Full Statute Name:  Consolidated Assistance Animal/Guide Dog Laws

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Primary Citation:  LA R.S. 46:1951 - 1959; LA R.S. 21:52; LA R.S. 32:217 Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  LSA-R.S 46:1951 - 1959; LSA-R.S. 21:52; LSA-R.S 32:217
Summary:

The following comprise Louisiana's assistance animal/guide dog laws.

Statute Text: 

West's Louisiana Statutes Annotated. Louisiana Revised Statutes. Title 46. Public Welfare and Assistance. Chapter 23. Louisiana White Cane Law.

§ 1951 . Statement of policy

§ 1952 . Definitions

§ 1953 . Use of public facilities; equal accommodations; assistance dogs

§ 1954 . Housing accommodations; full and equal access; degree of care; assistance dogs

§ 1955 . Assistance dog trainers and puppy raisers; rights; liability

§ 1956 . Violation of rights; injury or interference with an service dog; penalties; civil action; damages; cost and attorney fees

§ 1957 . Precautions for operators of motor vehicles approaching physically disabled pedestrians

§ 1958 . Exemption from license fee; assistance dog

§ 1959 . Scope of Chapter

Title 21. Hotels and Lodging Houses. Chapter 2. Offenses by Guests. Part II. Animals and Pets

§ 52 . Guide or service dog, rights and privileges of owners and trainers; penalties for violations

Title 32. Motor Vehicles and Traffic Regulation. Chapter 1. Louisiana Highway Regulatory Act. Part IV. Traffic Regulations. Subpart H. Pedestrians' Rights and Duties

§ 217 . Blind and incapacitated pedestrians; use of canes; persons in wheelchairs; vehicles

 

 

§ 1951. Statement of policy

A. It is the policy of this state to encourage and enable a person with a disability to participate fully in the social and economic life of the state, to achieve maximum personal independence, to otherwise fully enjoy and use all public facilities available in the state, and to engage in remunerative employment.

B. No person with a disability may be denied admittance to any public facility because of the person's disability. No person with a disability shall be denied the use of a white cane, service dog, wheelchair, crutches, or other device of assistance.

C. In addition, it is the policy of this state that a person with a disability shall be employed by the state, political subdivisions of the state, public schools, and all other employment supported in whole or in part by public funds on the same terms and conditions as an able-bodied person, unless it is shown that the particular disability prevents the performance of the work involved.

Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.

 

§ 1952. Definitions

As used in this Chapter,

(1) “Service dog” means a dog who has been trained or is being trained to do work or perform a task for a person with a disability. “Service dog” refers to a dog trained as any of the following:

(a) A hearing dog.

(b) A guide dog.

(c) A seizure alert dog.

(d) A mobility dog.

(e) An autism service dog.

(f) A dog providing assistance during a medical crisis.

(g) A service dog providing assistance to persons, including veterans with traumatic brain injury or post traumatic stress disorder.

(2) “Housing accommodations” means any immovable 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 one or more human beings, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(3) “Person with a disability” means a person who has a physical or mental impairment that substantially limits one or more of such person's major life activities and who has a record of such impairment or who is regarded as having such an impairment, including military veterans with traumatic brain injury or post traumatic stress disorder.

Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.

 

§ 1953. Use of public facilities; equal accommodations; assistance dogs

A. Every person with a disability shall have 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.

B. Every person with a disability shall be entitled to full and equal accommodations, advantages, facilities, and privileges in the following, subject only to the conditions and limitations established by law and applicable alike to all persons:

(1) Common carriers, including taxis, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation operated on land or water, in the air, or any stations and terminals thereof.

(2) Educational institutions, including but not limited to kindergartens, primary and secondary schools, trade or business schools, high schools, academies, colleges, and universities.

(3) Hotels, lodging places, restaurants, theaters, places of public accommodation, amusement, or resort.

(4) Other places to which the general public is invited.

C. Every person with a disability may be accompanied by a service dog, especially trained to aid such person, in any of the places provided in Subsection B of this Section without being required to pay an extra charge for such dog. However, he shall be liable for any damage done to the premises, facilities, operators, or occupants by such dog.

D. (1) A public entity may ask a person with a disability to remove his service dog from a premises if either of the following is present:

(a) The service dog is out of control, and the person with a disability accompanying the service dog does not take effective action to control it.

(b) The service dog is not housebroken.

(2) If the service dog is properly excluded, the public entity shall give the person with a disability the opportunity to enter without the service dog.

E. (1) A public entity shall not ask about the nature or extent of a person's disability, but may make the following two inquiries to determine whether such a dog qualifies as a service dog:

(a) A public entity may ask if the service dog is required because of a disability.

(b) A public entity may ask what work or task the service dog has been trained to perform.

(2) A public entity shall not require documentation for proof the service dog has been certified, trained, or licensed as a service dog.

F. Nothing in this Section shall require any person who owns, leases, or operates any public conveyance or modes of transportation, educational institutions, hotels, restaurants, theaters, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, to modify his property or facility in any way or provide a higher degree of care for a person with a disability than for a person who is not disabled.

Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.

 

§ 1954. Housing accommodations; full and equal access; degree of care; assistance dogs

A. Every person with a disability 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 and applicable alike to all persons.

B. Nothing in this Section shall require any person renting, leasing, or providing for compensation immovable property to modify his property in any way or to provide a higher degree of care for a person with a disability than for a person who is not disabled.

C. Each person with a disability who has a service dog, especially trained to aid such person or who obtains such a dog, shall be entitled to full and equal access to all housing accommodations as defined in R.S. 46:1952(2), and he shall not be required to pay extra compensation for such dog but shall be liable for any damage done to the premises or any person on the premises by such dog.

Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.

 

§ 1955. Assistance dog trainers and puppy raisers; rights; liability

During the training of a service dog, any trainer or puppy raiser of such dog shall have the same rights and privileges as a person with a disability to be accompanied by a service dog in any place or facility provided in this Chapter without being required to pay an extra charge for such dog. However, during the training of a service dog, he shall be liable for any damages done to any person, premises, or facility by the service dog.

Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.

 

§ 1956. Violation of rights; injury or interference with an service dog; penalties; civil action; damages; cost and attorney fees

A. Any person, firm, or corporation, or the agent, representative, or employee of any person, firm, or corporation who withholds, denies, deprives, or attempts to withhold, deny, or deprive; intimidates, threatens, coerces, or attempts to threaten, intimidate, or coerce; punishes or attempts to punish a person with a disability or a trainer or puppy raiser of a service dog, during the training of such dog, or for exercising his right to be admitted to or enjoy the places and facilities provided in this Chapter; or otherwise interferes with the rights of a person with a disability under this Chapter shall be guilty of a misdemeanor and fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both.

B. Any person who purposely or negligently injures a service dog or any owner of a dog who allows that dog to injure a service dog because he fails to control or leash the dog shall also be guilty of a misdemeanor and fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both. Such person shall also be liable for any injuries to the service dog and, if necessary, the replacement and compensation for the loss of the service dog.

C. For every offense, such person shall pay for actual damages for any economic loss to any person aggrieved thereby, to be recovered in any court of competent jurisdiction in the parish where such offense was committed or where the aggrieved person resides.

D. In an action brought under this Section, the court may award costs and reasonable attorney's fee to the prevailing party.

Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.

 

§ 1957. Precautions for operators of motor vehicles approaching physically disabled pedestrians

A. Operators of motor vehicles approaching a pedestrian with a disability who is carrying a cane predominantly white in color, with or without a red tip, or a pedestrian with a disability using a service dog shall take all necessary precautions to avoid injury to such pedestrian.

B. Any such operator who fails to take all necessary precautions to avoid injury to a pedestrian with a disability shall be liable in damages for any injury caused to the pedestrian and any injury caused to the pedestrian's service dog.

C. No operator of a motor vehicle shall drive into or upon any crosswalk while a pedestrian with a disability is on the crosswalk or crossing or attempting to cross the crosswalk if such pedestrian indicates his intention to cross or to continue to cross the crosswalk. Failure by the pedestrian to signal his intention to cross the crossway shall not deprive him of the right of way given to him by other applicable law or regulation.

Credits

Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.

 

§ 1958. Exemption from license fee; assistance dog

Service dogs, as defined in R.S. 46:1952, shall be exempt from any state or local license fee.

Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1.

 

§ 1959. Scope of Chapter

Nothing in this Chapter shall be construed to amend, repeal, conflict with, or supersede any federal or state law, rule, or regulation or local ordinance mandating full and equal access in the use of public facilities or places, common carriers, public conveyances, or other modes of transportation, or housing accommodations for a person with a disability.

Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.


Title 21. Hotels and Lodging Houses. Chapter 2. Offenses by Guests. Part II. Animals and Pets

§ 52. Guide or service dog, rights and privileges of owners and trainers; penalties for violations

A. Any blind person, visually impaired person, deaf person, hearing impaired person, or person with any other physical disability who is accompanied by a properly controlled dog which such person has been taught to use as a guide or for service at a qualified dog guide or service school, or any person who is qualified to provide training for a guide dog or service animal and is accompanied by a guide dog in training, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public accommodation, amusement, or resort, and other places to which the general public is invited, and shall be entitled to take such dog into such conveyances and places, subject only to the accommodations and limitations applicable to all persons not so accompanied, provided that the dog shall not occupy a seat in any public conveyance.

B. Any person, firm, or corporation, or agent, representative, or employee of any person, firm, or corporation who deprives any blind person, visually impaired person, deaf person, hearing impaired person, or person with any other physical disability, or any person who is accompanied by a guide dog in training of any right conferred by Subsection A of this Section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not to exceed five hundred dollars, or be imprisoned in the parish jail for a period not to exceed ninety days, or both, within the discretion of the judge; and for every such offense such person shall forfeit and pay a sum not to exceed five hundred dollars to any person aggrieved thereby, to be recovered in any court of competent jurisdiction in the parish where such offense was committed.

C. The provisions of Subsections A and B of this Section shall be inapplicable unless the person, as described in Subsections A and B of this Section, accompanied by a guide or service dog, shall furnish evidence as to the training of the dog, which evidence shall be obtained from the training agency or school by which the dog has been trained. If the person is accompanied by a guide dog in training as described in Subsection A of this Section, that person shall furnish evidence of his qualifications to provide training for a guide dog, or the provisions of Subsections A and B of this Section shall be inapplicable.

Credits

Added by Acts 1954, No. 83, § 1. Amended by Acts 1962, No. 33, § 1; Acts 1981, No. 407, § 1; Acts 1993, No. 763, § 1; Acts 2009, No. 373, § 1; Acts 2014, No. 811, § 10, eff. June 23, 2014.

 

Title 32. Motor Vehicles and Traffic Regulation. Chapter 1. Louisiana Highway Regulatory Act. Part IV. Traffic Regulations. Subpart H. Pedestrians' Rights and Duties

§ 217. Blind and incapacitated pedestrians; use of canes; persons in wheelchairs; vehicles

A. It is unlawful for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is metallic or white in color or white tipped with red.

B. Whenever a pedestrian guided by a guide dog, or carrying in a raised or extended position a cane or walking stick which is metallic or white in color, or white tipped with red, or a pedestrian who requires a wheelchair or motorized wheelchair for transportation is crossing or attempting to cross a public street or highway, at or near an intersection or crosswalk, the driver of every vehicle approaching the intersection or crosswalk shall take such precautions as may be necessary to avoid injuring or endangering such pedestrian, and if injury or danger to such pedestrian can be avoided only by bringing his vehicle to a full stop, he shall bring his vehicle to a full stop.

C. Nothing contained in this Section shall be construed to deprive any totally or partially blind or otherwise incapacitated person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon the streets, highways or sidewalks of this state, be held to constitute nor be evidence of contributory negligence.

CREDIT(S)

Acts 1962, No. 310, § 1. Amended by Acts 2004, No. 242, § 1.


  

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