II. A restaurant owner may allow dogs inside his or her place of business. Such dogs shall not be allowed in food preparation or production areas. A restaurant owner allowing dogs shall prominently display a sign at all public entrances advising patrons that dogs are allowed on the premises.

For reference, here is the entire text of the current RSA. Note , this bill is intended to replace only section ii of the current RSA:

New Hampshire Revised Statutes 466:44 – Restaurants and Food Stores

I. Except as provided in paragraph II, no person shall bring any animal into any restaurant or any store that sells food; and no person shall allow any animal to enter in any store that sells food, except for service animals as provided in RSA 167-D. Whoever violates the provisions of this paragraph shall be guilty of a violation.

II. A restaurant owner may allow his or her properly disciplined companion dog inside his or her place of business. Such dogs shall not be allowed in food preparation or production areas. A restaurant owner allowing his or her companion dog shall prominently display a sign at all public entrances advising patrons that his or her companion dog is allowed on the premises and that such dog shall be removed from any portion of the premises where members of the public are present in the event a patron with a service animal is present.

The bill was proposed by Representative Katherine Rogers  and supported by Representative Timothy Horrigan Representative Patricia Klee Representative Skip Rollins Representative Al Baldasaro Representative Thomas Schamberg  and Representative Kristina Schultz .

Thankfully, the bill was defeated this year with a vote of 5 against and 1 in favor.

Public interference is one of the major challenges experienced by service dog owners. Passage of this bill, as currently written, would increase a service dog owner’s exposure to interference and distractions. Additionally, poorly behaved pets could negatively impact restaurant owner perceptions and exacerbate negative public opinion regarding a service animal’s presence in public spaces. One only has to look at the airline business, where the Air Carrier Access Act (ACAA)  allows, in addition to service animals, emotional support animals on planes. Due to numerous instances of poor behavior (barking, urination, defecation, attacks, etc.), mainly by non-service animals, the airlines and ACAA has been increasing regulations on emotional support animals. Yet, this bill provides no regulations and increases the population to include any type of dog, not just service and emotional support dogs.

Hopefully, with sufficient negative opinion and evidence, they will not consider reintroducing a revision of this bill in future legislative sessions.