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- Access Laws for Guide Dog Users: U.S.
ALABAMA
Act 869, Alabama Statutes of 1975, Sections 21-7-1 through 21-7-10, Chapter 7. Section 1-1-3 Chapter 1. Section 32-5A-220. Section 3-1-7
Alabama statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and conveyances. No additional charge can be levied because of the presence of the dog, but the dog guide user is liable for any property damage attributable to the dog.
Statutory definition of blindness and how it is proven. (Section1-1-3)
Any person who refuses to permit a dog guide accompanying a blind person to enter a place of public accommodation, public conveyance, etc, shall be guilty of a misdemeanor and, upon conviction shall be fined and amount not to exceed $50.00. (Section 3-1-7) (Acts of 1967, No. 518, page 1242)
Public accommodations for the purpose of this statute include such places as hotels, restaurants, stores, public buildings, places of amusement and recreation and any other facilities to which the public is invited. (Sec. 21-7-3, Sec. 21-7-2)
Conveyances include airplanes, trains, buses, boats, public elevators and all other transportation services offered for public use. (Sec. 21-7-3)
Housing, except for rented rooms in private dwelling, cannot be denied to a dog guide user either because of his or her blindness or because he or she has the dog guide. The landlord, however, is not responsible for modifying the premises in any way. (Sec. 21-7-9)
Violation: Any person, firm, corporation, or agent thereof who violates the above enumerated rights is guilty of a misdemeanor and subject to appropriate penalty. (Sec. 21-7-5)
Drivers are required to yield the right of way to blind or visually impaired pedestrians, using a white cane or accompanied by a guide dog. (Sec. 32-5A-220)
ALASKA
Alaska Statutes of 1988; Code of Civil Procedure Sections 09.65.150 and 11.76.130
The State of Alaska guarantees by statute the legal right of a blind person to be accompanied by a specially trained dog guide in a common carrier, place of public accommodation, or other place to which the public is invited. No charge can be levied because of the presence of the dog, but the dog guide user is liable for any property damage the dog might cause.
Violation: Interference with the rights of a disabled person is a Class B misdemeanor.
ARKANSAS
Arkansas Act 484 of 1973, Chapter 29, Sections 82-2901 through 82-2907; Chapter 14, Sections 20-14-301 through 20-14-306
Arkansas statutory law guarantees a blind person the legal right to equal opportunity in the areas of housing employment, and the use of public accommodations and public carriers. It further guarantees the right of a blind person to be accompanied by a specially trained dog guide in the enjoyment of these rights and privileges. The dog guide user cannot be charged land extra fee because of the dog's presence, but the dog guide user is liable for any damage the dog might cause.
The right to employment, which the statute ensures, covers jobs in state government or political subdivisions of Arkansas, including schools and fields of academic activity receiving state funding. The only employment circumstances not covered are those where a physical disability makes it impossible to meet job requirements. (Sect. 82-2901, 20-14-301)
The right to "equal accommodations" extends to all housing, except for private single family swellings, a portion of, which are made available for rent. The landlord is not required to modify the accommodations or to assume a higher standard of care. (Sect. 82-2903, 82-2904, 20-14-305)
Public accommodations, for the purpose of this Act, include hotels, places of resorts and recreation, public buildings, restaurants, and all other places to which the public is invited. (Sect. 82-2901, 82-2902, 82-2903, 82-2904, 20-14-303)
Common carriers and conveyances include all modes of transportation open to public use, whether by air, land or water. (82-2901, 82-2903, 82-2904)
The driver of a vehicle approaching a visually handicapped or hearing impaired person, who is carrying a cane, which is predominately white or metallic in color, with or without a red tip or using a guide or hearing ear dog or the driver of a vehicle approaching an otherwise handicapped person, shall take all reasonable precautions to avoid injury to the visually handicapped, hearing impaired, or other physically handicapped pedestrian. (20-14-306)
Violation: Any person, firm, corporation or agent thereof who violates the above rights is guilty of a misdemeanor. (82-2906, 20-14-302)
CALIFORNIA
California statutes of 1968, Chapter 461, Part 2.5 of California Civil Code, Sections 54 through 54.7, and Sections 55 and 55.1, amended 1969, 1972, 1974, 1976, 1977, 1978, 1979, 1980, 1981, 1983, and 1989
California law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. Also guaranteed is the right of a dog guide user to equal availability to commercial housing, but the landlord is not required to modify the premises or to maintain a higher standard of care than he provides other tenants. No extra charge can be levied by a public accommodation, common carrier, or landlord because of the dog guide's presence, and the dog guide user is liable for any property damage caused by the dog. For purposes of California State income tax, all costs for the maintenance of a dog guide are deductible as medical expenses.
Public accommodations include hotels, motels, restaurants, stores, places of resort and recreation, and all other places to which the public is invited. Zoos are the only exception, but if a zoo excludes dog guides, it must provide adequate kennel area for housing dog guides, and must provide a sighted escort, if the dog guide user is not accompanied by a sighted person. (Sect. 54.1, 54.7)
Common carriers or public transportation include airplanes, trains taxis, buses, and all other forms of transportation offered for public use. (Sect. 54.1)
Housing includes all property offered for rent or use, except private single family dwellings of no more than one room for rent. (Sect. 54.1)
Violation: The above, enumerated rights are enforceable under the provisions of the California Civil Rights Code. The prevailing party in the action shall be entitled to actual damages and any amount, as may be determined by a jury, or the court sitting without a jury, up to a maximum of three times the amount of actual damages, but in no case less than a thousand dollars and attorney's fees. (Sect 54.3, 55, 55.1)
COLORADO
Colorado Revised Statute 1973, Section 40-09-109 (amended 1986) and CRS 1963 (amended) 1971, 1979, and 1986), Part 8, Section 24-34-801 (1) a through d; Section 24-34-802 - penalty, 24-34-803; Section 18-13-107 (1), (3); Section 42-4-808; Section 22-345.
Colorado law guarantees a blind person the legal right to be accompanied by a specially trained dog in all public accommodations and on all common carriers. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises.
Public accommodations include public facilities, hotels, restaurants, stores, grocery stores, places of resort and amusement, and any other place to which the public is invited. (Sect. 24-34-801 (1) c and (1) d)
Common carriers include airplanes, boats, buses, trains, and any other conveyances offered for public use. (Sect. 24-34-801(1) d)
Use of white cane or guide dog in public places or highways, except by totally or partially disabled person, including blind persons, and is prohibited. (Sect. 18-13-107 (1))
Harassing or interfering with a guide dog or assistance dog, accompanying a blind person or a person with a white cane or other described mobility assistance is prohibited. (Sect. 18-13-107 (3))
Drivers are required to yield and take necessary precautions to avoid accident or injury to disabled persons. Including, but not limited to persons utilizing a white cane or being accompanied by an assistance dog. (Sect. 42-4-808)
A waiver is provided for the owner of a trained guide or assistance dog to be exempt from licensing fees. (Sect. 22-345)
Violation: Any person, firm, or corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and punishable by a fine not to exceed $100, or confinement in jail for not more than 60 days, or both. (24-34-802)
CONNECTICUT
Chapter 435, Sections 46a - 44, 1997, Section 22-345, Section 22-364b; Chapter 943, Section 53-211; Chapter 899, Section 52-175a; Chapter 1, Section 1-1f, Section 10-300
Connecticut statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all forms of public transportation. The dog must be in harness and in the direct custody of the individual. Also, a dog guide user has a legal right of access to all housing and public and commercial buildings, and cannot be discriminated against because of his or her dog in renting or purchasing housing or commercial space, including mobile home parks. No extra charge can be levied because of the dog's presence. A landlord, however, is not responsible for modifying the premises or maintaining a higher standard of care than provided other tenants, and the dog guide user is responsible for any damage to property that the dog may cause.
No fee can be charged for licensing a dog guide, but the first time a dog guide is registered, the town clerk should be shown written evidence, such as identification card, that the dog has been specially trained. (Sect. 22-340, Sect. 10-300)
An individual is blind if his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if his visual acuity is greater than 20/200 but accompanied by a limitation in the fields of vision, such that the widest diameter of the visual field subtends an angle no greater than twenty degrees. (Sect. 1-1f)
Public accommodations include hotels, inns, restaurants, stores, places of amusement, public buildings and any other facility offered to the public. The dog guide shall be in the direct custody of its owner and shall be wearing a harness or orange-colored leash and collar. (Sect. 46a-44)
Public transportation includes trains, buses, and all other modes of transit offered for public use. (Sect. 46a-44)
Housing or property includes publicly assisted housing and commercial property, except two family houses in which the owner or his family reside, or a private dwelling in which the owner lives but also rents rooms. The statute covers mobile home parks, and deals with both sales and rentals. (Sect. 46a-44(b))
No person, except one wholly or partially blind, shall carry or use on any street or highway, or in any other public place, a cane or walking stick which is white in color or white tipped with red. (Sect. 53-211(a))
Any driver of a vehicle who approaches or comes into the immediate vicinity of a person wholly or partially blind, carrying a white cane, or a white cane tipped with red, or a person being guided by a guide dog, shall reduce speed or stop if necessary to grant the right-of-way to such person. (Sect. 53-211(b))
The owner or keeper of a dog shall restrain and control such dog on a leash when such dog is not on the property of its owner or keeper and is in proximity to a blind, deaf or mobility impaired person accompanied by his guide dog, provided the guide dog is in the direct custody of such blind, deaf or mobility impaired person, is wearing a harness or orange-colored leash and collar which makes it readily-identifiable as a guide dog and is licensed appropriately. (Sect. 22-364b)
The failure of a blind person to use a guide dog or to carry a cane or walking stick which is predominantly white or metallic in color, with or without red tip, shall not be construed as evidence of comparative or contributory negligence in any negligence action. (Sect. 52-175a)
Violation: Violation of the above rights is punishable as a Class C misdemeanor. Penalties can include fines of not more than $100 and/or 60 days imprisonment (Sect. 46-44c)
DISTRICT OF COLUMBIA
Human Rights Act of 1977, Title 6, Chapter 22; Title 6, Chapter 17, Sections 6-1701 through 6-1709
District of Columbia law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in its public buildings and its public facilities, and in all public accommodations and on all public conveyances. The right to equal accommodation in all housing also is guaranteed to a dog guide user. No additional charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog may cause to the premises. Landlords are not required to modify the premises, nor are they responsible for maintaining a higher degree of care than that provided other tenants.
With the exception of the federal government, the District of Columbia prohibits all employers, including its own various branches, from employment discrimination because of blindness or visual impairment.
Public accommodations include hotels, restaurants, stores, places of resort and amusement, and all other places to which the general public is invited. (Sect. 6-1702, Sect. 6-2202, Sect. 6-2241)
Public conveyances include boats, trains, buses, streetcars, taxis, airplanes, and all other modes of transportation offered for public use. (Sect. 6-1702, Sect. 6-2241)
Housing includes all accommodations offered for rent, lease or compensation within the jurisdiction of the district. (Sect. 6-1706, Sect. 6-2231)
Violation: Any person, or agent thereof who denies or interferes with the above legally established rights is punishable with imprisonment up to 90 days, or a fine not to exceed $300, or both. (Sect. 6-1707)
DELAWARE
Delaware Statutes, Title 16, Chapter 95, Section 9501 through 9506;Title 31 (amended 1984), Section 2117; Title 21, Part 3, Section 4144; Title 7, Sections 1701, 1715, 1717,
Delaware statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all places and conveyances open to the general public. The only limitation is that a dog can be excluded where a "Clear Danger" or harm to others can be established. Also guaranteed to a dog guide user is the legal right to equal accommodation in all housing. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog may cause to the premises. No modification of the premises is required, nor a higher standard of care necessary, other than that provided to other patrons and tenants.
Public places or accommodations include hotels, restaurants, stores, places of resorts or amusement, and all other places which the general public is invited. (Title 16, Sect. 9502)
Public conveyances include trains, buses, taxis, and all modes of transportation offered for public use. (Title 16, Sect. 9502)
Housing covers all accommodations for rent or lease, except single family private dwellings. (Title 16, Sect. 9505)
Every driver shall exercise due care to avoid colliding with a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red or accompanied by a guide dog, upon a roadway. (Title 21, Sect. 4144)
Guide dog owners are required to obtain a license for the dog. They are exempt from licensing fee or tax. Furthermore, in addition to the dog license, the owner is required to have a dog license tag and be in possession of an identification card in order to access places of public accommodations. (Title 7, Sect. 1701)
A fine will be levied against any person whose conduct results in harm, injury or mistreatment of dogs used to assist the blind. (Title 7, Sect. 1717)
Owners or custodians of dogs are prohibited to have animals upon designated swimming or sunbathing areas of a state coastal beach strand at anytime between May 1 and September 30, inclusive, of any year, except when such a dog is on said property guiding a blind person. (Title 7, Sect. 1715)
Violation: Any person, firm, corporation or agent thereof who interferes with the above legally established rights is guilty of a misdemeanor and is punishable by a fine not to exceed $100 for each offense, or up to three months in jail, or both. (Title 16, Sect. 9506, Title 31, Sect. 2117)
FLORIDA
Florida Statutes, Section 413.08 (1) through (8), enacted 1971, amended 1973, 1974, 1977, 1979, 1982, 1983, 1985, 1987, 1989, 1990, 1991, 1998
Florida statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public conveyances. Florida statutory law also guarantees a dog guide user the legal right to equal accommodations in all housing. No extra fee can be levied because of the dog's presence, but the dog guide user is liable for any property damage the dog might cause. Landlords are not required to modify the premises nor are they responsible for maintaining a higher standard of care than that provided to other tenants.
Housing accommodation covers any real property or portion thereof that is offered for rent, lease or compensation as a residence or sleeping place, but does not include private single family dwellings in which the occupants have offered no more than one room for rent. (Sect. 413.08(4)(a)-(c))
Public conveyances include all common carriers, airplanes, boats, trains, buses, taxis, and any other mode of transportation offered for public use. (Sect. 413.08(1)(a))
Public accommodations include hotels, lodging places, restaurants, stores, places of resort and amusement, and any other place to which the general public is invited. (Sect. 413.08 (1)(a))
Any trainer of a dog guide, while engaged in the training of such dog has the same rights and privileges with respect to access to public facilities. (Amendment Sect. 413.08 (7))
Violation: Any person, firm, corporation, or agent thereof who denies or interferes with the above enumerated rights is guilty under Florida law of a second class misdemeanor and punishable in accordance therewith. (Sect. 413.08 (2))
GEORGIA
Georgia Laws of 1991, Title 30, Chapter 4, Sections 30-4-1 through 30-4-3
Georgia statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all common carriers. Also guaranteed by Georgia law is the legal right of a dog guide user to equal accommodation in all housing. No extra charge can be levied because of the dog guide's presence, but the dog guide user is liable for any damage to the premises that the dog might cause. Landlords are not required to modify the premises, nor are they responsible for maintaining a higher degree of care than that provided other tenants.
Dog guide users employed in vending stands have a legal right to have their dog with them, with the limitation that the dog cannot be within 25 feet of the food vended. (Sect. 30-4-1)
Common carriers include boats, airplanes, trains, buses, taxis, and any mode of transportation offered for public use. (Sect. 30-4-1)
Public accommodations include hotels, restaurants, stores, places of resort or amusement, and any other place to which the general public is invited. (Sect. 30-4-1)
Housing includes all property offered for rent, lease, or purchase, but does not include single family dwellings with no more than one room for rent. (Sect. 30-4-2)
Violation: Any person, firm, corporation or agent thereof who denies or interferes with the above enumerated rights is guilty of a misdemeanor and punishable by a fine not to exceed $100, or by imprisonment for not more than 10 days, or both. (Sect. 30-4-3)
HAWAII
Hawaii Revised Statutes, Sections 347-13, 347-13.5, 47-14, and 347-19, Sect. 142-5.5, Sect. 515-3; Hawaii Quarantine Policy No. A1-13, amended 7/17/80
Hawaii law guarantees the legal right of a blind person to be accompanied by a specially trained dog guide in all places of public accommodation and on all common carriers. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises.
Public accommodations include hotels, lodging places, restaurants, stores, places of resort and amusement and all other places to which the general public is invited. (Sect. 347-13)
Common carriers include airplanes, boats, buses, taxis, and any other mode of transportation offered for public use. (Sect. 347-13)
It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or sales person, to refuse to engage in a real estate transaction with a person or to deny equal opportunity to use and enjoy housing accommodation due to a disability because the person uses the services of a guide dog, signal dog, or service animal; provided that reasonable restrictions or prohibitions may be imposed regarding excessive noise or other problems caused by those animals.(Sect. 515-3)
Suits by individuals, jurisdiction; venue: Any person injured by a violation of Sect. 347-13 may bring a civil action to recover three times the person's actual damages or $1,000, whichever sum is greater, for each violation. Any person bringing such action shall also be entitled to recover the person's costs, together with reasonable attorney's fees. An action under this section shall be brought in the circuit court of the district in which the violation is alleged to have occurred. (347-13.5)
Violation: Any person, agent or corporation or agent thereof who violates the above rights is punishable under Hawaiian law. The Statute specifies that an official of a common carrier may be fined up to $1,000, and may be imprisoned for interfering with these rights. (347-14)
Quarantine: There is a 120-day quarantine on all dogs entering Hawaii, including dog guides. The quarantine station, however, has two cottages available for use by dog guide users. Applications for their occupancy must be sent to the superintendent of the quarantine station and they will be assigned on a first-come, first-served basis. Dog guides may stay with their owners in these cottages, and can be worked on quarantine station grounds. The dog guide user may enter and leave the station at any time, but the dog guide must be confined to the station during the quarantine period. The cost is limited to the regular charge levied for quarantining other dogs. (Policy No. A1-13)
Quarantine Exemption for Dog Guides from the United States
Settlement Summary
August 27, 1998
Under the Settlement, the State of Hawaii has established, through its public rule making process, new rules allowing dog guides to travel to Hawaii exempt from Animal Quarantine. The rules are detailed, but a summary of the basic provisions is listed below:
a. The state must be informed where the dog guide will be staying at least 24 hours before arrival.
b. The dog guide must be currently vaccinated for rabies, have a microchip readable by an AVID scanner and be a graduate of an approved dog guide school.
c. Prior to arrival in Hawaii, the dog guide must have had two OIE-FAVN titer tests administered by a veterinarian demonstrating antibody levels of 0.5 International Units. The two tests must have been taken at least 30 days apart and the last test within two years of travel.
d. The dog guide must be accompanied by a Health Certificate, prepared by a veterinarian and dated within two weeks of arrival, which contains various information concerning the health of the dog guide.
e. On arrival in Hawaii, the dog guide will have blood drawn for a third titer test and a physical exam. If the State has been given at least 24 hours advance notice, the test and exam will be conducted at the Honolulu International Airport at the State's expense.
f. During the first 30 days of arrival, the dog guide may reside at an approved Hawaii hotel or private residence. The dog guide and its user may travel freely anywhere in the state so long as they do not reside or come in contact with carnivores except other dog guides.
g. For dog guides remaining in Hawaii 30 days or more, another physical exam must be completed on or about the 30th day.
IDAHO
Idaho Code, Title 56, Chapter 7, Sections 56-701 through 56-707, amended 1984; Title 58, Chapter 58, Sections 18-5811, 18-5812.
Idaho Statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all common carriers. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any property damage the dog might cause.
A blind person also has a legal right to equal employment opportunity in state service or in the service of the political subdivisions, including public schools, and in all other employment supported in whole or part by public funds. (Sect. 56-707)
Public accommodations include hotels, lodging places, restaurants, stores, places of resort and amusement, and all other places to which the public is invited. (Sect. 56-703)
Common carriers include airplanes, buses, trains, taxis, boats, and all other modes of transportation offered for public use. (Sect. 56-703, 56-704)
Any person whose intentional act startles, frightens or causes injury to a disabled person or assistance dog is guilty of a misdemeanor. (Sect. 18-5811(1)(a)-(b))
Any person who, without justification, intentionally interferes with the use of an assistance dog by obstructing, battering or intimidating the user or dog, is guilty of a misdemeanor. (Sect. 18-5811(2))
Any person who permits any animal, which is owned, harbored or controlled by him to cause injury to or the death of any assistance dog or dog-in-training, is guilty of a misdemeanor. (Sect. 18-5812)
Violation: Any person, firm, corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and punishable accordingly. (Sect. 56-706)
ILLINOIS
White Cane Law of 1969, Chapter 23, Section 775 ILCS 30-1 and 775 ILCS 30-3; Chapter 38, Paragraph 65-1; Human Rights Act, Chapter 68, Paragraph 3-104.1; Illinois Vehicle Code, Chapter 95, Section 625 ILCS5/11-1004.1/2
Illinois statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in harness in all public accommodations and on all common carriers. A dog guide user also has a legal right to equal housing accommodation in regard to both rentals and sales. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damages the dog might cause to the premises. A bli3nd person also has a legal right to equal employment in the service of the state or in its political subdivisions, and in any other employment supported in whole or part with public funds, unless the physical disability prevents performance of the works involved.
Public accommodations include public facilities, hotels, restaurants, stores, places of amusement and resort, and all other places to which the public is invited. (Sect. 775 ILCS 30-3, Chapter 38, Par. 65-1)
Common carriers include trains, airplanes, boats, buses, taxis, and all other modes of transportation offered for public use. Common carriers may request identification and may also request muzzling. (Sect. 775 ILCS 30-1)
Housing includes all rental property and other real property offered for sale, but there is no requirement that property be modified nor is the owner responsible for providing a higher degree of care than that furnished other persons. (Human Rights Act, Chapter 68, Par. 3-104.1)
The driver of a vehicle shall yield the right-of -way to any blind pedestrian accompanied by a dog guide. (Sect. 625 ICLS 5/11-1004.1-2)
Violation: Any person, firm, or corporation or agent thereof who interferes with the above rights is guilty of a Class C misdemeanor and punishable under the appropriate civil or criminal statute. (Chapter 38, par. 65-1)
INDIANA
Indiana Code, Sections 16-32-3-1, 16-32-3-2, 16-32-3-3, Section 16-18-2-297,
Indiana law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations, which under previous statutes included all common carriers. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog may do to the premises.
Equal housing accommodations are guaranteed by Indiana law to dog guide users. (Sect. 16-32-3-2)
Public accommodations include hotels, restaurants, stores, places of amusement and resort, and all other places or establishments that cater or offer their services, facilities, or goods to the general public. (Sect. 16-32-3-2)
It is the policy of this state that the blind, the visually disabled, and the otherwise physically disabled shall be employed in, state service, public schools, all other employment supported in whole or in part by public funds. (16-32-3-5)
A person, not totally, blind who approaches a totally or partially blind pedestrian carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog; and fails to take all necessary precautions to avoid injury to the blind pedestrian; commits a Class C infraction. (Sect.16-32-3-3)
Violation: Any person, firm, or corporation or agent thereof who interferes with the above enumerated rights commits a Class C infraction and can be fined up to $100, or imprisoned up to three months, or both. (Sect. 16-32-3-3)
IOWA
1987 Code of Iowa, Sections 321.333 and 321.334 (enacted prior to 1946); and Chapter 601D, Sections 601D.1 through 601D.9 (enacted in 1959)
Iowa statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public conveyances. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage caused to the premises by the dog. A blind person has a right to equal employment opportunity in the service of the state, or its political subdivisions, or in the public schools and in other employment supported in whole or part by public funds, unless the visual impairment prevents performance of the work involved.
Public accommodations include public facilities, hotels, restaurants, stores, places of amusement and resort, and all other places to which the public is invited. (Sect. 601D.4)
Public conveyances include airplanes, trains, boats, taxis, elevators, and all other modes of transportation offered for public use. (Sect. 601D.3)
The driver of a vehicle shall come to a complete stop for a pedestrian with a dog guide. (Sect. 321.333)
Violation: Any person, firm, corporation, or agent thereof who interferes with the above enumerated rights is guilty of a simple misdemeanor and punishable accordingly under Iowa law. (Sect. 601D.7)
KANSAS
K.S.A. 39-1101, Sections 39-1101 through 39-1106, amended in 1981
Kansas statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all common carriers. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage to the premises that the dog might cause. It is Kansas state policy to ensure equal opportunity in employment to blind persons in its state service, or in the service of its political subdivisions, in public schools, and in all public employment, supported in whole or in part by public funds, except where the disability prevents performance of the work involved.
Public accommodations include public buildings, hotels, lodging places, establishment for sale of food, places of resort and amusement, and all other places to which the general public is invited. (Sect. 39-1101, Sect 39-1102)
Common carriers include boats, airplanes, buses, trains, and all other modes of transportation offered for public use. (Sect. 39-1101, Sect. 39-1102)
Violation: Any person, firm, or corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and punishable accordingly. (Sect. 29-1103)
KENTUCKY
Kentucky Revised Statutes of 1990, Chapter 258.500, Sections 1 through 10; Penalty - Chapter 258.991, Chapter 189.575
Kentucky statutory law guarantees a blind person the legal right to be accompanied by a dog guide trained by a recognized dog guide school, in all public accommodations and on all public transportation. The dog must be in harness and in the custody of the dog guide user. The dog guide user can be required to muzzle the dog guide and must have verification of the dog's training, such as an identification card issued by the particular school. The dog may not occupy a seat on a public conveyance, and the common carrier cannot levy an additional charge because the of the dog guide's presence.
Public accommodations include public buildings, restaurants, theaters, places of amusement, hotels, and all places to which the public is invited. (Sect. 1)
Public transportation includes trains, buses, airplanes, taxis, public elevators, and all other common carriers. (Sect. 1, Sect. 3)
The operator of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a dog guide. (Sect.189.575)
Violation: Any person who violates the above enumerated rights is punishable by a fine not to exceed $100, nor less than $25, or imprisonment for not less than 10 days, nor more than 30 days, or both. (Chapter 258.991)
LOUISIANA
Louisiana White Cane Law: Chapter 23, Acts of 1982, No.518, Section 1, R.S. 46:1951 through 46:1954; Penalty - Act of 1962, Number 33, Section 1, R.S. 21:52, amended in 1981
Louisiana statutes guarantee a blind person the legal right to be accompanied by a dog guide trained by a dog guide school in all places of public accommodation and on all public conveyances. The dog may not occupy a seat and the dog guide user should have his or her identification card (furnished by the school that trained the dog) with him or her. A dog guide user also has a legal right to equal housing accommodations in regard to both rentals and sales.
A blind person also has a legal right to equal employment opportunity in state service or service of the political subdivision including public schools and all other employment supported in whole or in part by public funds.
Public accommodations include hotels, lodging places, restaurants, stores, places of resort and amusement, and all other places to which the public is invited. (R.S. 46:1953)
Public conveyances include trains, buses, airplanes, taxi, streetcars, boats, and all other common carriers. (R.S. 46:1953)
Housing includes any real property or portion thereof which has been offered for rent, lease, or compensation as a home, residence, or sleeping place, but shall not include single family residences which offer not more than one room for rent, lease or furnish for compensation. (R.S. 46:1952(2) and R.S. 46:1954)
Violation: Any person, firm, or corporation who interferes with the above rights is guilty of a misdemeanor and punishable by a fine not to exceed $500, or imprisonment not to exceed 6 months, or both. In addition, the blind individual who has been discriminated against may sue for actual damages for each offense in any court of competent jurisdiction. (R.S. 21:52)
MAINE
- Maine Statues: Model White Cane Law, Chapter 58, Public Laws of 1971, 17 M.R.S.A., Section 1311 through 1316, amended in 1981
Maine statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all modes of public transportation. No extra charge can be levied because of the presence of the dog guide, but the dog guide user is liable for any damages the dog might cause to the premises. Maine law also ensures the right of a blind person to equal employment in its state service, the service of its political subdivisions, in public schools, and in any employment supported in whole or in part by public funds, unless the visual disability prevents the performance of the work involved.
Public accommodations include hotels, restaurants, stores, motels, places of resort and amusement, and all other places to which the public is invited. (Sect. 1312)
Public conveyances include boats, trains, buses, streetcars, airplanes, and all other modes of transportation offered for public use. (Sect. 1312)
The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog shall take all necessary precautions to avoid injury to such blind pedestrian. Any driver, who fails to such precautions, shall be liable in damages for any injury caused such pedestrian. (Sect. 1313)
Violation: Any person, firm, or corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and punishable accordingly under Maine law. (Sect. 1314)
MARYLAND
Maryland Statutes: White Cane Law, amended 1992, Article 30, Section 33 and Article 24, Section 11-502
Maryland statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all forms of public transportation.
Maryland law also guarantees equal housing accommodations to a dog guide user. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises. A landlord is not required to modify property or to maintain a higher degree of care than that provided to other persons. Maryland state policy ensures equal employment opportunity for blind persons in its state service, in the service of its political subdivisions, in public schools, and in employment supported in whole or in part by public funds, except where a particular disability prevents performance of the work involved.
Maryland exempts dog guides from licensing fee. (Article 24, Sect. 11-502)
The clerk will be satisfied that the dog for which the license is sought is a "dog guide," professionally trained to aid the blind and actually in use for such purpose. The license therefore shall be issued without the payment of any fee and the clerk shall inscribe across the face of the license in red ink the words, "Dog guide." (11-502)
Public accommodations include hotels, restaurants, public buildings, stores, places of resort and amusement, and all other places to which the general public is invited. (Art. 30, Sect. 33(d))
Public transportation includes trains, airplanes, boats, taxis, buses, and all other modes of conveyance offered for public use. (Art. 30, Sect. 33(d))
Housing includes all property offered for rent, lease or compensation which is designed to be a home or sleeping place, but does not include single family dwelling whose occupants offer no more than one room for rent. (Art. 30, Sect. 33(I))
Violation: Any person, firm or corporation who interferes with the above-enumerated rights is guilty of a misdemeanor and punishable by a fine not to exceed $500 for each offense. (Art. 30, Sect.33(g))
MASSACHUSETTS
Massachusetts Statutes, Chapter 272-98A; Chapter 151C, Section2, Paragraph e, 1972; Chapter 151B, Section 4(amended 1996); Chapter 90, Section 14A (amended 1992)
Massachusetts law guarantees a blind person the legal right to be accompanied by a dog guide in all public accommodations and on all public conveyances. No extra charge can be levied because of the dog's presence. Muzzling can be required.
A blind person is guaranteed the right under Massachusetts law to be accompanied by a dog guide in an educational institution.
Public accommodations include hotels, restaurants, stores, places of amusement, and all places to which the public is invited. (Chapter 272-98A)
Public conveyances include trains, airplanes, buses, taxis, and all common carriers. (Chapter 272-98A)
A blind person with a dog guide is guaranteed equal housing. (Chapter 151B, Sect. 4)
The driver of a vehicle must yield the right-of-way to a pedestrian with a dog guide. (Chapter 90, Sect. 14A)
Violation: A person who interferes with the rights enumerated above is punishable by a fine not to exceed $300. (Chapter 272-98A)
MICHIGAN
Michigan Statutes, 1953, Section 750.502c (last amended in 1984 by Public Act 110)
Michigan statutory law guarantees a blind person the legal right to be accompanied by a dog guide in harness in all public accommodations and educational institutions and on all public conveyances. The dog guide user can be required to produce identification, such as the I.D. card furnished by the dog guide school from which the dog was obtained.
Public accommodations include trains, buses, taxis, elevators, boats, and other common carriers. (Sect. 750.502c)
Violation: Any person who interferes with the above-enumerated rights is guilty of a misdemeanor and therefore punishable under Michigan law. (Sect. 750.502c)
MINNESOTA
Minnesota Statutes, Chapter 256C, Sections 256C.01 through 256C.06, amended 1992; Section 363.03(10).
Minnesota statutes guarantee a blind person the legal right to be accompanied by a dog guide in all public accommodations and on all public conveyances. A dog guide user also is guaranteed the right to equal accommodation in housing. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog guide causes to the premises. A landlord is not required to modify his property or maintain a higher standard of care than that provided other persons. Minnesota's state policy also ensures equal employment opportunity to blind persons in its state public schools, and in all employment supported in whole or part by public funds, except when the particular disability prevents performance of the work involved.
Public accommodations include hotels, public buildings, restaurants, places of resort and amusement, stores and all other places to which the public is invited. (Sect. 256C.02)
Public conveyances include airplanes, boats, taxis, trains, buses, and all other modes of transportation offered for public use. (Sect. 256C.02)
Housing includes any real property offered for rent, lease, or compensation. (Sect. 256C.025)
The service dog must be capable of being properly identified as from a recognized school for Seeing Eye dogs or dog guides. (Sect. 256C.02)
Violation: Any person or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and punishable therefor under Minnesota law. (Sect. 256C.05)
MISSOURI
Missouri Statutes, RSMo 1990, Sections 209.150, 209.160, 209.190, 304.080, 304.110; 8.740
Missouri statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. A dog guide user also has a legal right to equal housing accommodations in all housing. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises. A landlord is not required to modify the property nor to provide a higher degree of care than that provided other tenants.
Public accommodations include hotels, stores, restaurants, places of resort and amusement and all other places to which the general public is invited. (Sect. 209.150)
Public transportation includes airplanes, buses, boats, trains, taxis, and all other modes of conveyance offered for public use. (Sect. 209.150)
Housing includes any real property or portion thereof offered for rent, lease or compensation as a home, residence, or sleeping place, but does not include a single family dwelling whose occupants offer not more than one room for rent. (Sect. 209.190)
The driver of a vehicle shall yield the right-of-way to the pedestrian with a dog guide.
The blind vendor who is authorized to operate vending facilities may keep his guide dog with him on the property while operating the vending facility. (L. 1981S.B 165 Sect. 9)(8.740)
Violation: Any person, firm, or corporation or agent thereof, who interferes with the above enumerated rights, is guilty of a misdemeanor and punishable accordingly under Missouri law, including a fine not to exceed $25 and costs of prosecution and, in default of payment thereof, shall undergo imprisonment not exceeding 10 days. (Sect. 209.160)
MISSISSIPPI
Mississippi Statutes, Code of 1972 (Annotated), Chapter 451 and 515; Chapter 381 Laws of 1974, Sections 43-6-1 through 43-6-13; Chapter 3, Art. 23, Section 63-3-1111
Mississippi statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises. Mississippi state policy ensures equal employment opportunity for blind persons in its state service, in the service of its political subdivisions, in public schools and in employment supported in whole or part by public funds, except when the particular disability prevents performance of the work involved.
Public accommodations include hotels, inns, restaurants, stores, places of resort and amusement, and all places to which the general public is invited. (Chapter 381, Sect. 43-6-5)
Public transportation includes boats, airplanes, taxis, trains, buses, and all other common carriers. (Chapter 381, Sect. 43-6-5)
A totally or partially blind pedestrian shall have all rights and privileges conferred by law upon other persons in any of the places of transportation or conveyance specified in Sect. 43-6-3 and 43-6-5, notwithstanding the fact that such a person is not carrying a predominantly white cane (with or without a red tip), or using a guide dog on a blaze orange leash. (Chapter 381, Sect. 43-6-9)
Whenever a blind or partially blind pedestrian utilizing a guide dog or carrying the appropriate white cane (with or without a red tip) approaches an intersection, the approaching driver shall take such precautions as may be necessary to avoid injuring such pedestrian. (Chapter 3, Art. 23, Sect. 63-3-1111)
Violation: Any person, firm, or corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and punishable by a fine not to exceed $100, or imprisonment for not more than 60 days, or both. (Chapter 381, Sect. 43-6-11)
MONTANA
Montana Statutes, Human Rights Law, passed in 1947 and last amended in 1997, Sections 49-4-202 through 49-4-217
Montana statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. A dog guide user also has a legal right to equal housing accommodation in all housing. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises. A landlord is not required to modify the property nor to provide a higher degree of care than that provided other persons. Also, Montana state policy ensures a blind person the right to equal employment opportunity in its state service, the service of its political subdivisions, the public schools or employment supported in whole or in part by public funds, except when the particular disability prevents performance of the work involved.
Public accommodations include hotels, public buildings, stores, places of resort and amusement, and all other places to which the general public is invited. (Sect. 49-4-211, 49-4-214)
Public transportation includes trains, airplanes, buses, boats, taxis, and all modes of transportation offered for public use. (Sect. 49-4-211, 49-4-214)
Housing includes any real property or portion thereof which has been offered for rent, lease or compensation as a home, residence or sleeping place, but does not include single family dwellings, the occupants of which have offered not more than one room for rent. (Sect. 49-4-212, 49-4-214)
The driver of a vehicle will yield the right-of-way to a pedestrian with a dog guide. (Sect. 49-4-216) Violators will be fined not more than $25. (Sect. 49-4-217)
Violation: Any person, firm, or corporation or agent thereof who interferes with the rights enumerated above is guilty of a misdemeanor and punishable accordingly under Montana law. (Sect. 49-4-215)
NEBRASKA
Nebraska Statutes, Chapter 20, Sections 20-126 through 20-133 (enacted in 1971; amended in 1975, 1977, 1978, 1980, and 1983, and reissued in 1987) Chapter 28, Section, 28-1314)
Nebraska law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all transportation. A dog guide user has a legal right to equal housing accommodation in all housing. No extra fee can be charged because of the dog's presence, but the dog guide is liable for any damage the dog might cause to the premises. A landlord can require a security deposit against damage, but the deposit cannot exceed one-fourth of one month's rent. State policy ensures equal employment opportunity to blind persons in its state service, the service of its political subdivisions, in all public schools and in any employment supported in whole or part by public funds, except when the particular disability prevents performance of the work involved.
Public accommodations include hotels, public buildings, stores, restaurants, places of resort and amusement, and all places to which the public is invited. (Sect. 20-127, Sect. 20-133)
Public transportation includes trains, airplanes, boats, buses, taxis, and all other modes of conveyance offered for public use. (Sect. 20-127)
Housing includes all property designed as a home or sleeping place and offered for rent, lease, or compensation, but does not include single family dwellings. (Sects. 20-131.01 through 20-131.04)
A person commits the offense of failing to observe a blind person if as an operator of any vehicle or other conveyance, he fails to give special consideration to the bearer of a white cane or user of a guide dog; and stop and remain when approaching such bearer until such time as the bearer has reached a position of safety. (Sect. 28-1314)
Violation: Any person, firm, or corporation or agent thereof who interferes with the above enumerated rights is guilty of a Class III misdemeanor and punishable accordingly under Nebraska law. (Sect. 20-129, Sect. 28-1314)
NEVADA
Nevada Revised Statutes (last amended 1997), Sections 118.105, 613.330, 651.050, 651.070, 651.075, 651.080, 651.090, 704.143, 704.145, and 706.366: Chapter 426
Under Nevada statutes, a blind person has a legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises. A dog guide user who operates a vending stand has the right to keep his or her dog with him or her on the vending stands premises. A dog guide user has a legal right to equal housing accommodation and can enforce this right through injunctive relief with damages. An identification card issued by a dog guide school is sufficient proof that the dog is specially trained in guide work.
Public accommodations include hotels, restaurants, stores, places of resort and amusement, and all places to which the general public is invited. (Sect 651.050, Sect 651. 070, Sect 651. 075)
It is unlawful for any person to beat, harass, intimidate or interfere with a guide dog. (Sect. 426.790)
Public transportation includes trains, buses, airplanes, taxis, and all other forms of public conveyance offered for public use. (Sect. 651.070, Sect. 704.143, Sect. 704.145, Sect. 706.361, Sect. 706.366)
Housing covers rental properties. The statute contains a provision that the law is to be interpreted liberally. (Sect. 118. 105)
Violation: Any person who interferes with the legal rights of a blind person as outlined under Nevada law is guilty of a misdemeanor and punishable accordingly. (Sect. 613. 330, Sect.651. 075, Sect. 651.080, Sect. 651. 090, Sect.704.145)
In an action brought under this section, the court may (a) grant any equitable relief it considers appropriate, including temporary, preliminary, or permanent injunctive relief, against the defendant; (b) award costs and reasonable attorneys' fees to the prevailing party. (Sect. 651.090, 1997)
NEW HAMPSHIRE
New Hampshire Statutes, 1990, Chapter 176-C, Sections 167-C:1 through 167-C:5; Chapter 167-D, Sections 167-D:4, 167-D:5; Chapter 265, Section 265:41; Chapter 466, Section 466:8
New Hampshire Statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises. State policy ensures equal employment opportunity to blind persons in its state service, the service of its political subdivisions, in public schools, and in any employment supported in whole or part by public funds, except where the particular disability prevents performance of the work involved.
No fee shall be required for the registration and licensing of a guide dog, which is used as a guide for a blind person. (Sect. 466:8)
Public accommodations include hotels, public buildings, stores, restaurants, places of resort and amusement, and all other places to which the general public is invited. (Sect. 167-C:2 and 167-D:1)
Public transportation includes trains, airplanes, buses, taxis, and other modes of conveyance offered for public use. (Sect. 167-C:2)
A dog guide or service dog trainer shall have the same rights with respect to access to public facilities. (Sect. 167-D:4 and 167-C:2)
Any dog guide user shall provide the dog with a leash and harness colored international orange. (Sect. 167-D:5)
The driver of a vehicle approaching a totally or partially blind pedestrian accompanied by a guide dog, or carrying a white cane or walking stick shall bring his vehicle to a full stop, and before proceeding shall take precautions as may be necessary to avoid injuring such pedestrian. (Sect. 265:41)
Violation: Any person, firm, or corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and can be fined up to $25. (Sect. 167-C:3 and 167-D:9)
NEW JERSEY
New Jersey Statutes: P.L. 1945, c. 169 and P.L. 1971, c. 130 (amended and supplemented by P.L. 1977, c. 456; P.L. 1980, c. 46; P.L. 1981, c. 391; and P.L. 1983, c. 485); Sect. 48:3-33
New Jersey statutory law guarantee a blind person the right to be accompanied by a dog guide in all public facilities, in employment, and on public conveyances. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises. A blind person with a dog guide has a legal right to equal housing opportunity in the rental, lease, or purchase of housing, and cannot be charged extra because of the dog guide's presence. A landlord is not required to modify the premises nor to provide a higher standard of care than that offered other tenants.
Public facilities include stores, boardwalks, places of recreation, educational institutions, camps, restaurants, hotels, and all other places of public accommodation to which the public is permitted or invited. (N.J.S.A. 10:5-29)
Public conveyances include airplanes, trains, buses, boats, taxis, and all other modes of transportation offered for public use, but the Board of Public Utilities may promulgate reasonable regulations governing the presence of dog guides on buses and other public utilities. (N.J.S.A. 48:3-33)
Housing accommodations include any property designed for residential use, whether for rent, lease or sale, except single family private dwellings whose occupants offer no more than one room for rent. (N.J.S.A. 10:5-29.2)
Violation: Any person who interferes with the above enumerated rights is subject to a fine of no less than $100 and no more than $500 for each offense. (N.J.S.A. 10:5-29.5)
NEW MEXICO
New Mexico Statutes, Article 7, Sections 28-7-1 through 28-7-7. White Cane Law (enacted in 1978), amended 1986
New Mexico statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. No extra charge can be levied because of the dog guide's presence, but the dog guide user is liable for any damages the dog might cause the premises. New Mexico state policy also ensures a blind person equal employment opportunity in its state service, the service of its political subdivisions, in public schools, or in employment supported in whole or part by public funds, except when the particular disability prevents performance of the work involved.
Public accommodations include hotels, restaurants, stores, public buildings, places of resort and amusement, and all other places to which the general public is invited. (Sect. 28-7-3)
Public transportation includes trains, airplanes, buses, boats, taxis, and all forms of conveyance offered for public use. (Sect. 28-7-3)
Violation: Any person, firm, or corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and punishable accordingly under New Mexico law. (Sect. 28-7-5)
NEW YORK
New York Statutes: Civil Rights Law, Article 4-B, Sections 47 through 47c, 1986; Transportation Law, Section 147
New York law guarantees a blind person the legal right to be accompanied by a dog guide in all public accommodations, in employment, and on public transportation. No extra charge can be levied because of the dog guide's presence, but the dog must be in harness and the dog guide user can be asked to produce an identification card.
A blind person who possesses a dog guide is entitled to equal housing accommodations and cannot be charged a fee because of the dog guide.
Public accommodations include resorts, theaters, restaurants, stores, hotels, places of recreation, and all other places to which the public is invited. (Sect. 47)
Public transportation includes taxis, subways, trains, buses, boats, airplanes, and all other modes of conveyance offered for public use. (Sect. 47)
Housing accommodations include public and private rental properties designed as sleeping quarters or residences. (Sect. 47)
Employment includes state service or that of its political subdivisions and all other employment activity. Equal employment opportunity includes prohibition against discrimination based on blindness. (Sect. 47a)
Violation: Any owner, manager, or employee who interferes with the above enumerated rights is subject to prosecution under several New York State statutes. (Sect. 47c)
NORTH CAROLINA
North Carolina Statutes, Chapter 168, Article 1, Sections 168-1 through 168-3, Sections 168-4.2 through 168-9 (last amended 1994)
North Carolina statutes guarantee a blind person the right to be accompanied by a dog guide in all public accommodations and on all transportation. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises. A dog guide user has a legal right to equal housing accommodation. Also, state policy ensures a blind person equal employment opportunity in state service, or in the service of is political subdivisions and public schools, and all other public and private employment, except when the visual impairment prevents performance of the work involved.
Public accommodations include hotels, restaurants, stores, places of resort and amusement, and all other places to which the public is invited. (Sect. 168-2, Sect. 168-3, Sect. 168-4.2, Sect. 168-4.4)
Public transportation includes airplanes, trains, buses, taxis, and all other forms of conveyances offered for public use. (Sect. 168-3, Sect. 168-4.2, Sect. 168-4.4)
Housing includes leased or rented properties and specifically covers residential communities, homes, and group homes. (Sect. 168-9)
The person qualifies for these rights upon showing a tag issued by the Department of Human Resources, pursuant to G.S. 168-4.3, stamped "North Carolina Assistance Dog Permanent Registration" and stamped with a registration number, or upon showing that the dog has been trained as an assistance dog.
No fee shall be charged for registration of an assistance dog. (Sect. 168-4.3)
Violation: Any person, firm, corporation or agent thereof who interferes with the above enumerated rights is guilty of a Class 3 misdemeanor.
NORTH DAKOTA
North Dakota Statutes: North Dakota Century Code of 1967 (last amended 1985), Chapter 25-13, Sections 25-13-01 through 25-13-05
North Dakota statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public conveyances. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog might cause to the premises. State statutory policy also ensures a blind person equal employment opportunity in state service, or the service of its political subdivisions and public schools, or in employment supported in whole or part by public funds, unless the visual impairment prevents performance of the work involved.
Public accommodations include hotels, lodging places, places of resort and amusement, stores, restaurants, and other facilities to which the general public is invited. (Sect. 25-13-02)
Public conveyances include trains, airplanes, taxis, buses, boats, and other modes of transportation offered for public use. (Sect. 25-12-02)
Violation: Any person, firm, or corporation or agent thereof who interferes with the legal rights enumerated above is guilty of a Class A misdemeanor and punishable accordingly. (Sect. 25-13-04)
OHIO
Ohio Revised Code, 1979, Section 955.011; Section 955.43; Section 955.99; amended 1992
Ohio statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public conveyances. No extra fee can be levied because of the dog's presence. A dog may not occupy a seat on a common carrier. Dog guides are exempt from licensing fees.
Public accommodations include hotels, restaurants, stores, places of resort and amusement, and all other places to which the general public is invited. (Sect. 955.43)
Public conveyances include taxis, trains, airplanes, buses, boats, and all other modes of transportation offered for public use. (Sect. 955.43)
Violation: Any person who interferes with the above-enumerated rights is guilty of a misdemeanor of the fourth degree and is punishable under Ohio law accordingly. (Sect.955.99)
OKLAHOMA
Oklahoma Statutes, enacted in 1968, amended 1981, 1985, 1988, 1989, and 1992, Title 7, Chapter1, Sections 19.1 and 19.2; Title 25, Chapter 21, Sections 1452.13 and 1452.14
Oklahoma statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. No extra charge can be levied because of the presence of a dog guide, but the dog guide user is liable for any damage the dog might cause to the premises.
Public accommodations include stores, restaurants, hotels, cafes, and all other places to which the public is invited. (Chapter 1, Sect.19. 1)
Public transportation includes public elevators, trains, airplanes, boats, buses, taxis, and all other modes of public conveyance. (Chapter 1, Sect. 19.1)
It shall be an unlawful discriminatory housing practice for any person or any agent or employee of such person to refuse to rent or lease housing to a blind person on the basis of the person's use or possession of a bona fide, properly trained guide dog. (Chapter 21, Sect. 1452.13)
Violation: Any person who interferes with the above-enumerated rights is guilty of a misdemeanor and punishable consequently under Oklahoma law. (Chapter 1, Sect. 19.2)
OREGON
Oregon Revised Statutes, 1967, Sections 346.610, 346.620, 346.630, and 346.991 last amended in 1993
Oregon statutory law guarantees a blind person the legal right to be accompanied by a dog guide in all public accommodations and on all public transportation. No extra charge can be levied because of a dog guide's presence, but the dog guide user is liable for any damage the dog might cause to the premises. Dog guides are exempt from licensing fees.
Landlords must provide equal housing accommodations to dog guide owners, and may not assess additional rent nor charge a non-refundable deposit because of a dog guide's presence. Violation can result in a $200 fine along with court costs and reasonable attorney's fees. (Sect. 345.630)
Public accommodations include restaurants, stores, hotels, and all facilities to which the public is invited. (Sect. 346.610, Sect. 346.620)
Public transportation includes buses, trains, taxis, airplane, and all other conveyances offered for public use. (Sect.346.610, Sect. 346. 620)
Violation: Any person who interferes with the above-enumerated rights is subject to the penalties provided in ORS 346.991. A blind person may maintain an action pursuant to ORS 346.630 for compensatory damages and attorneys' fees and court costs, if any landlord refuses to rent a dwelling unit on the basis of the person's use or possession of such dog guide. No blind person shall be required to pay an additional fee or an excessive deposit for the dog guide.
PENNSYLVANIA
Pennsylvania Statutes, P.L. 208, Act 72, 8/67 amended 6/72, Sections 1 through 11; Penalty - Title 18, Section 1, 1980
Pennsylvania statutes guarantee a blind person the legal right to be accompanied by a dog guide in all accommodations, which are made available for public use. The statutes further guarantee equal housing accommodation to dog guide users in both the rental and purchase of housing.
Public accommodations under Pennsylvania law and regulations include restaurants, hotels, places of resort and amusement, and public transportation. (Sect. 3)
Housing includes rental, and leased residential property, as well as negotiations covering the purchase of property. (Sect. 3)
Violation: Enforcement of the above enumerated rights is available through the state's commission on human rights, and a person who practices unlawful discrimination is guilty of a misdemeanor and punishable by a fine, imprisonment, or both. (Sect. 11, Title 18, Sect. 1)
RHODE ISLAND
Rhode Island Statutes, 1975, Chapter 9.1, Sections 31-18-14, 39-2-13, 40-9.1-1, 40-9.1-2, and 40-9.1-3, amended 1990; Chapter 13, Sections 4-13-16.1
Rhode Island statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damages the dog might cause to the premises.
Public accommodations include hotels, restaurants, stores, places of resort and amusement, and all other places to which the public is invited. (Sect. 40-9.1-1, Sect. 40-9.1-2)
Any dog guide may enter any public facility if the dog is clearly identified as such by a yellow harness and trained by a recognized training school. (Sect. 39-2-13)
Public transportation include, buses, trains, airplanes, taxis, elevators, and all other modes of conveyances offered for public use. (Sect. 40-9.1-1, Sect. 40-9.1-2)
Vehicles will yield the right-of-way to a pedestrian with a dog guide. (Sect. 31-18-14)
Violation: Any person who interferes with the above-enumerated rights is subject to a fine not to exceed $500 upon conviction. (Sect 40-9.1-3)
The owner or keeper of a dog which kills or bites a dog guide or bites its blind owner, will be liable to the blind person aggrieved for double all damages sustained, to be recovered in a civil action with the costs of the suit. (Sect. 4-13-16.1)
SOUTH CAROLINA
South Carolina Statutes, 1976, Chapter 33, Sections 43-33-10 through 43-33-70, amended 1993
South Carolina statutes guarantee a blind person the legal right to be accompanied by a dog guide in all public accommodations and on all public transportation. Dog guide users are also guaranteed equal housing accommodations. No extra charge can be levied because of the dog guide's presence, but the dog guide user is liable for any damages the dog might cause to the premises. Landlords are not required to modify their property, nor to provide a higher degree of care than that provided other tenants. State policy also endorses the right of a blind person to equal employment opportunity in state service, or the service of its political subdivisions and public schools, and in employment supported in whole or part by public funds, except when the visual disability prevents performance of the work involved.
Public accommodations include stores, hotels, restaurants, places of resort and amusement, and all other places to which the public is invited. (Sect. 43-33-20)
Public transportation includes taxis, trains, airplanes, buses, and all other forms of transportation offered for public use. (Sect. 43-33-20)
Housing accommodations include all real property offered for rent or lease as a residence or sleeping place, except for a single family dwelling, whose occupants offer no more than one room for rent. (Sect. 43-33-70)
The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or approaching a pedestrian utilizing a guide dog shall take all necessary precautions to avoid injury to the pedestrian. (Sect. 43-33-30)
Violation: Any person who interferes with the legal rights enumerated above is guilty of a misdemeanor. (Sect. 43-33-40)
SOUTH DAKOTA
South Dakota Statutes, SDCL 20-13-23.1 through 20-13-23-.4 last amended in 1995
South Dakota law guarantees a blind person the legal right to be accompanied by a dog guide in all public accommodations. A dog guide user also has a legal right to rent or lease an apartment or other residential housing without discrimination. No extra charge can be levied because of the dog guide's presence, but the dog guide user is liable for any damage the dog might cause to the premises.
Public accommodations include hotels, restaurants, stores, and all other places to which the general public is invited. (Sect. 20-13-23.1, Sect. 20-13-23.2)
All modes of transportation are generally included within the definition of public accommodations. (Sect. 20-13-23.1, Sect. 20-13-23.2)
Violation: Anyone who interferes with the above-enumerated rights violates South Dakota law. (Sect. 20-13-23.3)
TENNESSEE
Tennessee Statutes, Acts of 1955, Title 62, Chapter 7, Sections 62-7-112; 55-8-180; and 40-35-111
Tennessee statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in harness in all public accommodations and on all public conveyances. A dog guide user is also guaranteed the legal right to all housing accommodations. No extra charge can be levied because of the dog guide's presence, but the dog guide user is liable for any damage the dog might cause to the premises. The dog guide user may be requested to present for inspection the identification card furnished by a dog guide training institution to their graduates.
Public accommodations under Tennessee law include such facilities as stores, theaters, motion picture houses, elevators, public transportation, restaurants, hotels, public educational institutions, and other places to which the general public is invited. (Sect. 62-7-112)
A pedestrian being led by a dog guide has the right-of-way crossing a public street. (Sect. 55-8-180)
Violation: Anyone who interferes with the above-enumerated legal rights is guilty of a misdemeanor. (Sect. 40-35-111)
TEXAS
Texas Statutes, Title 8, Chapter 121, Sections 121.002 through 121.009, amended 1997
Texas statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in harness in all public facilities. A dog guide user has a legal right to equal housing accommodation in all housing offered for rent, lease, or compensation. The landlord need not modify the premises, nor is a higher standard of care required than that provided other tenants. No extra fee can be levied because of the dog guide's presence, but the dog guide user is liable for any damage the dog might do to the premises. Equal employment opportunity is also guaranteed, except where the visual impairment prevents performance of work involved.
Under Texas statutory law, the definition of public facilities includes hotels, stores, restaurants, college dormitories, places of resort, recreation and amusement, public buildings, railroads, buses, boats, airplanes, taxis, and all other common carriers or places to which the public is invited. (Sect. 121.002, Sect. 121.003)
Housing accommodations include any real property, in whole or part, designed or used as a home, residence, or sleeping place, except for a single family dwelling, the occupants of which offer for rent no more than one room. (Sect. 121.003)
Violation: Any person, firm, association, or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and is punishable by a fine of not less than $300 or more than $1000. In addition, the dog guide user whose civil rights have been violated may proceed in any court of competent jurisdiction to recover personal damages with the presumption that at least $100 worth of damage has been sustained. (Sect. 121.004)
UTAH
Utah Statutes, 1969, Chapter 30, Sections 26-30-1 through 26-30-5, amended 1989
Utah statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. Utah statutes also guarantee a blind person with a dog guide the right to equal housing accommodations. No extra fee may be charged for the dog's presence, but the landlord may require a reasonable deposit as security, and the dog user shall be liable for any damage to the premises caused by the dog guide. A person renting, leasing or selling private or public housing need not modify the premises in any way to accommodate a visually handicapped tenant. The dog guide user may be asked to present for inspection the identification card provided by the dog guide school from which the dog was obtained.
Utah state policy also endorses the right of equal employment opportunity to a blind person in its state service, or the service of its political subdivisions, and public schools and in employment supported in whole or part by public funds, except when the visual impairment prevents performance of the work involved.
Public accommodations include stores, restaurants, hotels, lodges, public buildings, places of resort and amusement, and all other places to which the public is invited. (Sect. 26-30-1, Sect. 26-30-2)
Public transportation includes airplanes, buses, trains, boats, taxis, and all other modes of transportation offered for public use. (Sect. 26-30-1, Sect. 26-30-2)
Housing accommodations include any real property, whether public or private. (Sect. 26-30-1, Sect. 26-30-2)
Violation: Any person or agent of any person who interferes with the above-enumerated legal rights is guilty of a Class C misdemeanor and punishable accordingly. (Sect. 26-30-4)
VIRGINIA
Virginia Statutes; Code of Virginia, Chapter 9, Sections 51.5-44 through 51.5-46, amended 1994
Virginia statutory law guarantees a blind person the legal right to be accompanied by a dog guide in all public accommodations and on all public transportation. A dog guide user is also guaranteed equal housing accommodation, but the landlord is not required to modify the property or provide a higher standard of care than that provided other tenants. No extra charge can be levied because of a dog guide's presence, but the dog guide user is liable for any damage the dog might cause to the premises. Dog guides are exempt from licensing fees. Also, it is the policy of the state of Virginia to endorse equal employment opportunity to blind persons in its state service, the service of its political subdivisions and public schools, and in employment supported in whole or part by public funds, except when the visual disability prevents performance of the work involved.
Public accommodations include hotels, stores, restaurants, places of resort and amusement, and any other place to which the general public is invited. (Sect. 51.5-44)
Public transportation includes airplanes, boats, trains, buses, taxis, common carriers, and all other modes of conveyances offered for public use. (Sect. 51.5-44)
Housing accommodations include any real property or portion thereof designed or used as a home, residence, or sleeping place offered for rent, lease, or compensation, except for a single family dwelling, the occupants of which offer no more than one room for rent. (Sect. 51.5-45)
Violation: In any action in which the petitioner is represented by the Department for Rights of Virginians with Disabilities or the Attorney General's office, no attorneys' fees shall be awarded, nor shall the Department for Rights of Virginians with Disabilities have the authority to institute any class action under this chapter.
Any person, firm, corporation or agent thereof who interferes with the above enumerated rights is liable for affirmative equitable relief as is appropriate. An award for compensatory damages and reasonable attorney's fees may be awarded, except that a defendant shall not be entitled to an award for attorney's fees if the court finds that the claim was frivolous. Compensatory damages shall not include damages for pain and suffering. Punitive or exemplary damages shall not be awarded.
An action may be commenced pursuant to this section at any time within one year of the occurrence of any violation of rights under this chapter. However, such action shall be forever barred, unless such claimant or his agent, attorney, or representative has commenced such action or has filed by registered mail a written statement of the nature of the claim with the potential defendant, within 180 days of the occurrence. (Sect. 51.5-46)
VERMONT
Vermont Statutes, 1974 (last amended 1991), Sections 4502, 1057
Vermont law guarantees a blind person the legal right to be accompanied by a dog guide in all places of public accommodation. The dog must be in harness. No extra charge can be levied because of the dog's presence.
Public accommodations include any establishment, which offers services, goods, or facilities to the public. The term public accommodation covers stores, restaurants, hotels, and common carriers. (Sect. 4502)
The driver of a vehicle will yield the right-of-way to a pedestrian with a dog guide. (Sect. 1057)
Violation: Vermont law prohibits interference in the exercise of the above-enumerated rights by an owner, operator, employee, or agent of a public accommodation. (Sect.4502)
WASHINGTON
Washington Statutes, White Cane Law, Chapter 70.84, Sections 70.84.010 through 70.84.900, last amended in 1997
Washington statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in harness in all places of public accommodation and on all public transportation. No extra charge can be levied because of the dog's presence. State policy also ensures equal employment opportunity in state service, in the service of its political subdivisions and public schools, and in employment supported in whole or part by public funds, except when the visual disability prevents performance of the work involved.
Public accommodations include hotels, restaurants, stores, public buildings, places of resort, amusement, and assemblage, and any other place to which the general public is invited. (Sect. 70. 84. 010, Sect. 70. 84. 030)
Public transportation includes trains, buses, airplanes, boats, taxis, and any other common carriers or modes of conveyance offered for public use. (Sect. 70. 84. 010, Sect. 70. 84. 030)
Violation: Any person, firm, corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and punishable under Washington law accordingly. (Sect.70. 84. 070)
WEST VIRGINIA
West Virginia Statutes, White Cane Law 1969, Chapter 150, Article 15, Sections 5-15-1 through 5-15-8
West Virginia law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in harness in any public accommodation and on all public transportation. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage caused by the dog. State policy also endorses equal employment opportunity in its state service, or in the service of its political subdivisions and public schools, and in any employment supported in whole or part by public funds, except when the disability prevents performance of the work involved.
Public accommodations include hotels, restaurants, stores, places of resort and amusement, and all other places to which the public is invited. (Sect. 5-15-4)
Public transportation includes trains, boats, buses, taxis, airplanes, and all other common carriers and modes of conveyance offered for public use. (Sect. 5-15-4)
Violation: Any person, firm, corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and subject to a fine. (Sect. 5-15-8)
WISCONSIN
Wisconsin Statutes, 1990, Chapter 94, Sections 174.055 and 174.056
Wisconsin law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in harness in all public accommodations. The dog guide user can be requested to submit for inspection the identification card provided by dog guide schools to their graduates.
Public accommodations under Wisconsin law include hotels, inns, stores, restaurants, public conveyances on land and water, places of resort and recreation, and all other facilities and places to which the general public is invited. (Sect. 174.056)
A blind person may be asked to present, for inspection, credentials issued by a school for training dogs for the blind. (Sect. 174.056)
Dog guides will be exempt from any dog license tax. (174.055)
Violation: Any person or owner, lessee, employee, or agent of a public accommodation who interferes with the above enumerated rights may be fined up to $100, or imprisoned for 30 days, or both. (Sect. 174.056)
WYOMING
Wyoming Statutes, 1967, Sections 35-13-105 through 35-13-204; Sections 16-6-501 through 16-6-504
Wyoming statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. No extra charge can be levied because of the dog guide's presence, but the dog guide user is liable for any damages the dog guide might cause to the premises.
Public accommodations include hotels, restaurants, stores, public buildings, places of resort and amusement, and any other place to which the public is invited. (Sect. 35-13-201)
The driver of a vehicle must yield the right-of-way to a pedestrian with a dog guide. (Sect. 35-13-202)
Public transportation includes buses, trains, taxis, airplanes, boats, and any other mode of public conveyance offered for public use. (Sect. 35-13-204)
Violation: Any person, firm or corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and may be fined not more than $750. (Sect. 35-13-203)
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