Statute in Full:
35-46-3-11.5 Interference with or mistreatment of service animal; defenses
West's Annotated Indiana Code. Title 9. Motor Vehicles. Article 21. Traffic Regulation. Chapter 17. Pedestrians.
9-21-17-21 Blind pedestrians; yield of right-of-way
Sec. 21. A person who drives a vehicle shall yield the right-of-way to a blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.
CREDIT(S)
As added by P.L.2-1991, SEC.9.
West's Annotated Indiana Code. Title 16. Health. Article 32. Persons with Disabilities. Chapter 3. Rights of Blind and Other Physically Disabled Persons.
16-32-3-1 Public policy
Sec. 1. It is the policy of this state to encourage and enable individuals who are blind, individuals with a visual disability, and other individuals with a physical or mental disability to participate fully in the social and economic life of the state and to engage in remunerative employment.
CREDIT(S) As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.65, eff. May 6, 1993; P.L.99-2007, SEC.155, eff. May 2, 2007; P.L.155-2009, SEC.1.
HISTORICAL AND STATUTORY NOTES
2009 Electronic Pocket Part Update
P.L.99-2007, Sec.155, amended this section by rewriting the contents thereof, which read:
“It is the policy of this state to encourage and enable the blind, the visually disabled, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment.”
P.L.155-2009, Sec.1, amended this section by inserting “or mental”.
16-32-3-1.5 “Service animal” defined
Sec. 1.5. As used in this chapter, “service animal” refers to an animal trained as:
(3) an assistance animal; (4) a seizure alert animal; (6) a psychiatric service animal; or (7) an autism service animal. CREDIT(S) As added by P.L.155-2009, SEC.2.
16-32-3-2 Public accommodations; service animals
Sec. 2. (a) As used in this section, “public accommodation” means an establishment that caters or offers services, facilities, or goods to the general public. The term includes the following educational facilities:
(1) A nursery school.
(2) An elementary school.
(4) An undergraduate or postgraduate public or private institution.
(5) Other places of education.
(1) is totally or partially blind;
(2) is hearing impaired; or
(3) has a physical or mental disability;
is entitled to be accompanied by a service animal, especially trained for the purpose, in any public accommodation without being required to pay an extra charge for the service animal. However, the person is liable for any damage done to the accommodation by the service animal.
(1) refuses access to a public accommodation; or
(2) charges a fee for access to a public accommodation;
to a person who is totally or partially blind, who has a hearing impairment, or who has a physical or mental disability, because that person is accompanied by a service animal commits a Class C infraction.
(d) A service animal trainer, while engaged in the training process of a service animal, is entitled to access to any public accommodation granted by this section. CREDIT(S)
As added by P.L.2-1993, SEC.15. Amended by P.L.99-2007, SEC.156, eff. May 2, 2007; P.L.155-2009, SEC.3.
HISTORICAL AND STATUTORY NOTES
2009 Electronic Pocket Part Update
P.L.99-2007, Sec.156, amended this section by rewriting the contents thereof, which read:
“(a) As used in this section, ‘public accommodation’ means an establishment that caters or offers services, facilities, or goods to the general public.
“(1) totally or partially blind person;
“(2) hearing impaired person; or
“(3) physically disabled person;
“is entitled to be accompanied by a guide dog, especially trained for the purpose, in any public accommodation without being required to pay an extra charge for the guide dog. However, the person is liable for any damage done to the accommodation by the dog.
“(1) refuses access to a public accommodation; or
“(2) charges a fee for access to a public accommodation;
“to a totally or partially blind person, a hearing impaired person, or a physically disabled person because that person is accompanied by a guide dog commits a Class C infraction.”
“(d) A guide dog trainer, while engaged in the training process of a guide dog, is entitled to access to any public accommodation granted by this section.”
P.L.155-2009, Sec.3, amended this section by adding the second sentence in the introductory paragraph of Subec. (a); inserting Subsecs. (a)(1) to (a)(5); inserting “or mental” in Subsec. (b)(3) and in the concluding language of Subsec. (c); and substituting “service animal” for “guide dog” or “dog” throughout Subsecs. (b) to (d).
16-32-3-3 Offenses; failure to take precautions to avoid injury to blind pedestrian; unauthorized carrying of cane
Sec. 3. (a) A person not totally blind who:
(1) 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 service animal; and
(2) fails to take all necessary precautions to avoid injury to the blind pedestrian;
commits a Class C infraction.
(b) A person not totally or partially blind who carries, in a public place, a cane or walking stick that is white and tipped with red commits a Class C infraction.
CREDIT(S) As added by P.L.2-1993, SEC.15. Amended by P.L.155-2009, SEC.4.
16-32-3-4 White Cane Safety Day
Sec. 4. Each year the governor shall take suitable public notice of October 15 as “White Cane Safety Day”. The governor shall issue a proclamation in which the governor does the following:
(1) Comments upon the significance of the white cane. (2) Calls upon the citizens of Indiana to observe the provisions of the white cane law and to take precautions necessary to the safety of individuals with a disability. (3) Reminds the citizens of Indiana of the policies with respect to individuals with a disability and urges the citizens to cooperate in giving effect to the policies. (4) Emphasizes the need of the citizens to do the following: (A) Be aware of the presence of individuals with a disability in the community. (B) Keep safe and functional for individuals with a disability the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement, and resort, and other places to which the public is invited. (C) Offer assistance to individuals with a disability upon appropriate occasions. CREDIT(S)
As added by P.L.2-1993, SEC.15. Amended by P.L.99-2007, SEC.157, eff. May 2, 2007.
16-32-3-5 Public employment; terms and conditions
Sec. 5. It is the policy of this state that individuals who are blind, individuals with a visual disability, and other individuals with a physical or mental disability shall be employed in:
(2) the service of the political subdivisions of the state;
(3) the public schools; and
(4) all other employment supported in whole or in part by public funds;
on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
CREDIT(S) As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.66; P.L.99-2007, SEC.158, eff. May 2, 2007; P.L.155-2009, SEC.5.
HISTORICAL AND STATUTORY NOTES
P.L.23-1993, SEC. 66, emerg. eff. May 6, 1993.
2009 Electronic Pocket Part Update
P.L.99-2007, Sec.158, amended this section by changing all references to “the blind, the visually disabled”, and “the physically disabled” to “individuals who are blind, individuals with a visual disability”, and “individuals with a physical disability”.
P.L.155-2009, Sec.5, amended this section by inserting ”or mental” in the introductory language.
West's Annotated Indiana Code. Title 22. Labor and Safety. Article 9. Civil Rights. Chapter 6. Equal Access to Housing for Persons with Disabilities.
22-9-6-5 Guide dogs not grounds for refusing to rent
Sec. 5. A person renting, leasing, or providing real property for compensation shall not refuse to accept a person with a disability as a tenant due to the fact that the person with a disability has a guide dog that assists the person with a disability in overcoming a particular disability.
CREDIT(S)
As added by P.L.2-1993, SEC.132. Amended by P.L.23-1993, SEC.138.
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