Access Laws

   

  Access Laws

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State of Wisconsin Guide Dog Access Laws
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WISCONSIN ACT 353

WISCONSIN ACT 354

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Assistance Dogs International – Guide to Access Laws

 

 

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.

ARIZONA

Arizona Statutes of 1965, amended in 1979, 1981, and 1992, Section 11-1024, Section 13-2910, Chapter 29 Arizona statutory law guarantees a blind person the legal right to be accompanied by a dog guide in any place to which the public is invited. The same right exists in regard to common carriers. No extra charge can be levied because of the dog’s presence, but the dog guide user is liable for any damages caused by the dog to the premises. Public place include restaurants, cafes, hotels, motels, stores, places of amusement and all other facilities open to the public except zoos and wild animal parks, which may exclude dog guides under certain specified conditions. (Sec. 11-1024-A) A proprietor may request that the dog guide user present the identification card provided him or her by the school from which the dog was obtained. (Sec. 11-1024-B) Common carriers include trains, buses, taxis, airplanes, etc. (Sec. 11-1024-A) The driver of a vehicle must yield the right-of-way to a pedestrian with a dog guide. (Sec. 11-1024-D) A person who intentionally interferes with, kills or harms a working or service animal (ie. guide dog) without either, legal privilege or consent of owner, and is convicted, is liable to the owner or agency of the service animal for the replacement and training costs of the service animal and for veterinary bills. (Sec. 13-2910) Violation: Any person, firm, association, corporation or agent thereof who interferes with the above enumerated rights is guilty of a class 1 misdemeanor and punishable under Arizona State Law. (11-1024-F)

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)

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)

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)

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.

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)

IOWA

216C.3 Free use of public facilities: Persons who are blind or partially blind and persons with physical disabilities have the same right as other persons to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public elevators, public facilities, and other public places
216C.4 Accommodations: Persons who are blind or partially blind and persons with physical disabilities are entitled to full and equal accommodations, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motorbuses, streetcars, boats, other public conveyances or modes of transportation, hotels, lodging places, eating places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
216C.5 Use of guide dogs: Every blind or partially blind person shall have the right to be accompanied by a guide dog, under control and especially trained for the purpose, in any of the places listed in sections 216C.3 and 216C.4 without being required to make additional payment for the guide dog. A landlord shall waive lease restrictions on the keeping of a guide dog for a blind person. The blind person is liable for damage done to the premises or facilities by a guide dog.
216C.6 Failure to use cane or dog not negligence: A blind or partially blind pedestrian not carrying a cane or using a guide dog in any place shall have all of the rights and privileges conferred by law upon other persons, and the failure of a blind or partially blind pedestrian to carry a cane or to use a guide dog in any place shall not be held to constitute or be evidence of contributory negligence.
216C.7 Penalty for denying rights: Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with the rights of any person under this chapter shall be guilty of a simple misdemeanor.

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: Section 98A. Physically handicapped persons with dog guides; public places or conveyances; charges or fares; penalties Section 98A. Notwithstanding any other provision of law, any blind person, or deaf or hearing handicapped person, or other physically handicapped person accompanied by a dog guide, shall be entitled to any and all accommodations, advantages, facilities and privileges of all public conveyances, public amusements and places of public accommodation, within the commonwealth, to which persons not accompanied by dogs are entitled, subject only to the conditions and limitations applicable to all persons not accompanied by dogs, and no such blind person, or deaf or hearing handicapped, or other physically handicapped person shall be required to pay any charge or fare for or on account of the transportation on any public conveyance for himself and such dog so accompanying him in addition to the charge or fare lawfully chargeable for his own transportation. Whoever deprives any blind person, or deaf or hearing handicapped person, or other physically handicapped person of any right conferred by this section shall be punished by a fine of not more than three hundred dollars and shall be liable to any person aggrieved thereby for such damages as are set forth in section five of chapter one hundred and fifty-one B; provided, however, that such civic forfeiture shall be of an amount not less than one hundred dollars.

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)
750.502c Person with disabilities or trainer led by guide, leader, hearing, or service dog; refusing entry to or use of public or private accommodations as misdemeanor; conditions; identification card; list; definitions.
Sec. 502c. (1) A person who is an owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public or private housing, accommodation, amusement, or recreation, including but not limited to any inn, hotel, motel, apartment building, trailer park, restaurant, barbershop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public or private educational institution, or elevator, who refuses to permit a person with disabilities to enter or use the place when the place is available because the person with disabilities is being led or accompanied by a guide or leader dog, hearing dog, or service dog is guilty of a misdemeanor if the guide or leader dog is wearing a harness or if the hearing dog or service dog is wearing a blaze orange leash and collar, hearing dog cape, or service dog backpack, and the person with disabilities being led or accompanied has in his or her possession a pictured identification card certifying that the dog was trained by a qualified organization or trainer. The department of labor shall maintain a list of organizations or trainers that train guide or leader dogs, hearing dogs, and service dogs.
(2) A person who is an owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public or private housing, accommodation, amusement, or recreation, including, but not limited to, the places listed in subsection (1), who refuses to permit a trainer of guide or leader dogs, hearing dogs, or service dogs to enter or use the place when the place is available because the trainer is being led or accompanied by a guide or leader dog, hearing dog, or service dog is guilty of a misdemeanor if the guide or leader dog is wearing a harness or if the hearing dog or service dog is wearing a hearing dog cape or service dog backpack, if the trainer is being led or accompanied by an adult dog for the purpose of training the dog, and if the trainer has in his or her possession picture identification and identification stating that he or she is a representative or employee of an organization or trainer, or is a trainer, included on the department of labor list of organizations or trainers that train guide or leader dogs, hearing dogs, or service dogs.

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)

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)

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)

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)

PUERTO RICO

Puerto Rico Statutes; Laws of Puerto Rico Annotated, Title B, Chapter 13, Sections 201 through 204, last amended in 1979 Puerto Rico 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 transportation. No extra charge can be levied because of the dog guide’s presence. A dog guide user can be requested to present for inspection the identification card provided by a dog guide school, as well as a health certificate issued by a veterinarian within the past 12 months. Public accommodations include hotels, inns, cafeterias, elevators, bathing resorts, places of amusement, and all other places and facilities to which the public is invited. (Sect. 201, Sect. 204) Public transportation includes trains, buses, ferries, taxis, and all other modes of conveyance offered for public use. (Sect. 201, Sect. 204) Violation: Any person who interferes with the above-enumerated rights is guilty of a misdemeanor and punishable by a fine not to exceed $100, or 30 days in jail. If force or violence is used to deny a dog guide user the rights enumerated-above, the offending person will be guilty of aggravated assault and may be fined up to $500, and imprisoned up to six months, or both. (Sect. 203) GUAM Guam Code Annotated, Title 19, Chapter 2, Sections 2115, 2116; Title 10, Chapter 34, Section 34104; Title 22, Chapter 5, Section 5202 Guam guarantees that every totally or partially blind person shall have the right to be accompanied by a specially trained guide dog in any public accommodation and on any public transportation without being required to pay an extra fee. The dog guide user however will be liable for any damage caused by the dog guide. A totally or partially blind person has the right to equal access to accommodations, modes of transportation and housing accommodations, that do not include single rental or lease family residences of no more than one room. (Sect. 2115) Seeing eye dogs are exempt from paying licensing fees. (Sect. 34104)

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)

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)

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)

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 and Wisconsin 354 (2005)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 cannot 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. 106.52) A blind person may not 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)  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)

 

 

WYOMING

Chapter 13, Article 2: PROTECTION AND RIGHTS OF BLIND AND DISABLED PERSONS
35-13-201. Generally; use of certified guide dogs.
(a) Any blind, visually handicapped, deaf, hearing impaired or otherwise disabled person, subject to the conditions and limitations established by law and applicable alike to all persons:
(i) Has the same right as an able-bodied person to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places;
(ii) Shall be afforded full and equal accommodations, advantages, facilities and privileges of all hotels, motels, lodging places, restaurants, public elevators, places of public accommodation, amusement or resort and other places to which the general public is invited; and
(iii) Shall not be discriminated against in the leasing or rental of apartments and other private residential property because of his handicap.
(b) Any blind, visually handicapped, deaf or hearing impaired person may be accompanied by a guide dog, specially trained and certified for the purpose, in any of the places listed in subsection (a) of this section without paying an extra charge for the guide dog, shall not be discriminated against in the leasing or rental of residential property because the person has a guide dog and is liable for any damage done to the premises or facilities by the dog.
35-13-203. Interfering with rights; penalty: Any person denying or interfering with admittance to or enjoyment of the public facilities enumerated in W.S. 35-13-201 or otherwise interfering with the rights of the blind, partially blind, deaf, hearing impaired or otherwise disabled person is guilty of a misdemeanor and may be fined not more than seven hundred fifty dollars ($750.00).
35-13-204. Additional provisions on use of certified guide dogs; penalty.
(a) Any blind, partially blind, deaf or hearing impaired person who is a passenger on any common carrier, airplane, motor vehicle, railroad train, motor bus, boat or any other public conveyance operating within the state may have with him a guide dog specially trained and certified for that purpose.
(b) Any person violating this section is subject to a fine not to exceed seven hundred fifty dollars ($750.00).

Canada

ALBERTA

The Blind Person’s Act, Chapter B-6, Sections 5(1) through 5(8), Revised Statutes 1980 Alberta law guarantees a blind person the right to be accompanied by a specially trained dog guide in all public accommodations. It is unlawful discrimination for anyone to deny a dog guide user access to or use of public accommodation on the grounds of the dog guide’s presence. The dog guide user should be prepared to present for inspection an identification card issued by either the Canadian National Institute for the Blind or by the dog guide school from which the dog was obtained. A dog guide user has a legally protected right to equal housing accommodation. A landlord man not insist on any term or conditions in regard to the dog guide which in any way discriminate against the dog guide’s presence. The landlord, however, is not required in any way to modify the premises. Public accommodations include places or facilities to which the public is invited. Generally, these include stores, restaurants, hotels, and public conveyances, as well as facilities and services of similar nature. (Sect. 5(1)(a)) Housing accommodation is defined as a self-contained dwelling unit. (Sect. 5(2)) Violation: Anyone who interferes with the above enumerated rights is guilty of an offense and upon conviction is subject to a fine not to exceed $1,000. (Sect. 8(1))

BRITISH COLUMBIA

Guide Animal Act – 1990, revised 1996, Chapter 177, Blind Persons Rights Act, 1979, Chapter 29 British Columbia statutory law guarantees a blind person the right to be accompanied by a specially trained dog guide in all public accommodations. No extra charge can be levied because of the dog guide’s presence, but the dog may not occupy a seat on a public conveyance and the dog must be under proper control at all times through a leash or harness. The Minister of Consumer Service is empowered to issue a special identification card to dog guide users. However, the card issued by dog guide schools to their graduates also is evidence of the special training the dogs have received. Public accommodations include restaurants, lodging places, public conveyances, and all other places, which serve and accommodate the public. (Sect. 2) No one may discriminate against a blind person with a dog guide in regard to rental housing, except where it involves sharing the living area with another family. (Sect. 2) Violation: Anyone who unlawfully discriminates against the rights of a dog guide user is guilty of an offense and upon conviction may be punished by a fine not to exceed $200. (Sect 8)

MANITOBA

Manitoba Human Rights Act, Chapter H 175 Manitoba has a broad scope of legislation centering on discrimination. Specific interpretation rests with the provincial Human Rights Commission.

NEW BRUNSWICK

The Human Rights Act of New Brunswick – 1976 (as amended and consolidated in 1985) – Chapter 31; New Brunswick Regulation 84-283 under the Health Act of 1984 New Brunswick Human Rights legislation extends the prohibition against discrimination to include physical disabilities. As defined in the statute, these include the right to be accompanied by a dog guide; consequently, dog guide users have a legal right to equal employment, equal housing accommodations, and equal access to and the use of all public accommodations, services and facilities to which the public customarily is invited. The Health Act of 1984 also exempts dog guides from prohibition against live animals in areas where food is served, and with the agreement of the district medical health officer; a dog guide may also be present in areas where food is prepared. Equal employment covers all employees, as well as membership in professional and trade organizations. (Sect. 3(3)) Housing accommodations include the rental of residential and commercial properties, as well as the purchase of real estate. (Sect. 4(1)) Public accommodations and facilities include stores, restaurants, hotels, public conveyances, and other places to which the public customarily is admitted. (Sect. 5(1)) Violation: Enforcement is centered in the Human Rights Commission. (Sect 12)

NEWFOUNDLAND

The Blind Person’s Rights Act of 1981 – Chapter 60 Newfoundland statutory law guarantees a blind person the right to be accompanied by a specially trained dog guide in all places of public accommodation. A dog guide user has a legally protected right to equal housing accommodation and no special conditions or terms can be imposed because of the dog guide. Public accommodations and facilities include stores, restaurants, hotels, and common carriers such as trains, buses, and taxis and other conveyances, as well as other services and facilities to which the public customarily is admitted. (Sect. 4(b)) Housing accommodations include any commercial unit or self-contained dwelling unit. (Sect. 5(1)(a)) Violation: Any person who interferes with the rights enumerated in this Act is guilty of an offense and liable on summary conviction, if an individual, to a fine of not more than $500, or to imprisonment for not more than 30 days, or both; if a body corporate, to a fine of not more than $1,000, or to imprisonment for not more than 60 days, or both. (Sect. 10(a)-(b)

NOVA SCOTIA

Blind Person’s Rights Act – enacted 5/77, Chapter 40, Section 1 Nova Scotia law guarantees a blind person the right to be accompanied by a specially trained dog guide in all public accommodations and facilities. No extra charge can be levied because of the presence of the dog guide. A dog guide user also has a right to equal housing accommodations, but the landlord is not required to make any modifications. Public accommodations include restaurants, hotels, public conveyances, and other places to which the public customarily is admitted. (Sect. 4(1)) Housing accommodations include the rental of any self-contained dwelling unit. (Sect. 4(2)) Violation: Anyone who interferes with the rights enumerated above is guilty of an offense and punishable under Nova Scotia law. (Sect. 8)

ONTARIO

The Blind Person’s Rights Act (Revised Statutes of Ontario, 1990) – Chapter B.7; Regulation 83 (Revised Regulation of Ontario, 1990) Ontario laws guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and facilities. No extra charge can be levied because of the dog’s presence. A dog guide user is also guaranteed the right to equal housing accommodations, and no special terms or conditions can be imposed because of the dog’s presence. The Attorney General is authorized to issue to dog guide users a special identification card, which is prima facie evidence that a dog has been specially trained. The identification cards issued by dog guide schools to their graduates also are appropriate evidence of such training. Public accommodations and facilities include stores, restaurants, taverns, hotels, and common carriers such as trains, buses, and taxis, and other conveyances, as well as any other place or facility to which the public customarily is invited. (Sect. 2) Housing accommodations cover any self-contained dwelling unit. (Sect. 2(2)(a)) Violation: Anyone who interferes with the above rights is guilty of an offense and, upon conviction, is subject to a fine not to exceed $5,000. (Sect. 6(1))

QUEBEC

Human Rights Act – 1978 – Bill 9 – amending Human Rights and Freedoms Charter Human rights legislation includes sweeping prohibitions against discrimination on the grounds of physical disability. Physically handicapped persons are guaranteed the enjoyment of the same rights as all citizens. The definition of handicapped includes the unrestricted right of a physically handicapped person to use prosthetic aids. Under the Quebec Health Insurance Act, dog guides are included within the concept of prosthetic aid. Consequently, dog guide users accompanied by their dog guides appear to have universal access to the social, economic and educational institutions available throughout the province. Government officials with the authority to protect human rights are available to assist the physically handicapped in enforcing the right to non-discrimination. Substantial fines are part of the available enforcement procedures. Penalties: Fines of not more than $1,000 or imprisonment of not more than six months, or a fine of not more than $5,000 in the case of a corporation.

PRINCE EDWARD ISLAND

Human Rights Act of 1974, chapter H-12, 1988; Public Health Act Regulations of 1979 Prince Edward Island legislation protecting human rights includes prohibition against discrimination on the grounds of physical handicap, including the right of a blind person to use a dog as a guide; the statute makes this a part of the definition. Consequently, a dog guide user has the legal right to be accompanied by a trained dog guide in all public accommodations and facilities. A dog guide user also has the right to equal housing accommodations and equal employment opportunities. Specific reference is incorporated under the Public Health Act Regulations to substantiate the right of a blind person to be accompanied by a dog guide in any facility in which food is served. Public accommodations and facilities include restaurants, hotels, stores, public conveyances, and other places to which the public customarily is invited. (Sect. (2)(1)) Housing accommodations include rental properties for residential or commercial use, which are available for rent or purchase. (Sect. (3)(1)) Employment includes all employment and membership in professional and employee organizations. (Sect. (6)(1)) Violation: Enforcement is centered in a special Human Rights Commission. (Sect. 18)

NORTHWEST TERRITORY

No legislation.

SASKATCHEWAN

Saskatchewan Human Rights Code, 1979 – Broad scope legislation centering on discrimination. Specific interpretation rests with the provincial Human Rights Commission. Saskatchewan law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in public accommodations and facilities. The dog guide user cannot be required to muzzle the dog guide. No extra charge can be levied because of the dog’s presence. A dog guide user also has a legally protected right to equal housing accommodations. No special conditions or terms can be imposed because of the dog guide. Public accommodations and facilities include restaurants, hotels, stores, and public conveyances, as well as other services and facilities to which the public generally is invited. Housing accommodation is described by the statutes as a self-contained dwelling unit. Violation: Any person who interferes with the rights enumerated above is guilty of an offense and upon conviction is subject to a fine not to exceed $500. The fine for a convicted corporation is not to exceed $1,000

YUKON

As of February 1999, Yukon did not appear to have any dog guide legislation, except that the Public Health Ordinance exempts dog guides from the prohibition that bans animals from an area where food is prepared.