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Access Laws for Guide Dog Users: U.S.

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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.

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