Access Laws
CONTENTS
HYPERLINK \l "_Introduction" introduction
HYPERLINK \l "_Important_Information" Important Information
HYPERLINK \l "_AMERICANS_WITH_DISABILITIES_ACT" AMERICANS WITH DISABILITIES ACT
HYPERLINK \l "_Public_Accommodations" Public Accommodations
HYPERLINK \l "_ALABAMA" ALABAMA
HYPERLINK \l "_ALASKA" ALASKA
HYPERLINK \l "_ARIZONA" ARIZONA
HYPERLINK \l "_ARKANSAS" ARKANSAS
HYPERLINK \l "_CALIFORNIA" CALIFORNIA
HYPERLINK \l "_COLORADO" COLORADO
HYPERLINK \l "_CONNECTICUT" CONNECTICUT
HYPERLINK \l "_DELAWARE" DELAWARE
HYPERLINK \l "_DISTRICT_OF_COLUMBIA" DISTRICT OF COLUMBIA
HYPERLINK \l "_FLORIDA" FLORIDA
HYPERLINK \l "_GEORGIA" GEORGIA
HYPERLINK \l "_HAWAII" HAWAII
HYPERLINK \l "_IDAHO" IDAHO
HYPERLINK \l "_ILLINOIS" ILLINOIS
HYPERLINK \l "_INDIANA" INDIANA
HYPERLINK \l "_IOWA" IOWA
HYPERLINK \l "_KANSAS" KANSAS
HYPERLINK \l "_KENTUCKY" KENTUCKY
HYPERLINK \l "_LOUISIANA" LOUISIANA
HYPERLINK \l "_MAINE" MAINE
HYPERLINK \l "_MARYLAND" MARYLAND
HYPERLINK \l "_MASSACHUSETTS" MASSASHUSETTS
HYPERLINK \l "_MICHIGAN" MICHIGAN
HYPERLINK \l "_MINNESOTA" MINESOTA
HYPERLINK \l "_MISSISSIPPI" MISSISSIPI
HYPERLINK \l "_MISSOURI" MISSOURI
HYPERLINK \l "_MONTANA" MONTANA
HYPERLINK \l "_NEBRASKA" NEBRASKA
HYPERLINK \l "_NEVADA" NEVADA
HYPERLINK \l "_NEW_HAMPSHIRE" NEW HAMPSHIRE
HYPERLINK \l "_NEW_JERSEY" NEW JERSEY
HYPERLINK \l "_NEW_MEXICO" NEW MEXICO
HYPERLINK \l "_NEW_YORK" NEW YORK
HYPERLINK \l "_NORTH_CAROLINA" NORTH CAROLINA
HYPERLINK \l "_NORTH_DAKOTA" NORTH DAKOTA
HYPERLINK \l "_OHIO" OHIO
HYPERLINK \l "_OKLAHOMA" OKLAHOMA
HYPERLINK \l "_OREGON" OREGON
HYPERLINK \l "_PENNSYLVANIA" PENNSYLVANIA
HYPERLINK \l "_RHODE_ISLAND" RHODE ISLAND
HYPERLINK \l "_SOUTH_CAROLINA" SOUTH CAROLINA
HYPERLINK \l "_SOUTH_DAKOTA" SOUTH DAKOTA
HYPERLINK \l "_TENNESSEE" TENNESSEE
HYPERLINK \l "_TEXAS" TEXAS
HYPERLINK \l "_VERMONT" VERMONT
HYPERLINK \l "_VIRGINIA" VIRGINIA
HYPERLINK \l "_WASHINGTON" WASHINGTON
HYPERLINK \l "_WEST_VIRGINIA" WEST VIRGINIA
HYPERLINK \l "_WISCONSIN" WISCONSIN
HYPERLINK \l "_WYOMING" WYOMING
HYPERLINK \l "_PUERTO_RICO" PUERTO RICO
HYPERLINK \l "_GUAM" GUAM
HYPERLINK \l "_CANADIAN_PROVINCES" CANADIAN PROVINCES
HYPERLINK \l "_ALBERTA" ALBERTA
HYPERLINK \l "_BRITISH_COLUMBIA" BRITISH COLUMBIA
HYPERLINK \l "_MANITOBA" MANITOBA
HYPERLINK \l "_::___ NEW BRUNSWICK" NEW BRUNSWICK
HYPERLINK \l "_NEWFOUNDLAND" NEWFOUNDLAND
HYPERLINK \l "_NOVA_SCOTIA" NOVA SCOTIA
HYPERLINK \l "_ONTARIO" ONTARIO

HYPERLINK \l "_PRINCE_EDWARD_ISLAND" PRINCE EDWARD ISLAND

HYPERLINK \l "_NORTHWEST_TERRITORY" NORTH WEST TERRITORY
HYPERLINK \l "_SASKATCHEWAN" SASKATCHEWAN
HYPERLINK \l "_YUKON" YUKON
HYPERLINK \l "_BERMUDA" BERMUDA
HYPERLINK \l "_UNITED_STATES_VIRGIN_ISLANDS" UNITED STATES VIRGIN ISLANDS

Introduction

This handbook is dedicated to the thousands of blind peuple throughout the United States and Canada who follow their daily routines safely, independently and efficiently with specially bred and trained dog guides at their sides.
They go everywhere: to schools, offices and other places of work; to hotels, restaurants, hospitals, stores and theaters; in taxicabs, airplanes, trains and buses and other places of public accommodation.
Every day their dogs enhance their lives without imposing on other who use public services and facilities.
There is a growing public awareness that dog guides are very different from pets. They are scientifically selected and trained for their responsibilities. Blind people who work with dog guides have been taug" how to use and properly care for them.
But sometimes dog guide users accompanied by their dogs are denis entry or service. Virtually all states and provinces prohibit discrimination against a blind person accompanied by a dog guide. In the United States, the Americans with Disabilities Act is designed to end discrimination against people with any disability, including visual impairment.
This is the ninth edition of The Seeing Eye's compilation of statutes reinforcing the right of a blind person to be accompanied in public places by his or her dog guide. It contains pertinent passages from legislation in the United States, Canada, Bermuda, Puerto Rico, Guam and the Virgin Islands, as well as the Americans with Disabilities Act. A new section outlines the procedures to be followed by those entering Hawaii with a de guide.
This handbook is made available to graduates of recognized dog guide schools in the United States and Canada. The Seeing Eye is responsible for editorial costs, but each of the participating schools shared in the cost of its printing. Graduates may obtain copies by contacting thei schools.
This ninth edition was made possible through the volunteer efforts law students and staff at the Special Education Clinic of New Jersey's Rutgers School of Law-Newark, who spent numerous hours compiling, checking and re-checking this information: law students Raul Ocasio, a Seeing Eye graduate, Arnaldo Maestry, Eric Sutton, Robyn Kirkland and Rommel Salas; Clinic Director, Mary Hartnett, Esq., and Acting Dean of th Law School, Eric R. Neisser, Esq.
At The Seeing Eye, Michele Drolet, Manager of Student Relations,supervised this project, working closely with David Loux, Manger of Field Operations and Chairman of The Seeing Eye's Access Committee. Melissa Campbell, Manager of Public Relations, oversaw the printing.
Ail who use this handbook are grateful to them for their hard and productive work.
Finally, all of us recall with affection the memory of Robert Whitstock, Esq., the late retired Vice-President of The Seeing Eye, who conceived the idea of the handbook and first compiled the information.
Kenneth Rosenthal, President The Seeing Eye, Inc. Morristown, New Jersey March 15,1999

Important Information

This digest provides a list of legal rights guaranteed by statute to blind people who use dogs as guides. Most of these specialized statutes also contain additional rights, but because they are not relevant to this particular compilation, they have not been included. In addition, many of the broad human rights statutes created to protect minorities against discrimination may have applicability to the rights of dog guide users.
If legal interpretation is required, if legal action becomes necessary, or to obtain unabridged copies of relevant statutes, contact an attorney.

AMERICANS WITH DISABILITIES ACT

The Americans with Disabilities Act, which became effective in 1992, is a comprehensive statute with broad implications for blind people. Those with physical disability are added to the protection of federal civil rights legislation. Since blindness is included within the definitions of disability, the interests of blind people are protected in employment throughout the United States; entitlement to local government services; and unencumberec use of public accommodations, including transportation. State and local governments may not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability. Access to equal housing also is guaranteed; discrimination on the basis of disability is universally prohibited. Additionally, requirements that tend to screen out individuals with disabilities, such as demanding a driver's license as the only acceptable means of identification, are prohibited.
Enforcement
Individuals are entitled to bring private actions against offenders, or may enlist the aid of the Justice Department. For advice on civil rights matters as they affect disability, you may contact:
The Office of Americans with Disabilities Act
Civil Rights Division
- . United States Department of Justice
PO Box 66118
Washington, DC 20035-6118 202/514-0301
Redress may involve complaints filed with specifie federal departments regarding fair housing, transportation, education, etc. For guidance on complaints in these areas, please contact:
Coordination and Review Section --.:'-..'—-. Civil Rights Division
United States Department of Justice
PO Box 66118
Washington, DC 20035-6118
fViolations under the ADA may include penal and civil damages, depending on the nature of the complaint. Damages can be as much as $50,000 for the first offense and $100,000 for subsequent offenses.Dog Guide Coverage
Under the ADA and its implementing regulation, the right of a blind person to be accompanied by a dog guide in places that serve the public is guaranteed. Section 36.104 of Title 3 specifies that "service animais," which include dog guides, are covered by the statute. The right of a blind person to be accompanied by a dog guide is guaranteed and the term "public accommodation" is also defined under this provision.

Public Accommodations

1. Hotels, inns, motels or other places of lodging, except where the facility has five available rooms or less and the owner lives on the premises.
2. Restaurants, bars or other establishments serving food or drink.
3. Motion picture houses, theaters, concert halls, stadium or other places of exhibition or entertainment.
4. Auditoriums, convention centers, lecture halls or other places of public gathering.
5. Grocery, clothing or hardware stores, bakeries, shopping centers or other sales or rental establishments.
6. Laundromats, dry cleaners, banks, barber and beauty shops, travel services, shoe repair, funeral parler, gas station, office of an accountant or lawyer, pharmacy, insurance office or professional office of a health care provider, hospital, or any other service establishment.
7. Terminal, depot or other station used for public transportation.
8. Museums, libraries, galleries or other places of display or collection.
9. Parks, amusement parks or other places of recreation.
10. Nursery, elementary, secondary, undergraduate or post-graduate school or place of education.
11. Day care center, senior citizen center, homeless shelter, food bank, adoption agency or any other social service.
12. Gymnasium, health spa, bowling alley, golf course or other place of exercise.
The above list is illustrative. Facilities not mentioned that fall into these categories are intended for coverage.
36.302
Cl Title 3, by Congressional directive, is to be given broad interpretation to guarantee access by dog guide users and other service animal owners to all public services.
Under Section C2, a facility can require the separation of a dog from its owner, but only if the dog's presence fundamentally alters or endangers the goods or services of the facility or jeopardizes public use of the facility.

ALABAMA

Act 869, Alabama Statutes of 1975, Sections 21-7-1 through 21-7-10, Chapter7. 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. (Section-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 an 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 placer 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 < other transportation services offered for public use. (Sec. 21-7-3)
Housing, except for rented rooms in private dwelling, cannot be denied te 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 modifyii 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 impairec 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 fc 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 bi 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 academie activity receiving state funding. The only employmen 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 dwellings, 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 place 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, 82-29(
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)