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Delaware

West's Delaware Code Annotated Currentness. Title 16. Health and Safety. Part IX. Disabled and Partially Disabled Persons. Chapter 95. Delaware White Cane Law; Title 21. Motor Vehicles. Part III. Operation and Equipment. Chapter 41. Rules of the Road. Subchapter V. Pedestrians' Rights and Duties.

Statute Details
Printable Version
Citation: DE ST TI 16 § 9502 - 9505; DE ST TI 21 § 4144

Citation: 16 Del.C. § 9502 - 9505; 21 Del.C. § 4144


Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

West's Delaware Code Annotated Currentness. Title 16. Health and Safety. Part IX. Disabled and Partially Disabled Persons. Chapter 95. Delaware White Cane Law.

§ 9502. Rights and liabilities

(a) The blind, the visually handicapped and the otherwise physically disabled shall have the same rights as able-bodied persons to use streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.

(b) The blind, the visually handicapped and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation, and in all hotels, lodging 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.

(c) Every totally or partially blind person may be accompanied by a guide dog, especially trained for the purpose, in any of the places listed within this section without being required to pay an extra charge for the guide dog, provided that the totally or partially blind person shall be liable for any damages done to the premises or facilities by such dog. A guide dog may be excluded from any of the places enumerated in this section if the admission of such dog would create the clear danger of a disturbance or physical harm to other persons in such place.

58 Laws 1971, ch. 222; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.

 

§ 9503. Rules of the road

The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominately 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, and any driver who fails to take such precautions shall be liable in damages for any injury caused to such pedestrian. A totally or partially blind pedestrian not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed in § 9502 shall have all of the rights and privileges conferred by law upon other persons and the failure of a totally or partially blind pedestrian to carry a cane or use a dog in any such places, accommodations or conveyances shall not be conclusively held to constitute nor be evidence of contributory negligence.

58 Laws 1971, ch. 222.

 

§ 9505. Housing accommodations

(a) Blind persons, visually handicapped persons and other physically disabled persons shall be entitled to full and equal access as other members of the general public to all housing accommodations offered for rent, lease or compensation in this State, subject to the conditions and limitations established by law on all persons.

(b) "Housing accommodations" shall mean any real property or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of 1 or more human beings, but shall not include any accommodations not included within subsection (a) or any single-family residence the occupants of which rent, lease or furnish for compensation not more than 1 room therein.

(c) Nothing in this section shall require any person renting, leasing or providing for compensation real property to modify such person's property in any way or provide a higher degree of care for a blind person or a visually handicapped person.

(d) Every totally or partially blind person who has a guide dog shall be entitled to full and equal access to all housing accommodations provided for in this section and the totally or partially blind person shall not be required to pay extra compensation for such guide dog, but shall be liable for any damage done to the premises by such a guide dog.

58 Laws 1971, ch. 222; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.

 

Title 21. Motor Vehicles. Part III. Operation and Equipment. Chapter 41. Rules of the Road. Subchapter V. Pedestrians' Rights and Duties.

§ 4144. Drivers to exercise due care

Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person or 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.

54 Laws 1963, ch. 160, § 1; 60 Laws 1976, ch. 701, § 32.

Interference with Service Animal

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