Full Title Name:  Table of State Service Animal Laws

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Rebecca F. Wisch Publish Year:  2019 Place of Publication:  Michigan State University College of Law Primary Citation:  Animal Legal & Historical Center
Summary: This table compares all 50 states' service animal laws for several categories. Included are public accommodation laws, criminal interference laws, licensing laws, disabled pedestrian laws, and service animal misrepresentation laws. Links to the text of the various laws are provided.

This table compares state service animal laws. The first column gives state definitions for an assistance animal, which can range from a "guide dog" in Connecticut to a "medical alert or respond dog" in Missouri. Other categories surveyed are equal access/public accommodation laws, criminal interference/harm to service animal laws, disabled pedestrian laws, dog licensing laws that address service animals, and laws concerning the fraudulent representation of service animals.

Equal access laws protect the rights of disabled individuals to use service animals in public places without being denied entry or having to pay an extra fee. If a listed place refuses entry with an assistance animal or otherwise interferes with the rights of the individual, that entity may have to pay a fine or could even face criminal charges (usually a misdemeanor). This table only lists the public accommodation access laws and does not cover assistance animals in housing.

In 2019, a new column was added to this table that lists whether public accommodation laws cover service dogs in-training, "SDIT" for short. Currently, five states do not cover service animals in-training under their public accommodation laws: Hawaii, Michigan, South Dakota, Washington, and Wyoming. Since federal law (the Americans with Disabilities Act or "ADA") only applies to service animals used to do work or perform tasks for persons with disabilities, it is presumed service dog trainers are not guaranteed public access in these five states. 

Nearly all states (except for six) have laws that protect assistance animals from criminal interference, theft, and assault. Only Alabama, Alaska, Iowa, Maryland, Montana, and West Virginia do not appear to have such laws. Violators can face a simple misdemeanor for willfully interfering with a service animal in New Hampshire, to a one-year term of imprisonment/$10,000 fine in California for causing intentional injury to a service animal. It is important to observe the state of mind (or mens rea in legal terms) required under many of these state laws. Some laws require that a person only "recklessly" interfere with, or allow his or her dog to interfere with, a service animal. For the more serious crime of causing death or serious injury to a service animal, a person must "intentionally" cause the injury. In states with laws, restitution is required for injury to service animals.

Laws protecting disabled pedestrians, typically known as "White Cane Laws," appear in most states. These laws mandate that drivers approaching pedestrians who are blind or visually handicapped and using guide dogs take such reasonable precautions before proceeding as may be necessary to avoid an accident or injury. Punishment typically involves a fine and possibly restitution resulting from injuries to the pedestrian and his or her guide dog.

About half the states offer licensing fee waivers/exemptions for service dogs. Sometimes proof of the dog's status as a service dog is required. In California, for instance, a person must attest to such fact in an affidavit. A person who makes a false claim on this affidavit faces a possible six months in jail and/or $1,000 fine.

Finally, about half the states have laws that make it a crime to fraudulently represent that a person has the right to be accompanied by a service animal. This may simply involve the unauthorized use of a harness, vest, or orange leash that typically identifies as a dog as a service animal. Violation is usually a misdemeanor. The laws on this table only cover service dog fraud and not the laws related to fraudulent assistance animals in housing. 

StateDefinition of Service AnimalService Dog in Training (SDIT) Covered?Public Accommodation LawHarassment or Interference LawDriving Law ("White Cane Law")Licensing LawService Dog Fraud Law

Alabama

Definitions

Under Chapter 7 - Rights of Blind and Otherwise Physically Disabled Persons:

For the purposes of this section, the term service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.

Ala. Code 1975 § 21-7-4.

 

SDIT Covered?

Yes. A person training a service animal shall be entitled to the same privileges granted to a person with a disability.  Ala. Code 1975 § 21-7-4.

Also, a dog that is being trained by a person employed by an accredited school for training guide dogs for the blind shall not be refused in place of public accommodation. Violation is a misdemeanor with a fine not to exceed $50. Ala.Code 1975 § 3-1-7

Accommodation Law

Every person with a disability, including a person who is:

  • totally or partially blind
  • hearing-impaired,
  • diagnosed on the autism spectrum

shall have the right to be accompanied by a service animal in any public place, including a public or private school, and any of the places listed in Section 21-7-3.

The person may not be required to pay an extra charge for the service animal.

Ala. Code 1975 § 21-7-4.

Any person, firm or corporation, or the agent of any person, firm or corporation, who denies or interferes with admittance to or enjoyment of the public facilities or otherwise interferes with the rights of a totally or partially blind or otherwise disabled person shall be guilty of a misdemeanor.

Ala. Code 1975 § 21-7-5.

 

Driving Law         

The driver of a vehicle approaching a totally or partially blind pedestrian who is using a guide dog, or a person employed by an accredited school for training guide dogs who provides notice shall take all necessary precautions prescribed by law to avoid injury to the blind pedestrian, and the dog trainer.

Any driver who fails to take all necessary precautions shall be liable in damages for any injury caused the pedestrian, or the guide dog trainer.

Ala. Code 1975 § 21-7-6.

 

  

Alaska

Definitions

Under driver duty law:

"Service animal" means a dog guide or other animal that assists a physically disabled person to function as a pedestrian.

A. S. 09.65.150

Under rights interference law:

"Certified service animal" means an animal trained to assist a physically or mentally challenged person and certified by a school or training facility for service animals as having completed such training.

A.S. 11.76.130

Under interference with the training of a service animal law:

"In training to be a service animal" means being in the pre-training or training period as required under a program administered through a school, agency, or other training facility for service animals whose goal is to certify the animal as being able to assist physically or mentally challenged persons.

A.S. 11.76.133

 

SDIT Covered?

Yes. 

Interference with training of service animal:

A person commits the offense of interference with the training of a service animal if he or she intentionally prevents or restricts a person who is authorized to train a service animal from being accompanied by an animal that is identified as being in training to be a service animal.

Interference with the training of a service animal is a violation.

A. S. 11.76.133

Accommodation Law

Interference with rights of person using service animal:

A person commits the crime of interference with the rights of a physically or mentally challenged person if he or she intentionally prevents or restricts  a physically or mentally challenged person from being accompanied or assisted by a certified service animal in a common carrier/place of public accommodation.

Interference with the rights of a physically or mentally challenged person is a class B misdemeanor.

A. S. 11.76.130

 

Driving Law         

The driver of a vehicle approaching a physically disabled pedestrian who is using a service animal must take precautions to avoid injury to the pedestrian or the service animal. A driver who fails to take necessary precautions and causes injury to the pedestrian/service animal is liable for the injury or damage caused.

A. S. 09.65.150

 

  

Arizona

Definitions

Under rights/discrimination law:

“Service animal” means any dog or miniature horse that is individually trained or in training to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild or domestic or trained or untrained.

A. R. S. § 11-1024

Under criminal injury to service animal law:

"Service animal" means an animal that has completed a formal training program that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public.

A.R.S. § 13-2910

 

SDIT Covered?

Yes. Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in the other listed subsections.

A. R. S. § 11-1024

Accommodation Law

Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability. Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. 

Violation is a class 2 misdemeanor.

Law has exception for zoos or wild animal parks where service animals may come into direct contact with the animals.

A. R. S. § 11-1024

Harassment of/Interference with Service Dogs

Per A.R.S. § 13-2910, a person commits cruelty to animals if the person does any of the following:

  • Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner (class 6 felony).
  • Intentionally or knowingly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal (class 6 felony).
  • Recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal (class 1 misdemeanor).
  • Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal (class 6 felony).

Driving Law         

The driver of a vehicle approaching a legally blind pedestrian who is using a service animal or who is assisted by a sighted person shall yield the right-of-way and take reasonable precautions to avoid injury to the pedestrian and the service animal. Drivers shall take the same precautions with respect to pedestrians who have a disability other than blindness and their service animals. A driver who violates this subsection is liable for damages for any injury caused to the pedestrian or the service animal.

A. R. S. § 11-1024

 

Service Dog Fraud

A person may not fraudulently misrepresent an animal as a service animal or service animal in training to a person or entity that operates a public place. A court or duly appointed hearing officer may impose on the person misrepresenting the animal in violation of this subsection a civil penalty of not more than $250 for each violation.

A. R. S. § 11-1024

Arkansas

Definition

Accommodation law adopts federal definition: "service dog as defined in Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C § 12101 et seq., as it existed on January 1, 2017." 

A.C.A. § 20-14-304

SDIT Covered?

Yes. The individual with visual, hearing, or other physical disabilities, or dog trainer in the act of training a guide, signal, or service dog shall not be required to pay any additional charges for his or her guide, signal, or service dog.

A.C.A. § 20-14-308

Accommodation Law

Every individual with visual, hearing, or other disabilities has the right to be accompanied by a service animal especially trained to do work or to perform tasks for the benefit of an individual with a disability in or upon any and all public ways, public places, and other public accommodations and housing accommodations prescribed in § 20-14-303 and to be accompanied by a service dog as defined in Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C § 12101 et seq., as it existed on January 1, 2017, and shall not be required to pay any extra fee or charge for the service animal.

A.C.A. § 20-14-304

Harassment of/Interference with Service Dogs

Any person who without just cause purposely kills or injures any service animal described in this section or any search and rescue dog is guilty of a Class D felony.

Any person who kills or injures any service animal described in this section or any search and rescue dog shall make restitution to the owner of the animal.

A.C.A. § 20-14-304

Driving Law         

The driver of a vehicle approaching a visually handicapped or hearing impaired person who is using guide or hearing ear dog shall take all reasonable precautions to avoid injury to the visually handicapped, hearing impaired, or other physically handicapped pedestrian.

A.C.A. § 20-14-306


 

  

California

Definitions

Under public accommodation law:

“guide dog” means a guide dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336).

“signal dog” means a dog trained to alert an individual who is deaf or hard of hearing to intruders or sounds.

“service dog” means a dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.

West's Ann. Cal. Civ. Code § 54.1

SDIT Covered?

Yes:

  • Persons licensed to train guide dogs for individuals who are blind or visually impaired pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336),1;
  • Persons authorized to train signal dogs for individuals who are deaf or hard of hearing;
  • Persons who are authorized to train service dogs for the individuals with a disability;

may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog.

These persons shall ensure the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the Food and Agricultural Code.

West's Ann. Cal. Civ. Code § 54.2

Accommodation Law

Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the purpose, in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog.

A violation of the right under the Americans with Disabilities Act of 1990 also constitutes a violation of this section, and nothing in this section shall be construed to limit the access of any person in violation of that act.

West's Ann. Cal. Civ. Code § 54.2

Anyone who denies or interferes with admittance to or enjoyment of the public facilities or otherwise interferes with the rights of an individual with a disability is liable for each offense for the actual damages up to a maximum of 3 times the amount of actual damages, but in no case less than $1,000, and attorney's fees.

"Interfere," for purposes of this section, includes, but is not limited to, preventing or causing the prevention of a guide dog, signal dog, or service dog from carrying out its functions in assisting a disabled person.

West's Ann. Cal. Civ. Code § 54.3

Harassment of/Interference with Service Dogs

Interference/Harassment:

Any person who, with no legal justification, intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing the guide, signal, or service dog or mobility aid user or his or her guide, signal, or service dog, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine of not less than $1,500 nor more than $2,500, or both that fine and imprisonment.

West's Ann. Cal. Penal Code § 365.6

Injury or Causing Death to Service Dog:

Unlawful to permit any dog to injure or kill any service dog while the service dog is in discharge of its duties. Violation is  infraction punishable by a fine if the injury is caused by the person's failure to exercise ordinary care in the control of his or her dog. 

Violation is a misdemeanor if the injury is caused by reckless disregard in the exercise of control over his or her dog punishable by fine of not less $2,500 nor more than $5,000, or both. Upon conviction, the defendant shall make restitution, including veterinary bills and replacement costs.

West's Ann. Cal. Penal Code § 600.2

Any person who intentionally causes injury to or the death of any service dog, while the dog is in discharge of its duties, is guilty of a misdemeanor is guilty, punishable by imprisonment up to 1year, or by fine up to $10,000, or by both. Upon conviction, a defendant must make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.

West's Ann. Cal. Penal Code § 600.5

Driving Law         

A totally or partially blind pedestrian who is using a guide dog, shall have the right-of-way.

Driver must yield the right-of-way and take all reasonably necessary precautions to avoid injury to this blind pedestrian

Failure to do so is a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, or a fine of not less than $500 nor more than $1,000, or both.

West's Ann. Cal. Vehicle Code § 21963

Licensing Law    

For a license, person must sign affidavit stating dog is trained assistance dog. Person who makes false affidavit faces 6 months in jail and/or $1,000 fine.

Upon the death or retirement of an assistance dog, the owner or person in possession of the assistance dog identification tag shall immediately return the tag to the animal control department that issued the tag.

West's Ann. Cal. Food & Agric. Code § 30850

 

Service Dog Fraud

Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed/qualified/identified as a guide, signal, or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment.

Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed/qualified/identified as a guide, signal, or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment.

West's Ann. Cal. Penal Code § 365.7

 

Colorado

Definitions

(6.5) “Service animal” has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq.

C. R. S. A. § 24-34-301

 

 

SDIT Covered?

Yes. A trainer of a service animal, or an individual with a disability accompanied by an animal that is being trained to be a service animal, has the right to be accompanied by the service animal in training without being required to pay an extra charge for the service animal in training in or on the following places or during the following activities:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

C.R.S.A. § 24-34-803

 

Accommodation Law

A qualified individual with a disability has the right to be accompanied by a service animal individually trained for that individual without being required to pay an extra charge for the service animal in or on the following places or during the following activities and subject to the conditions and limitations established by law and applicable alike to all individuals:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

C.R.S.A. § 24-34-803

Violation is a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

C.R.S.A. § 24-34-804

Harassment of/Interference with Service Dogs

It is unlawful for any person, firm, corporation, or agent of any person, firm, or corporation to interfere with, injure, or harm, or cause another dog to interfere with, injure, or harm, a service animal.

Violation is a class 3 misdemeanor.

A person who willfully or wantonly causes harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.

The legal owner of an animal that is willfully or wantonly allowed to cause harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.

In any action commenced under this subsection, a court may award costs and reasonable attorney fees.

C.R.S.A. § 24-34-804

Driving Law         

Driver who approaches a person with a disability (including use of a service animal) must come to a full stop to avoid accident.

Failure to do so is class A traffic offense.

C.R.S.A. § 42-4-808
 

Licensing Law     

Person with disability is exempt from any state or local licensing fees or charges in connection with owning a service animal.

C.R.S.A. § 24-34-803

 

Service Dog Fraud 

A person commits intentional misrepresentation of a service animal if:

(a) The person intentionally misrepresents an animal in his or her possession as his or her service animal or service-animal-in-training for the purpose of obtaining any of the rights or privileges set forth in section 24-34-803, C.R.S.;

(b) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent a service animal;

(c) The person knows that the animal in question is not a service animal or service-animal-in-training.

Upon conviction, penalties are as follow:

  • For a first offense, a fine of $25;
  • For a second offense, a fine of not less than $50 but not more than $200; and
  • For a third or subsequent offense, a fine of not less than $100 but not more than $500.

C.R.S.A. § 18-13-107.7

Connecticut

Definitions

No definition for service animal.

"Guide dog" or "assistance dog" includes a dog being trained as a guide dog or assistance dog and "person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person" means a person who is employed by and authorized to engage in designated training activities by a guide dog organization or assistance dog organization that complies with the criteria as described.

C. G. S. A. § 46a-44.

 

SDIT Covered?

Yes. It shall be a discriminatory practice for a place of public accommodation, resort or amusement to deny. . . any person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person, accompanied by his guide dog or assistance dog, full and equal access to any place of public accommodation, resort or amusement.

C. G. S. A. § 46a-64

Accommodation Law

Any blind, deaf or mobility impaired person or any person training a dog as a guide dog may travel on a train or on any other mode of public transportation, and may enter any other place of public accommodation accompanied by his guide dog or assistance dog, provided such dog shall be in the direct custody of such person and shall be wearing a harness or an orange-colored leash and collar.

C. G. S. A. § 46a-44

It shall be a discriminatory practice in violation of this section to deny any blind, deaf or mobility impaired person, or any person training a dog as a guide dog, who is accompanied by his guide dog or assistance dog wearing a harness or an orange-colored leash and collar, full and equal access to any place of public accommodation, resort or amusement.

Violation is a class D misdemeanor.

C. G. S. A. § 46a-64

Harassment of/Interference with Service Dogs

Any person who intentionally interferes with a blind, deaf or mobility impaired person's use of a guide dog or an assistance dog, including, but not limited to, any action intended to harass or annoy the blind, deaf or mobility impaired person, the person training a dog as a guide dog or assistance dog or the guide dog or assistance dog, shall be guilty of a class C misdemeanor, provided the person complies with the applicable provisions of  this section.

C. G. S. A. § 46a-64

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 person, is wearing a harness or an orange-colored leash and collar which makes it readily-identifiable as a guide dog and is licensed in accordance with section 22-345.

Violation is an infraction.

If such dog attacks and injures the guide dog, such owner or keeper shall be liable, as provided in section 22-357, for any damage done to such guide dog, and such liability shall include liability for any costs incurred by such blind, deaf or mobility-impaired person for the veterinary care, rehabilitation or replacement of the injured guide dog and for reasonable attorney's fees.

C. G. S. A. § 22-364b

 

Licensing Law     

Any blind, deaf or mobility impaired person who is the owner or keeper of a dog which has been trained and educated to guide and assist such person in traveling upon the public streets or highways or otherwise shall receive a license and tag for such dog from the town clerk of the town where such dog is owned or kept at no fee.

C. G. S. A. § 22-345

 

 

Delaware

Definitions

Under Chapter 30F, Animal Welfare, “service dog” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

16 Del.C. § 3056F

Under Chapter 45 on Equal Accommodations, “service animal” means a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

6 Del.C. § 4502

SDIT Covered?

Yes. A place of public accommodation must permit an individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation.

6 Del.C. § 4504.

Accommodation Law

Under chapter on Commission for the Blind:

Any person who by reason of loss or impairment of eyesight or hearing is accompanied a “seeing eye dog,” is entitled to the full and equal accommodations and shall be entitled to take the dog into such conveyances and places.

Deprivation of this right results in a fine of not more than $100, or be imprisoned for a period not exceeding 3 months, or both.

31 Del.C. § 2117

Under chapter on Equal Accommodations:

A place of public accommodation must permit service animals as follows:

a. An individual with a disability accompanied by a service animal in any place of public accommodation.

b. An individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation.

6 Del.C. § 4504.

Section 4508 details the procedure for a complaint by an aggrieved person.

Harassment of/Interference with Service Dogs

No person shall intentionally interfere with the use of a service dog by obstructing, intimidating, or otherwise jeopardizing the safety of the user or animal. Whoever violates this subsection shall be guilty of a class B misdemeanor.

No person shall intentionally injure or disable a service dog that is being used by its owner or the officer teamed with the dog. Whoever violates this subsection shall be guilty of a class A misdemeanor.

No person shall intentionally kill a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class D felony

No person shall intentionally steal, take, or wrongfully obtain a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class E felony.

16 Del.C. § 3056F

Driving Law         

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 a person wholly or partially blind, accompanied by a guide dog, upon a roadway.

21 Del.C. § 4144

Licensing Law     

The license fee set by the Department shall not be required to be paid when the dog is one which qualifies as a seeing eye, lead, or guide dog or as a dog which has previously served in a branch of the United States armed forces. The Department shall issue either a metal license tag or an alternative method for identification for such dogs without the necessity of the payment of the dog license fee.

16 Del.C. § 3042F

 

D.C.

       

Florida

Definitions

“Service animal” means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work done or tasks performed must be directly related to the individual's disability and may include, but are not limited to, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects, alerting an individual to the presence of allergens, providing physical support and assistance with balance and stability to an individual with a mobility disability, helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks.

Specifically states: "A service animal is not a pet."

Service animal is also limited to a dog or a miniature horse.

West's F. S. A. § 413.08

 

SDIT Covered?

Yes. Any trainer of a service animal, while engaged in the training of such an animal, has the same rights and privileges with respect to access to public facilities and the same liability for damage as is provided for those persons described in subsection (3) accompanied by service animals.

West's F. S. A. § 413.08

Accommodation Law

An individual with a disability has the right to be accompanied by a service animal in all areas of a public accommodation that the public or customers are normally permitted to occupy.

  • The service animal must be under the control of its handler and must have a harness, leash, or other tether, unless either the handler is unable because of a disability
  • no documentation is required
  • a public accommodation  may ask if an animal is a service animal required because of a disability and what work or tasks the animal has been trained to perform.
  • can remove or exclude service animal if the animal is out of control and the animal's handler does not take effective action to control it, the animal is not housebroken, or the animal poses direct threat to the health and safety of others ("allergies and fear of animals are not valid reasons for denying access or refusing service to an individual with a service animal")

Denial or interference with these rights is misdemeanor of second degree and must perform 30 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months.

West's F. S. A. § 413.08

Harassment of/Interference with Service Dogs

Reckless interference with service dog:

A person who, with reckless disregard, interferes with, or permits a dog that he or she owns or is in the immediate control of to interfere with, the use of a service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the service animal or its user commits a misdemeanor of the second degree for the first offense and a misdemeanor of the first degree for each subsequent offense.

Reckless injuring or killing of service dog:

A person who, with reckless disregard, injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a misdemeanor of the first degree.

Intentionally killing service dog:

A person who intentionally injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a felony of the third degree.

A person who is convicted must make full restitution for all damages

West's F. S. A. § 413.081

 

Driving Law         

If mobility-impaired pedestrian is using a guide dog or service animal to cross a public street, driver must bring vehicle to a full stop and take precautions to avoid injuring pedestrian.

West's F. S. A. § 316.1303

 

 

Service Dog Fraud 

A person who knowingly and willfully misrepresents herself or himself, through conduct or verbal or written notice, as using a service animal and being qualified to use a service animal or as a trainer of a service animal commits a misdemeanor of the second degree and must perform 30 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months.

West's F. S. A. § 413.08

Georgia

Definitions

Under harassment of assistance dogs law:

"Assistance dog" means a dog that is or has been trained by a licensed or certified person, organization, or agency to perform physical tasks for a physically challenged person. Assistance dogs include guide or leader dogs that guide individuals who are legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to specific sounds; and service dogs for individuals with disabilities other than blindness or deafness, which are trained to perform a variety of physical tasks, including, but not limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or providing assistance in a medical crisis.

Ga. Code Ann., § 16-11-107.1

 

SDIT Covered?

Yes. Every person engaged in the training of a guide dog or service dog for the purpose of accompanying a person shall have the same right to be accompanied by such dog so long as such trainer is identified as an agent or employee of a school for seeing eye, hearing, service, or guide dogs.

Ga. Code Ann., § 30-4-2

Accommodation Law

Every totally or partially blind person shall have the right to be accompanied by a guide dog, and every physically disabled person and every deaf person shall have the right to be accompanied by a service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide or service dog.

The guide dog or service dog must be identified as having been trained by a school for seeing eye, hearing, service, or guide dogs.

Ga. Code Ann., § 30-4-2

Any person, firm, corporation, or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the facilities enumerated in this chapter or otherwise interferes with the rights of a totally or partially blind person, physically disabled person, or deaf person or person engaged in the training or raising of a guide dog or service dog as provided by this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00, imprisonment for not more than 30 days, or both.

Ga. Code Ann., § 30-4-4 

Harassment of/Interference with Service Dogs

Any person who knowingly and intentionally harasses or attempts to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor.

Punishable by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both.

Any person who knowingly and intentionally allows his or her dog to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor.

Punishable by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both (second violation punished as a misdemeanor of a high and aggravated nature).

Any person who knowingly and intentionally allows his or her dog to cause death or physical harm to an assistance dog by rendering a part of the assistance dog's body useless or by seriously disfiguring the assistance dog, knowing the dog to be an assistance dog, shall be punished as for a misdemeanor of a high and aggravated nature.

Ga. Code Ann., § 16-11-107.1

Driving Law         

The driver of every vehicle shall yield the right of way to any blind pedestrian who is accompanied by a guide dog.

Ga. Code Ann.§ 40-6-94

  

Hawaii

Definitions

Under Chapter 347:

As used in this chapter, “service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must relate directly to the individual's disability. Neither the potential crime deterrent effects of an animal's presence nor the provision of emotional support, comfort, or companionship by an animal constitutes work or tasks for the purposes of this definition.

H R S § 347-2.5

[Note that intentional interference with service dog law also adopts this new definition of service dog.]

 

 

 

Accommodation Law

Every person who is blind, deaf, visually handicapped, or otherwise disabled shall have the right to be accompanied by a service animal, especially trained for the purpose of assisting the person in any of the places listed in subsection (a) without being required to pay an extra charge for the service animal; provided that the person shall be liable for any damage done to the premises or facilities by the service animal. No service animal shall be considered dangerous merely because it is unmuzzled.

H R S § 347-13

Person injured by violation may bring a civil action to recover three times the person's actual damages or $1,000, whichever sum is greater, for each violation (also costs and attorney fees).

H R S § 347-13.5

Violation by person, business, agency, or any common or public carrier results in fine of not more than $1,000.

H R S § 347-14

 

Harassment of/Interference with Service Dogs

Causing injury or death:

A person commits the offense of causing injury or death to a service animal or law enforcement animal if:

(a) The person recklessly causes substantial bodily injury to or the death of any service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties; or

(b) The person is the owner of a dog and recklessly permits that dog to attack a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties, resulting in the substantial bodily injury or death of the service animal or law enforcement animal.

Any person who commits the offense of causing injury or death to a service animal or law enforcement animal shall be guilty of a class C felony with mandatory restitution.

H R S § 711-1109.4

Intentional interference:

A person commits the offense of intentional interference with the use of a service animal or law enforcement animal if the person, with no legal justification, intentionally or knowingly strikes, beats, kicks, cuts, stabs, shoots, or administers any type of harmful substance or poison to a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties.

Intentional interference with the use of a service animal or law enforcement animal is a misdemeanor with mandatory restitution.

H R S § 711-1109.5

Driving Law         

Any driver of a vehicle shall, on approaching a person who is blind or visually handicapped and using a guide dog, take such reasonable precautions before proceeding as may be necessary to avoid an accident or injury to the blind or visually handicapped person.

H R S § 347-17

Violation results in fine of not more than $100 or imprisoned not more than six months, or both.

H R S § 347-18

 

 

Service Dog Fraud:

It shall be unlawful for a person to knowingly misrepresent as a service animal any animal that does not meet the requirements of a service animal as defined in section 347-2.5.

Upon a finding of clear and convincing evidence, a person who violates subsection (a) shall be fined not less than $100 and not more than $250 for the first violation, and not less than $500 for a second violation and each violation thereafter.

H R S § 347-2.6

Idaho

Definitions

Under Chapter 7:

Dog-in-training” means a dog being specifically trained to develop social, environmental, and other skills needed for work with or to perform tasks for an individual with a disability. Dogs-in-training shall wear a jacket, collar, scarf, or other similar article identifying it as a dog-in-training.

“Service dog” means a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this chapter. The work or tasks performed by the service dog must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this chapter.

I.C. § 56-701A

SDIT Covered?

Yes

(1) Every individual with a disability who is specifically training or socializing a dog for the purpose of being a service dog shall have the right to be accompanied by the dog in any of the places described if the accompaniment is part of the dog's training or socialization to become a service dog.

(2) Every individual who is not an individual with a disability but who is specifically training or socializing a dog for the purpose of being a service dog shall have the privilege to be accompanied by the dog in any of the places described if the accompaniment is part of the dog's training or socialization to become a service dog. The individual accompanying the dog-in-training shall carry and upon request display an identification card issued by a recognized school for service dogs or training dogs or an organization that serves individuals with disabilities. The dog-in-training shall be visually identified as a dog-in-training as provided in section 56-701A.

I.C. § 56-704B

Accommodation Law

An individual with a disability shall not be denied the use of any common carrier or public transportation facility or admittance to any hotel, motel, cafe, elevator, housing for sale or rent, or any other place of public accommodation within the state of Idaho by reason of his being accompanied by a service dog. An individual with a disability shall be entitled to have a service dog with him in such places and while using such facilities without being required to pay any additional charges for his service dog, but shall be liable for any damage caused by his service dog.

Any person, firm, association, or corporation or agent of any person, firm, association, or corporation intentionally violating the provisions of this section shall be guilty of a misdemeanor.

I.C. § 18-5812A

An individual with a disability shall have the right to be accompanied by a service dog in any of the places described in section 56-703, Idaho Code, without being required to pay an extra charge for the service dog; provided that the individual shall be liable for any damage done to the premises or facilities by the service dog.

I.C. § 56-704

Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation, who denies or interferes with admittance to or enjoyment of the public facilities enumerated in this chapter or otherwise interferes with the rights of an individual with a disability under this chapter shall be guilty of a misdemeanor.

I.C. § 56-706

Harassment of/Interference with Service Dogs

Avoid accident/intentional inference with assistance dogs:

6 month imprisonment/$50 - 1,000 misdemeanor to approach on foot or in vehicle an individual appearing to be an individual with a disability or lawfully using an assistance device or service dog and:

  • intentionally fail to stop, change course, speak or take such other action to avoid any accident or injury to the individual with a disability, the assistance device or service dog; or
  • intentionally startle or frighten such person's service dog.

Any person who, without justification, intentionally interferes with the use of a service dog or an assistance device by obstructing, battering, or intimidating the user or the service dog is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, or by a fine of not less than $50.00 nor more than $1,500, or by both.

I.C. § 18-5811

Battery to disabled persons and assistance dogs:

  • misdemeanor to allow any animal to cause injury/death to assistance animal, service dog or dog-in-training
  • misdemeanor punishable of jail up to 1 year/fine of up to $5,000 or both to intentionally causes injury to or the death of any assistance dog or dog-in-training
  • in addition violator must make full restitution

I.C. § 18-5812

Driving Law         

Any person (pedestrian, operating a vehicle or otherwise) who approaches an individual appearing to be an individual with a disability or lawfully using an assistance device or a service dog, and who intentionally fails to stop, change course, speak, or take such other action as is necessary to avoid any accident or injury to the individual with a disability, the assistance device, or the service dog is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, or by a fine of not less than $50.00 nor more than $1,000 or by both.

I.C. § 18-5811

 

Service Dog Fraud 

Any person, not being an individual with a disability or being trained to assist individuals with disabilities, who uses an assistance device, an assistance animal, or a service dog in an attempt to gain treatment or benefits as an individual with a disability is guilty of a misdemeanor.

I.C. § 18-5811A

Illinois

Definitions

Under Humane Care for Animals Act:

“Service animal” means an animal trained in obedience and task skills to meet the needs of a person with a disability.

510 ILCS 70/2.01c

Under Assistance Animal Damages Act:

“Guide dog” means a dog that is trained to lead or guide a blind person.

"Hearing ear dog” means a dog that is trained to assist a deaf person.

“Assistance animal” means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:

  • guide dogs;
  • hearing ear dogs;
  • an animal trained to pull a wheelchair;
  • an animal trained to fetch dropped items; and
  • an animal trained to perform balance work.

740 I.L.C.S. 13/5

Under Article 48. Animals

For the purposes of this Section, “service animal” means a dog or miniature horse trained or being trained as a hearing animal, a guide animal, an assistance animal, a seizure alert animal, a mobility animal, a psychiatric service animal, an autism service animal, or an animal trained for any other physical, mental, or intellectual disability. “Service animal” includes a miniature horse that a public place of accommodation shall make reasonable accommodation so long as the public place of accommodation takes into consideration: (1) the type, size, and weight of the miniature horse and whether the facility can accommodate its features; (2) whether the handler has sufficient control of the miniature horse; (3) whether the miniature horse is housebroken; and (4) whether the miniature horse's presence in the facility compromises legitimate safety requirements necessary for operation.

720 ILCS 5/48-8

Under Act 60, Pedestrians with Disabilities Safety Act:

“Service animal” means a service animal as defined by the Code of Federal Regulations (28 CFR 36.104).

625 I.L.C.S. 60/5

SDIT Covered?

Yes. Every trainer of support dogs, guide dogs, seizure-alert dogs, seizure-response dogs, or hearing dogs shall have the right to be accompanied by a dog that is being trained to be a support dog, guide dog, seizure-alert dog, seizure-response dog, or hearing dog, in any of the places listed in this Section without being required to pay an extra charge provided that he shall be liable for any damage done to the premises or facilities by such dog.

775 I.L.C.S. 30/3

Accommodation Law

Public accommodation law/"White Cane Law":

Every totally or partially blind or hearing impaired person, person who is subject to epilepsy or other seizure disorders, or person who has any other physical disability or a trainer of support dogs, guide dogs, seizure-alert dogs, seizure-response dogs, or hearing dogs shall have the right to be accompanied by a support dog or guide dog especially trained for the purpose, or a dog that is being trained to be a support dog, guide dog, seizure-alert dog, seizure-response dog, or hearing dog, in any of the places listed in this Section without being required to pay an extra charge for the guide, support, seizure-alert, seizure-response, or hearing dog; provided that he shall be liable for any damage done to the premises or facilities by such dog.

775 I.L.C.S. 30/3

Violation is a Class A misdemeanor.

775 I.L.C.S. 30/4

Also criminal violation under Article 48 on Animals:

When a person with a physical, mental, or intellectual disability requiring the use of a service animal is accompanied by a service animal or when a trainer of a service animal is accompanied by a service animal, neither the person nor the service animal shall be denied the right of entry and use of facilities of any public place of accommodation as defined in Section 5-101 of the Illinois Human Rights Act.

Violation is a Class C misdemeanor.

720 ILCS 5/48-8

Harassment of/Interference with Service Dogs

70/4.04. Injuring or killing service animals:

Unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison, or kill any service animal.

Class 4 felony if the animal is not killed or totally disabled.

Class 3 felony if the animal is killed or totally disabled.

510 ILCS 70/4.04

§ 7.15. Guide, hearing, and support dogs:

A person may not willfully and maliciously annoy, taunt, tease, harass, torment, beat, or strike a guide, hearing, or support dog or otherwise engage in any conduct directed toward a guide, hearing, or support dog that is likely to impede or interfere with the dog's performance of its duties.

(b) A person may not willfully and maliciously torture, injure, or kill a guide, hearing, or support dog.

(c) A person may not willfully and maliciously permit a dog that is owned, harbored, or controlled by the person to cause injury to or the death of a guide, hearing, or support dog while the guide, hearing, or support dog is in discharge of its duties.

Violation is a Class A misdemeanor.

A second or subsequent violation is a Class 4 felony.

A person convicted of violating subsection (b) or (c) of this Section is guilty of a Class 4 felony if the dog is killed or totally disabled, and may be ordered by the court to make restitution to the disabled person.

510 ILCS 70/7.15

Under Assistance Animal Damages Act:

May bring an action for economic and noneconomic damages

If action causes death or if injuries sustained prevent the animal from returning to service, the measure of economic damages include:

  • veterinary medical expenses
  • replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal
  • costs of temporary replacement assistance services, whether provided by another assistance animal or a person

If animal returns to service, damages include:

  • veterinary medical expenses
  • costs of temporary replacement assistance services, whether provided by another assistance animal or a person
  • any other costs and expenses incurred by the physically impaired person or owner as a result of the theft of or injury to the animal

740 I.L.C.S. 13/10

Driving Law         

An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian with a disability who is accompanied by a visibly identifiable service animal.

Must take all precautions that may be necessary to avoid an accident or injury to the pedestrian with a disability.

Any vehicle operator who fails to take such precautions shall be liable for damages for any injury caused to the pedestrian with a disability.

625 I.L.C.S. 60/15

 

  

Indiana

Definitions

Under public accommodations law:

“Service animal” refers to an animal trained as:

  1. a hearing animal;
  2. a guide animal;
  3. an assistance animal;
  4. a seizure alert animal;
  5. a mobility animal;
  6. a psychiatric service animal; or
  7. an autism service animal.

I.C. 16-32-3-1.5

Under Interference/mistreatment of service animal law:

"Service animal" means an animal that a person who is impaired by:

  1. blindness or any other visual impairment;
  2. deafness or any other aural impairment;
  3. a physical disability; or
  4. a medical condition;

relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person's medical condition.

I.C. 35-46-3-11.5

SDIT Covered?

Yes.  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.

I.C. 16-32-3-2

Accommodation Law

Place of public accommodation commits Class C infraction if:

  • refuses access to a public accommodation
  • charges a fee for access to a public accommodation

to person using service dog/service animal trainer

I.C. 16-32-3-2

 

 

Harassment of/Interference with Service Dogs

A person who knowingly or intentionally:

  • interferes with the actions of a service animal; or
  • strikes, torments, injures, or otherwise mistreats a service animal;

while the service animal is engaged in assisting an impaired person commits a Class A misdemeanor.

Level 6 felony if the act results in the serious permanent disfigurement; unconsciousness; permanent or protracted loss or impairment of the function of a bodily member or organ; or death of the service animal.

I.C. 35-46-3-11.5

 

Driving Law         

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.

I.C. 9-21-17-21

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.

I.C. 16-32-3-3

  

Iowa

Definitions

Under equal accommodation law:

“Service animal” means a dog or miniature horse as set forth in the implementing regulations of Tit. II and Tit. III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.

“Service-animal-in-training” means a dog or miniature horse that is undergoing a course of development and training to do work or perform tasks for the benefit of an individual that directly relate to the disability of the individual.

[New section I. C. A. § 216C.1 effective 5/2/2019]

 

SDIT Covered?

Yes. A person with a disability, a person assisting a person with a disability by controlling a service animal or a service-animal-in-training, or a person training a service animal has the right to be accompanied by a service animal or service-animal-in-training, under control, in any of the places listed in sections 216C.3 and 216C.4 without being required to make additional payment for the service animal or service-animal-in-training.

A person who knowingly denies or interferes with the right of a person under this section is, upon conviction, guilty of a simple misdemeanor.

[Amended I. C. A. § 216C.11 effective 5/2/2019]

Accommodation Law

A person with a disability, a person assisting a person with a disability by controlling a service animal or a service-animal-in-training, or a person training a service animal has the right to be accompanied by a service animal or service-animal-in-training, under control, in any of the places listed in sections 216C.3 and 216C.4 without being required to make additional payment for the service animal or service-animal-in-training.

A person who knowingly denies or interferes with the right of a person under this section is, upon conviction, guilty of a simple misdemeanor.

[Amended I. C. A. § 216C.11 effective 5/2/2019]

Every blind or partially blind person shall have the right to be accompanied by a guide dog.

I. C. A. § 216C.5

A deaf or hard-of-hearing person has the right to be accompanied by a hearing dog, under control and especially trained to assist the deaf or hard-of-hearing by responding to sound.

A person who denies or interferes with the right of a deaf or hard-of-hearing person under this section is, upon conviction, guilty of a simple misdemeanor.

I. C. A. § 216C.10

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.

I. C. A. § 216C.7

 

Driving Law         

Any driver of a vehicle or operator of a motor-driven vehicle who approaches a person wholly or partially blind carrying a cane or being led by a guide dog wearing a harness shall immediately come to a complete stop, and take such precautions as may be necessary.

I. C. A. § 321.333

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.

I. C. A. § 216C.6

 

Service Dog Fraud:

A person who intentionally misrepresents an animal as a service animal or a service-animal-in-training is, upon conviction, guilty of a simple misdemeanor.

A person commits the offense of intentional misrepresentation of an animal as a service animal or a service-animal-in-training if all of the following elements are established:

(1) For the purpose of obtaining any of the rights or privileges set forth in state or federal law, the person intentionally misrepresents an animal in one's possession as one's service animal or service-animal-in-training or a person with a disability's service animal or service-animal-in-training whom the person is assisting by controlling.

(2) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent an animal as a service animal or a service-animal-in-training.

(3) The person knows that the animal in question is not a service animal or a service-animal-in-training.

[Amended I. C. A. § 216C.11 effective 5/2/2019]

 

Kansas

Definitions

"Assistance dog" means any guide dog, hearing assistance dog or service dog.

"Guide dog" means a dog which has been specially selected, trained and tested for the purpose of guiding a person who is legally blind.

"Hearing assistance dog" means a dog which is specially selected, trained and tested to alert or warn individuals who are deaf or hard of hearing to specific sounds.
 
"Professional therapy dog" means a dog which is selected, trained and tested to provide specific physical or therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team, and as a part of the handler's occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community based group settings, or when providing services to specific persons who have disabilities.
 
"Professional therapy dog" does not include dogs, certified or not, which are used by volunteers for pet visitation therapy.

"Service dog" means a dog which has been specially selected, trained and tested to perform a variety of tasks for persons with disabilities. These tasks include, but are not limited to: Pulling wheelchairs, lending balance support, picking up dropped objects or providing assistance in, or to avoid, a medical crisis, or to otherwise mitigate the effects of a disability.
 
The presence of a dog for comfort, protection or personal defense does not qualify a dog as being trained to mitigate an individual's disability and therefor does not qualify the dog as an assistance dog covered under the provisions of this act.

K. S. A. 39-1113

(Procedure for verification of person's right to be accompanied by assistance dog or professional therapy dog set forth in K.S.A. 39-1111).

SDIT Covered?

Yes. Any professional trainer, from a recognized training center, of an assistance dog, while engaged in the training of such dog, shall have the right to be accompanied by such dog.

K. S. A. 39-1109

Accommodation Law

Every legally blind person shall have the right to be accompanied by a guide dog, specially selected, trained and tested for the purpose.

K. S. A. 39-1102

Every hearing impaired person has the right to be accompanied by a hearing assistance dog, specially selected, trained and tested for the purpose of hearing assistance.

K. S. A. 39-1107

Every person with a disability shall have the right to be accompanied by a service dog, specially selected, trained and tested for the purpose which shall include, but not be limited to, pulling a wheelchair, opening doors and picking up objects.

K. S. A. 39-1108

Any qualified handler of a professional therapy dog when accompanied by such dog and when using any conveyance of public transportation available to all members of the general public, and when renting and using accommodations in motels, hotels and other temporary lodging places shall have the right to be accompanied by such dog in such places.

K. S. A. 39-1110

Any person, firm, corporation, or the agent of any person, firm or corporation, who denies or interferes with the exercise of the rights recognized in K.S.A. 39-1101, 39-1102, 39-1107, 39-1108 or 39-1109, and amendments thereto, is guilty of a misdemeanor.

K. S. A. 39-1103 

Harassment of/Interference with Service Dogs

Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog or search and rescue dog is a nonperson felony.

Penalty of not less than 30 days or more than one year's imprisonment and be fined not less than $500 nor more than $5,000. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence.

K. S. A. 21-6416

 

Driving Law

The driver of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.

K.S.A. 8-1542

 

Service Dog Fraud 

It is a class A nonperson misdemeanor for any person to:

  • represent that such person has the right to be accompanied by an assistance dog or that such person has a right to be accompanied by a professional therapy dog
  • represent that such person has a disability for the purpose of acquiring an assistance dog unless such person has such disability.

K. S. A. 39-1112

Kentucky

Definitions

"Service animal" includes a:

"Bomb detection dog," which means a dog that is trained to locate bombs or explosives by scent;

"Narcotic detection dog," which means a dog that is trained to locate narcotics by scent;

"Patrol dog," which means a dog that is trained to protect a peace officer and to apprehend a person;

"Tracking dog," which means a dog that is trained to track and find a missing person, escaped inmate, or fleeing felon;

"Search and rescue dog," which means a dog that is trained to locate lost or missing persons, victims of natural or man-made disasters, and human bodies;

"Accelerant detection dog," which means a dog that is trained for accelerant detection, commonly referred to as arson canines;

"Cadaver dog," which means a dog that is trained to find human remains;

"Assistance dog," which means any dog that is trained to meet the requirements of KRS 258.500;

Any dog that is trained in more than one (1) of the disciplines specified.

KRS § 258.010

SDIT Covered?

Yes. "Person" also includes a trainer of an assistance dog (for purposes of equal accommodation law).

KRS § 258.500

 

Accommodation Law

If a person is accompanied by an assistance dog, neither the person nor the dog shall be denied:

  • admittance to/full and equal accommodations, facilities, and privileges of all public places of amusement, theater, or resort when accompanied by an assistance dog
  • full and equal accommodations on all public transportation, if the dog does not occupy a seat in any public conveyance, nor endanger the public safety
  • use of any public building, nor denied the use of any elevator operated for public use
  • any person accompanied by an assistance dog may keep the dog in his immediate custody while a tenant in any apartment, or building used as a public lodging

KRS § 258.500

Violation results in fine of not less than $250 to no more than $1,000, or by imprisonment in the county jail for not less than 10 nor more than 30 days, or both.

KRS § 258.991

Harassment of/Interference with Service Dogs

1. Assault on a service animal in the first degree

  • Intentionally and without legal justification or lawful authority kills or causes physical injury to a service animal to the extent that a service animal becomes physically incapable of ever returning to service.
  • Class D felony

KRS § 525.200

2. Assault on a service animal in the second degree

  • Intentionally and without legal justification or lawful authority causes physical injury to a service animal.
  • Class B misdemeanor

KRS § 525.205

KRS 525.200 and 525.205 shall apply whether or not the service animal is on duty or off duty.

KRS § 525.210

Defendant may be ordered to make restitution to the person or agency owning the animal for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the animal handler for the period of time his services are lost to the agency or self-employment.

KRS § 525.215

Driving Law         

The operator of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by an assistance dog.

KRS § 189.575

 

Licensing Law     

Assistance dogs are exempt from all state and local licensing fees.

Licensing authorities shall accept that the dog for which the license is sought is an assistance dog if the person requesting the license is a person with a disability or the trainer of the dog.

KRS § 258.500

 

Louisiana

Definitions

(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.

LSA-R.S. 46:1952

SDIT Covered?

Yes. “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. 

LSA-R.S. 46:1952

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.

LSA-R.S. 46:1955

Accommodation Law

Every person with a disability may be accompanied by an assistance dog, especially trained to aid such person, in places like common carriers, educational institutions, lodging places, restaurants, etc. without being required to pay an extra charge for such dog.

LSA-R.S. 46:1953

Denial or interference with full and equal accommodations results in fine of not less than $100 nor more than $500 or imprisoned for not more than six months, or both.

LSA-R.S. 46:1956

 

Harassment of/Interference with Service Dogs

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.

LSA-R.S. 46:1956

 

Driving Law         

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.

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.

LSA-R.S. 46:1957

Licensing Law    

Service dogs shall be exempt from any state or local license fee.

LSA-R.S. 46:1958

 

Maine

Definitions

Under White Cane Law:

Service dog; definition. As used in this section, “service dog” means a dog that meets the definition of “service animal” in Title 5, section 4553, subsection 9-E.

17 M. R. S. A. § 1312

Under Human Rights Law:

9-E. Service animal. “Service animal” means:

For the purposes of subchapter 5, a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of such work or tasks include, but are not limited to, assisting an individual who is totally or partially blind with navigation and other tasks, alerting an individual who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items such as medicine or a telephone, providing physical support and assistance with balance and stability to an individual with a mobility disability and helping a person with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition.

5 M. R. S. A. § 4553

Note that § 3961-A, (attack on service dog law) adopts this definition.

SDIT Covered?

Yes. Under White Cane Law:

An especially trained service dog trainer, while engaged in the actual training process and activities of service dogs, has the same rights, privileges and responsibilities described in this section with respect to access to and use of public facilities as are applicable to a blind, visually handicapped or otherwise physically or mentally disabled person.

17 M. R. S. A. § 1312

Accommodation Law

Under White Cane Law:

Every totally or partially blind or otherwise physically or mentally disabled person has the right to be accompanied by a service dog, especially trained for the purpose, in any of the places listed in subsection 2 without being required to pay an extra charge for the service dog; however, the person is liable for any damage done to the premises or facilities by such a dog.

17 M. R. S. A. § 1312

Violation by denial or interference with rights is a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

17 M. R. S. A. § 1314

 

Harassment of/Interference with Service Dogs

A person who owns or keeps a dog that attacks, injures or kills a service animal or assistance animal while the service animal or assistance animal is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged.

When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service animal or assistance animal for any veterinary bills and necessary retraining costs or replacement costs of the service animal or assistance animal if it is disabled or killed.

7 M.R.S.A. §3961-A

Driving Law         

The driver of a vehicle approaching a totally or partially blind or otherwise physically disabled pedestrian who is using a service dog, shall take all necessary precautions to avoid injury; any driver who fails to take such precautions is liable in damages for any injury caused the pedestrian.

17 M. R. S. A. § 1313

The driver of a vehicle approaching a deaf or hard-of-hearing person using a properly identified guide dog shall take all necessary precautions to avoid injury to that person and the guide dog. A driver who fails to take such precautions is liable in damages for any injury caused to that person or dog.

26 M. R. S. A. § 1420-B

 

Licensing Law    

If a service dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk may not register the dog nor issue to its owner or keeper a license and tag that identifies the dog as a service dog unless the applicant presents written evidence to the municipal clerk that the dog meets the definition of “service dog.” For the purpose of this subsection “written evidence” means a service dog certification form approved by the department in consultation with the Maine Human Rights Commission.

7 M.R.S.A. §3922

A municipal clerk or a dog licensing agent shall issue a license upon application and without payment of a license fee required under this section for a service dog owned or kept by a person with a physical or mental disability.

7 M.R.S.A. §3923-A

Service Dog Fraud 

A person who knowingly misrepresents as a service animal any animal that does not meet the definition of “service animal,” as defined in Title 5, section 4553, subsection 9-E, commits a civil violation.

For a civil violation under this section a fine of not more than $1,000 for each occurrence may be adjudged.

17 M. R. S. A. § 1314-A

 

 

Maryland

Definitions

Under Title 7. Individuals with Disabilities:

"Service animal" means a guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including:

  1. guiding individuals with impaired vision;
  2. alerting individuals with impaired hearing to an intruder or sounds;
  3. providing minimal protection or rescue work;
  4. pulling a wheelchair;
  5. fetching dropped items; or
  6. detecting the onset of a seizure.

MD Code, Human Services, § 7-701

Under Regulation of Animals:

In this section, “service dog” means a dog that is professionally trained to aid individuals who are:

(1) blind or visually impaired;

(2) deaf or hard of hearing; or

(3) mobility impaired.

MD Code, Local Government, § 13-104

SDIT Covered?

Yes.

“Service animal trainer” means a person who trains or raises service animals for individuals with disabilities, whether the person is a professional or volunteer.

Service animal trainers who are accompanied by an animal being trained or raised as a service animal are entitled to full and equal rights and privileges with respect to common carriers and other public conveyances or modes of transportation, places of public accommodations, and other places to which the general public is invited, subject only to any conditions and limitations of general application established by law.

MD Code, Human Services, § 7-704

Accommodation Law

The following individuals have all the same rights and privileges conferred by law on other individuals:

(1) a blind or visually impaired pedestrian using a service animal and not carrying a cane predominantly white or metallic in color, with or without a red tip;

(2) an individual with a disability and a parent of a minor child with a disability using a service animal not wearing an orange license tag or orange collar and on a leash;

(3) an individual with a disability and a parent of a minor child with a disability using a service animal in a place, accommodation, or conveyance listed in § 7-704(b) of this subtitle; and

(4) a service animal trainer who is accompanied by an animal that is being trained as a service animal.

MD Code, Human Services, § 7-705

Section § 7-704 lists those rights of individuals with disabilities as:

  • public places
  • public accommodations and conveyances; and
  • housing accommodations.

Penalty:

A person may not deny or interfere with the admittance of a service animal that accompanies an individual with a disability or a parent of a minor child with a disability in violation of this section.

A person who violates this is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each offense.

A person may not deny or interfere with the admittance of an animal being trained as a service animal that accompanies a service animal trainer.

Subject to other parts of the law, a person who violates this is subject to a fine not exceeding $25 for each offense.

MD Code, Human Services, § 7-705

 

Driving Law         

The driver of a vehicle shall yield the right-of-way to a deaf or hearing impaired pedestrian accompanied by a guide dog.

MD Code, Transportation, § 21-511

 

 

 

Licensing Law    

If an application meets certain requirements and the local licensing agency is satisfied that the dog for which a license is sought is a service dog and is actually in use as a service dog: the dog owner is not required to pay a fee for issuance of the license; and the local licensing agency shall inscribe across the face of the license in red ink the words “service dog"

MD Code, Local Government, § 13-104

 

Massachusetts

Definitions

“Hearing dog”, a dog that has completed a program of professional training to aid deaf and hearing impaired individuals whenever such dog is professionally trained by a person engaged in the hearing dog business to aid the deaf and actually being used for such purpose, or a dog owned by a person engaged in the hearing dog business within the commonwealth during the period such dog is being trained or bred for such purpose.

M.G.L.A. 129 § 1

SDIT Covered?

Yes. A person accompanied by and engaged in the raising or training of a service dog, including a hearing, guide or assistance dog, shall have the same rights, privileges and responsibilities as those afforded to an individual with a disability under the Americans with Disabilities Act, 42 U.S.C. sections 12101 et seq.

M.G.L.A. 129 § 39F

Also, a person engaged in the hearing dog business, while actually engaged in the training process and activities of hearing dogs, shall have the same rights, privileges and responsibilities with respect to access to public facilities as those applicable to deaf persons.

M.G.L.A. 129 § 39D

Accommodation 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.

Violation results in a fine of not more $300 and civil damages as described in the law.

M.G.L.A. 272 § 98A

Harassment of/Interference with Service Dogs

A physically impaired person who uses an assistance animal or the owner of the assistance animal, may bring an action for economic and non-economic damages against a person who steals or attacks the assistance animal, or whose non-assistance animal attacks an assistance animal.

If the theft or attack of an assistance animal results in the death of the animal; the animal is not returned; or if injuries sustained prevent the assistance animal from returning to service, the measure of economic damages shall include:

  • veterinary medical expenses
  • replacement cost of an equally trained assistance animal, without any differentiation for the age or the experience of the animal

A cause of action shall not arise under this section if the physically impaired individual, owner or the individual having custody or supervision of the assistance animal was engaged in the commission of a crime at the time of injury sustained by the assistance animal.

M.G.L.A. 272 § 85B

 

Driving Law         

Driver must bring vehicle to full stop and take necessary precautions whenever a totally or partially blind pedestrian, guided by a guide dog crosses or attempts to cross a way.

A person who owns an animal shall restrain and control such animal on a leash when in proximity to a guide dog that is on a public or private way.

Whoever violates any provision of this section shall be punished by a fine of no less than $100 nor more than $500.

M.G.L.A. 90 § 14A

Licensing Law    

No fee shall be charged for a license issued under this section for a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder.

M.G.L.A. 140 § 139

 

Michigan

Definitions

“Service animal” means all of the following:

(i) That term as defined in 28 CFR 36.104.

(ii) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability.

MCL 752.61

(Same definition for accommodation law, MCL 750.502c)

(Same definition for Chapter 37, Civil Rights, Identification and Patches for Service Animal, M.C.L.A. 37.301)

 

 

Accommodation Law

A public accommodation shall modify its policies, practices, and procedures to permit the use of a service animal by a person with a disability.

If the service animal is a miniature horse, a public accommodation may use listed assessment factors to determine whether the miniature horse can be accommodated in its facility.

Michigan law incorporates the federal test for assessment of a service animal. Staff may only ask:

  • Whether the service animal is required because of a disability.
  • What work or task the service animal has been trained to perform.

Staff may not require documentation or ask the above questions if it is "readily apparent that the service animal is trained to do work or perform tasks for an individual with a disability."

A public accommodation that violates the relevant subsections of the law is guilty of a misdemeanor.

MCL 750.502c

Harassment of/Interference with Service Dogs

An individual shall not do either of the following:

  • Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.
  • Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.

An individual who violates this is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

MCL 750.50a

 

Driving Law         

A driver of a vehicle shall not approach a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian using a dog guide or walker. If driver fails to take precautions, liable in damages to blind pedestrian. Can also face investigation by peace officer for violation and possible referral to prosecuting attorney.

MCL 752.52

 

Licensing Law 

Notwithstanding any law or ordinance to the contrary, a service animal is not subject to any fee for licensing if either of the following applies:

  • The service animal is used by a person with a disability.
  • The service animal is owned by a partnership, corporation, or other legal entity that trains service animals for use by a person with a disability.

MCL 287.291

Service Dog Fraud 

A person shall not falsely represent that he or she is in possession of a service animal, or a service animal in training, in any public place.

Violation is a misdemeanor punishable by 1 or more of the following:

  • imprisonment for not more than 90 days
  • a fine of not more than $500.00
  • community service for not more than 30 days

MCL 752.61 - 63

A new law allows people to report violations by telephone to the Dept. of Civil Rights who may then refer to local law enforcement. MCL 752.64

 

Minnesota

Definitions

Under Chapter 363A, Minnesota Human Rights Act:

“Service animal” means a service animal as defined by the federal Americans with Disabilities Act, as amended.

M.S.A. § 363A.19

Under cruelty chapter that deals with harm to service animal:

"Service animal" means an animal trained to assist a person with a disability.

M. S. A. § 343.20

Under 609.226, Harm caused by dog:

“Service animal” means an animal individually trained or being trained to do work or perform tasks for the benefit of an individual with a disability.

M. S. A. § 609.226

Under 609.833, Misrepresentation of service animal:

“Service animal” has the meaning given in Code of Federal Regulations, title 28, section 36.104, as amended through March 1, 2018.

M.S.A. § 609.833

SDIT Covered?

Yes. Every person . . . training a dog to be a service dog shall have the right to be accompanied by a service dog in any of the places listed in section 363A.19. The person shall be liable for any damage done to the premises or facilities by such dog.

Accommodation Law

It is an unfair discriminatory practice for an owner, operator, or manager of a hotel, restaurant, public conveyance, or other public place to prohibit a blind or deaf person or a person with a physical or sensory disability from taking a service animal into the public place or conveyance to aid blind or deaf persons or persons with physical or sensory disabilities, and if the service animal is properly harnessed or leashed so that the blind or deaf person or a person with a physical or sensory disability may maintain control of the service animal.

M. S. A. § 363A.19

Every person who is totally or partially blind, or person who is deaf, or person with a physical disability, or any person training a dog to be a service dog shall have the right to be accompanied by a service dog in any of the places listed in section 363A.19. The person shall be liable for any damage done to the premises or facilities by such dog. The service dog must be capable of being properly identified as from a recognized school for seeing eye, hearing ear, service, or guide dogs.

M. S. A. § 256C.02

Harassment of/Interference with Service Dogs

Harm by person:

No person shall intentionally and without justification do either of the following to a service animal while it is providing service or while it is in the custody of the person it serves:

  1. cause bodily harm to the animal; or
  2. otherwise render the animal unable to perform its duties.

Penalty:

  • where the violation renders the service animal unable to perform its duties is guilty of a gross misdemeanor.
  • where the violation results in substantial bodily harm to a service animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

Mandatory restitution including the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual.

 M. S. A. § 343.21

Harm by other dog:

A person who negligently or intentionally (1) permits the person's dog to run uncontrolled off the person's premises, or (2) fails to keep the person's dog properly confined or controlled; and as a result the dog causes bodily harm to a service animal or otherwise renders a service animal unable to perform its duties, is guilty of a misdemeanor.

The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. 

M. S. A. § 609.226

Driving Law         

Any person operating a motor vehicle shall bring such motor vehicle to a stop and give the right-of-way to a blind pedestrian using a guide dog.

M. S. A. § 169.202

 

 

Service Dog Fraud:

A person may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that person's possession as a service animal in any place of public accommodation to obtain any rights or privileges available to a person who qualifies for a service animal under state or federal law knowing that the person is not entitled to those rights or privileges.

A person who violates subdivision 2 is guilty of a petty misdemeanor except for a person who violates subdivision 2 a second or subsequent time is guilty of a misdemeanor.

M. S. A. § 609.833

Mississippi

Definitions

“Support animal” means an animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work done or task performed must be directly related to the individual's disability and may include, but not be limited to:

(i) Guiding individuals who are visually impaired or blind;

(ii) Alerting individuals who are hearing impaired or deaf to an intruder or sounds;

(iii) Providing minimal protection or rescue work;

(iv) Pulling a wheelchair;

(v) Fetching dropped items;

(vi) Detecting the onset of a seizure, and alerting and protecting individuals having a seizure;

(vii) Retrieving objects;

(viii) Alerting an individual to the presence of allergens;

(ix) Providing physical support and assistance with balance and stability to an individual with a mobility disability;

(x) Helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors;

(xi) Reminding an individual with mental illness to take prescribed medication;

(xii) Calming an individual with post traumatic stress disorder during an anxiety attack; or

(xiii) Doing other specific work or performing other special tasks.

The term “support animal” includes service animals, guide animals, seeing-eye animals, hearing-ear animals, therapeutic animals, comfort animals and facility animals. However, the term “support animal” does not mean an animal considered a pet, and is limited to a dog or miniature horse.

Miss. Code Ann. § 43-6-153 

SDIT Covered?

Yes. Support animal trainers shall have the same rights of accommodations, advantages, facilities and privileges with support animals-in-training as those provided to blind persons, mobility impaired persons, hearing impaired persons or veterans diagnosed with PTSD with support animals under this section.

Miss. Code Ann. § 43-6-155

“Support animal trainer” means a person who trains or raises support animals for individuals with disabilities, whether the person is a professional trainer, or serving as a volunteer with a professional trainer.

Miss. Code Ann. § 43-6-153

Accommodation Law

Under Chapter 6 - Rights and Liabilities of Blind and Other Handicapped Persons:

Every totally or partially blind person and every deaf person shall have the right to be accompanied by a guide dog or hearing ear dog on a blaze orange leash, especially trained for the purpose.

Miss. Code Ann. § 43-6-7

Violation of act results in fine not exceeding $100.00 or by imprisonment in the county jail not exceeding 60 days, or by both such fine and imprisonment.

Miss. Code Ann. § 43-6-11

Under Mississippi Support Animal Act:

Any blind person, mobility impaired person, armed services veteran diagnosed with PTSD or hearing impaired person who uses a support animal specifically trained as a guide, leader, listener or for any other necessary assistance in day-to-day activities shall be entitled to the full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels, lodging places, businesses open to the public for the sale of any goods or services and all places of public accommodation, amusement, or resort and other places to which the general public is invited, and may take the support animal into conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied . . .

Miss. Code Ann. § 43-6-155

Harassment of/Interference with Service Dogs

An individual shall not do either of the following to a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, a service dog for a physically limited individual, or a support dog for a mobility impaired person:

  • Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass or injure
  • Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed

Violation is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.

Miss. Code Ann. § 97-41-21

Driving Law         

Whenever a pedestrian is crossing or attempting to cross a public street or highway, at or near an intersection or crosswalk, guided by a guide dog . . . the driver of every vehicle approaching in said 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 said vehicle to a full stop. 

Violation incurs a fine of not more than $25.00 or by imprisonment in the county jail for not more than 10 days.

Miss. Code Ann. § 63-3-1111

  

Missouri

Definitions

Under Chapter 209, equal access law:

As used in sections 209.150 to 209.190, the term "service dog" means any dog specifically trained to assist a person with a physical or mental disability by performing necessary tasks or doing work which the person cannot perform. Such tasks shall include, but not be limited to, pulling a wheelchair, retrieving items, carrying supplies, and search and rescue of an individual with a disability.

V. A. M. S. 209.150

Under harm to service dogs provision:

"Service dog", a dog that is being or has been specially trained to do work or perform tasks which benefit a particular person with a disability.

Service dog includes, but is not limited to:

"Guide dog", a dog that is being or has been specially trained to assist a particular blind or visually impaired person;

"Hearing dog", a dog that is being or has been specially trained to assist a particular deaf or hearing-impaired person;

"Medical alert or respond dog", a dog that is being or has been trained to alert a person with a disability that a particular medical event is about to occur or to respond to a medical event that has occurred;

"Mobility dog", a dog that is being or has been specially trained to assist a person with a disability caused by physical impairments.

(e) “Professional therapy dog”, a dog which is selected, trained, and tested to provide specific physical therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team as a part of the handler's occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community-based group settings, or when providing services to specific persons who have disabilities. Professional therapy dogs do not include dogs, certified or not, which are used by volunteers in visitation therapy;

(f) “Search and rescue dog”, a dog that is being or has been trained to search for or prevent a person with a mental disability, including but not limited to verbal and nonverbal autism, from becoming lost;

(3) “Service dog team”, a team consisting of a trained service dog, a disabled person or child, and a person who is an adult and who has been trained to handle the service dog.

V. A. M. S. 209.200

SDIT Covered?

Yes. Not to exceed the provisions of the Americans With Disabilities Act, any trainer, from a recognized training center, of a guide dog, hearing assistance dog or service dog, or any member of a service dog team, as defined in section 209.200, shall have the right to be accompanied by such dog in or upon any of the premises listed in section 209.150 while engaged in the training of the dog without being required to pay an extra charge for such dog. Such trainer or service dog team member shall be liable for any damage done to the premise of facilities by such dog.

V. A. M. S. 209.152

Accommodation Law

Every person with a visual, aural or other disability including diabetes shall have the right to be accompanied by a guide dog, hearing dog, or service dog, which is especially trained for the purpose, in any of the places listed in subsection 2 of this section without being required to pay an extra charge for the guide dog, hearing dog or service dog; provided that such person shall be liable for any damage done to the premises or facilities by such dog.

V. A. M. S. 209.150

Violation is a class B misdemeanor.

V. A. M. S. 209.160

 

Harassment of/Interference with Service Dogs

Any person who knowingly, intentionally, or recklessly causes substantial physical injury to or the death of a service dog is guilty of a class A misdemeanor.

Any person who knowingly or intentionally fails to exercise sufficient control over an animal such person owns, keeps, harbors, or exercises control over to prevent the animal from causing the substantial physical injury to or death of a service dog, or the subsequent inability to function as a service dog as a result of the animal's attacking, chasing, or harassing the service dog is guilty of a class A misdemeanor.

Any person who harasses or chases a dog known to such person to be a service dog is guilty of a class B misdemeanor.

Any person who owns, keeps, harbors, or exercises control over an animal and who knowingly or intentionally fails to exercise sufficient control over the animal to prevent such animal from chasing or harassing a service dog while such dog is carrying out the dog's function as a service dog, to the extent that the animal temporarily interferes with the service dog's ability to carry out the dog's function is guilty of a class B misdemeanor.

Can also recover civil damages.

V. A. M. S. 209.202 

Driving Law         

The driver of a vehicle approaching a person using a guide dog, hearing dog or service dog shall yield to such pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian and any injury caused to the pedestrian's guide dog, hearing dog or service dog.

V. A. M. S. 304.080

 


 

Service Dog Fraud 

Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation. Any second or subsequent violation of this section is a class B misdemeanor.

V. A. M. S. 209.204

Montana

Definitions

"Service animal" means a dog or other animal individually trained to provide assistance to an individual with a disability.

MCA 49-4-203

A service animal in training that is a dog shall wear a leash, collar, cape, harness, or backpack that identifies in writing that the dog is a service animal in training. Other service animals in training must also be identifiable by written identification as a service animal in training. The written identification for service animals in training must be visible and legible from a distance of at least 20 feet.

MCA 49-4-214

SDIT Covered?

Yes. A person with a disability has the right to be accompanied by a service animal or a service animal in training with identification complying with subsection (4) in any of the places mentioned in 49-4-211(2) without being charged extra for the service animal. 

MCA 49-4-214

Accommodation Law

A person with a disability has the right to be accompanied by a service animal or a service animal in training with identification complying with subsection (4) in any of the places mentioned in 49-4-211(2) without being charged extra for the service animal. 

MCA 49-4-214

Violation is a misdemeanor.

MCA 49-4-215

 

Driving Law         

On a way of the state open to the public, the operator of a vehicle shall yield the right-of-way to a blind pedestrian who is accompanied by a guide dog.

MCA 61-8-516

Any person other than a person wholly or partially blind who shall fail to come to a full stop when approaching or coming in contact with a person so being led by a trained guide dog or who shall fail to take precaution against accidents or injury to such person after coming to a stop is guilty of a misdemeanor punishable by a fine not to exceed $25.

MCA 49-4-217 

  

Nebraska

Definitions

Service animal shall have the same meaning as in 28 C.F.R. 36.104, as such regulation existed on January 1, 2008.("Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition . . .")

Neb. Rev. St. § 49-801

SDIT Covered?

Yes. A . . . bona fide trainer of a service animal has the right to be accompanied by such animal in training in any of the places listed in subsection (2) of this section without being required to pay an extra charge for the service animal.

Neb. Rev. St. § 20-127

Accommodation Law

A totally or partially blind person, deaf or hard of hearing person, or physically disabled person has the right to be accompanied by a service animal, especially trained for the purpose, and a bona fide trainer of a service animal has the right to be accompanied by such animal in training in any of the places listed.

Neb. Rev. St. § 20-127

Any person or agent of such person who denies or interferes with admittance to or enjoyment of public facilities or otherwise interferes with the rights of a bona fide trainer of a service animal when training such animal is guilty of a Class III misdemeanor.

Neb. Rev. St. § 20-129

Harassment of/Interference with Service Dogs

Two types of criminal interference:

1. Violence on a service animal:

when a person (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, harass, or threaten an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hearing-impaired person, or a physically limited person.

2. Interference with a service animal:

when a person (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionally impede, interfere, or threaten to impede or interfere with an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hearing-impaired person, or a physically limited person.

Violence on a service animal or interference with a service animal is a Class III misdemeanor.

Neb. Rev. St. § 28-1009.01

Driving Law         

A person commits the offense of failing to observe a blind person if when operating a vehicle, he or she fails to give special consideration to the bearer of a white cane or user of guide dog by stopping and remaining while bearer gets a safe distance beyond driving course.

Failure to observe a blind person is a Class III misdemeanor.

Neb. Rev. St. § 28-1314

 

Licensing Law   

Every service animal shall be licensed as required by local ordinances or resolutions, but no license tax shall be charged.

Neb. Rev. St. § 54-603

Service Dog Fraud: 

A person commits unlawfully using a white cane or guide dog if not blind as defined by law and carries, displays, or otherwise makes use of a white cane or guide dog.

Unlawful use of a white cane or guide dog is a Class III misdemeanor.

Neb. Rev. St. § 28-1313

Nevada

Definitions

“Service animal” has the meaning ascribed to it in 28 C.F.R. § 36.104 and includes a miniature horse that has been trained to do work or perform tasks for the benefit of a person with a disability.

N. R. S. 426.097

“Service animal in training” means a dog or a miniature horse that is being trained as a service animal.

N. R. S. 426.099

SDIT Covered?

Yes. It is unlawful for a place of public accommodation to:

  • Refuse admittance or service to a person who is training a service animal because the person is accompanied by a service animal in training.
  • Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal in training into:

(1) The place of public accommodation; or

(2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.

N. R. S. 651.075

Accommodation Law

It is unlawful for a place of public accommodation to refuse admittance or service to a person with a disability because the person is accompanied by a service animal.

A place of public accommodation may ask a person accompanied by an animal:

(1) If the animal is a service animal or service animal in training; and

(2) What tasks the animal is trained to perform or is being trained to perform.

N. R. S. 651.075

Harassment of/Interference with Service Dogs

A person shall not:

1. Without legal justification, interfere with, or allow a dog or other animal he or she owns, harbors or controls to interfere with, the use of a service animal or service animal in training by obstructing, intimidating or otherwise jeopardizing the safety of the service animal or service animal in training or the person using the service animal or service animal in training (gross misdemeanor).

2. Willfully and maliciously beat a service animal or service animal in training (category E felony ).

3. Willfully and maliciously kill a service animal or service animal in training (category D felony).

Also owes restitution that must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.

N. R. S. 426.790

Driving Law         

A person who is blind and who is on foot and using a service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this State. Any driver of a vehicle who approaches or encounters such a person shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid a crash or injury to the person.

Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.

N.R.S. 484B.290

 

 

Service Dog Fraud: 

Any person other than a person who is blind, deaf, or a person with a physical disability who uses a service animal is guilty of a misdemeanor.

N.R.S. 426.510

Also, it is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training. Person is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

N.R.S. 426.805

 

New Hampshire

Definitions

“Service animal” means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this definition.

“Service animal trainer” means any person who is employed to train dogs for or is volunteering to raise dogs for a provider of service animals for persons with disabilities or an individual trainer who helps a person with disabilities to train his or her own service animal or an individual trainer who tests an animal to verify its eligibility for the New Hampshire service animal tag.

N.H. Rev. Stat. § 167-D:1

SDIT Covered?

Yes. A service animal trainer, while engaged in the actual training process, shall have the same rights and privileges with respect to access to public facilities, and the same responsibilities as are applicable to persons with disabilities using a service animal.

N.H. Rev. Stat. § 167-D:6

Accommodation Law

It is lawful for any service animal to accompany his or her handler or trainer into any public facility, housing accommodation, or place of public accommodation to which the general public is invited.

N.H. Rev. Stat. § 167-D:4

It is unlawful for a person, directly or indirectly, either to prohibit, hinder, or interfere with a service animal's handler or trainer who otherwise complies with the limitations applicable to persons without disabilities.

N.H. Rev. Stat. § 167-D:8

Any person violating any provision of this chapter shall be guilty of a misdemeanor.

N.H. Rev. Stat. § 167-D:10

Harassment of/Interference with Service Dogs

It is unlawful for a person, directly or indirectly, either to prohibit, hinder, or interfere with a service animal's handler or trainer who otherwise complies with the limitations applicable to persons without disabilities.

It is unlawful for any person to willfully interfere or attempt to interfere with a service animal.

N.H. Rev. Stat. § 167-D:8

It is a misdemeanor if a person willfully causes physical injury to a service animal or willfully allows his or her animal to cause physical injury to a service animal. If the physical injury to a service animal is severe enough that a veterinarian or service animal trainer determines that the service animal is incapable of returning to service, that person shall be guilty of a class A misdemeanor.

In any case where a person is convicted of harming a service animal as described in paragraph II, he or she may be ordered by the court to make restitution to the person or agency owning the animal for any bills for veterinary care, the replacement cost of the animal if it is incapable of returning to service, and the salary of the service animal handler or trainer for the period of time his or her services are lost to the agency or self employment.

N.H. Rev. Stat. § 167-D:10

Driving Law         

The driver of a vehicle approaching a person using a service animal shall take all necessary precautions to avoid injury to that person, and any driver who fails to take such precautions shall be liable in damages for any injury caused to that person.

N.H. Rev. Stat. § 265:41-a

 

Licensing Law    

No fee shall be required for the registration and licensing of a dog which has served with the armed forces of the United States and has received an honorable discharge therefrom.

No fee shall be required for the registration and licensing of a service animal dog as defined in RSA 167-D:1, IV.

N.H. Rev. Stat. § 466:8

 

Service Dog Fraud: 

It is unlawful for any person to fit an animal with a collar, leash, vest, sign, or harness of the type which represents that the animal is a service animal, or service animal tag issued under RSA 466:8 or to request a service animal tag issued under RSA 466:8 if in fact said animal is not a service animal.

It is unlawful for any person to represent that such person has a disability or is a service animal trainer for the purpose of acquiring a service animal unless said person has a disability or is a service animal trainer and to impersonate, by word or action, a person with a disability for the purpose of receiving service dog accommodations or service animal accessories such as a collar, leash, vest, sign, harness, or service animal tag, which represents that the animal is a service animal or to acquire a service animal tag issued under RSA 466:8.

N.H. Rev. Stat. § 167-D:8

Any person violating any provision of this chapter shall be guilty of a misdemeanor.

N.H. Rev. Stat. § 167-D:10

 

New Jersey

Definitions

Under Civil Rights law:

s. “Guide dog” means a dog used to assist persons who are deaf, or which is fitted with a special harness so as to be suitable as an aid to the mobility of a person who is blind, and is used by a person who is blind and has satisfactorily completed a specific course of training in the use of such a dog, and has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind or deaf, as reputable and competent to provide dogs with training of this type.

t. “Guide or service dog trainer” means any person who is employed by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind, have visual impairments, or are deaf or have hearing impairments, as reputable and competent to provide dogs with training, as defined in this section, and who is actually involved in the training process.

dd. “Service dog” means any dog individually trained to the requirements of a person with a disability including, but not limited to minimal protection work, rescue work, pulling a wheelchair or retrieving dropped items. This term shall include a “seizure dog” trained to alert or otherwise assist persons with epilepsy or other seizure disorders.

N. J. S. A. 10:5-5

Dusty's Law definitions

“Guide dog” shall mean a dog which has been or is being raised or trained to provide assistance to a blind or deaf person, including but not limited to a dog that has been or is being raised or trained by a volunteer puppy raiser or staff member of an organization generally recognized as being involved in the rehabilitation of the blind or deaf and reputable and competent to provide dogs with specialized training.

“Service animal” shall have the same meaning as set forth in the federal “Americans with Disabilities Act of 1990” (42 U.S.C. s.12101 et seq.) and any regulations under the act.

N.J.S.A. 2C:29-3.2

SDIT Covered?

Yes. A service or guide dog trainer, while engaged in the actual training process and activities of service dogs or guide dogs, shall have the same rights and privileges with respect to access to public facilities, and the same responsibilities as are applicable to a person with a disability.

N. J. S. A. 10:5-29.3

Accommodation Law

Any person with a disability accompanied by a service or guide dog trained by a recognized training agency or school is entitled, with his dog, to the full and equal enjoyment, advantages, facilities and privileges of all public facilities.

N. J. S. A. 10:5-29

Any person who intentionally interferes with the rights of a person with a disability, who is accompanied by a guide or service dog, or the function or the ability to function of a guide or service dog, shall be fined not less than $100 and not more than $500.

N. J. S. A. 10:5-29.5

Harassment of/Interference with Service Dogs

Under Civil Rights laws:

Any person who intentionally interferes with the rights of a person with a disability, who is accompanied by a guide or service dog, or the function or the ability to function of a guide or service dog, shall be fined not less than $100 and not more than $500.

N. J. S. A. 10:5-29.5

Under "Dusty's Law":

Any person who recklessly kills a service animal or guide dog, or who recklessly permits a dog that the person owns or over which the person has immediate control, to injure or kill a service animal or guide dog, is guilty of a crime of the fourth degree.

Any person who recklessly injures a service animal or guide dog, or recklessly permits a dog that the person owns or over which the person has immediate control, to injure a service animal or guide dog, is guilty of a disorderly persons offense.

Any person who recklessly interferes with the use of a service animal or guide dog, or who recklessly permits a dog that the person owns or over which that person has immediate control, to interfere with a service animal or guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of that service animal or guide dog or its handler, is guilty of a petty disorderly persons offense.

N.J.S.A. 2C:29-3.2

Driving Law         

Under Civil Rights laws:

A person with a disability accompanied by a guide dog, or a guide dog instructor engaged in instructing a guide dog, shall have the right-of-way over vehicles while crossing a highway or any intersection.

N. J. S. A. 10:5-29.4

Also under Traffic Regulation laws:

Any blind person using as a guide a seeing-eye dog or other dog trained as a guide for the blind, equipped with a rigid "U"-shaped harness such as customarily used or any guide dog instructor engaged in instructing a guide dog shall have the right-of-way in crossing any highway or any intersection, and all drivers of vehicles shall yield the right-of-way.

N. J. S. A. 39:4-37.1

Licensing Law    

Dogs used as Dogs used as guide dogs or service dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of a guide dog or service dog shall not be required to pay any fee therefor. A dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training.

N. J. S. A. 4:19-15.3

 

Service Dog Fraud 

Any person who fits a dog with a harness of the type commonly used by blind persons to represent that such dog is a guide dog when not trained as a guide dog shall be fined not less than $100 and not more than $500.

N. J. S. A. 10:5-29.5

 

New Mexico

Definitions

As used in the Service Animal Act:

A. “emotional support animal”, “comfort animal” or “therapy animal” means an animal selected to accompany an individual with a disability that does not work or perform tasks for the benefit of an individual with a disability and does not accompany at all times an individual with a disability;

B. “qualified service animal” means any qualified service dog or qualified service miniature horse that has been or is being trained to provide assistance to an individual with a disability; but “qualified service animal” does not include a pet, an emotional support animal, a comfort animal or a therapy animal;

C. “qualified service dog” means a dog that has been trained or is being trained to work or perform tasks for the benefit of an individual with a disability who has a physical or mental impairment that substantially limits one or more major life activities; and

D. “qualified service miniature horse” means a miniature horse that has been trained or is being trained to work or perform tasks for the benefit of an individual with a disability who has a physical or mental impairment that substantially limits one or more major life activities.

NMSA 1978, § 28-11-2 

SDIT Covered?

Yes. A person with a disability who is using a qualified service animal shall be admitted to any building open to the public and to all other public accommodations and shall be allowed access to all common carriers; provided that the qualified service animal is under the control of an owner, a trainer or a handler of the qualified service animal. 

NMSA 1978, § 28-11-3

“Qualified service animal” means any qualified service dog or qualified service miniature horse that has been or is being trained to provide assistance to an individual with a disability . . .

NMSA 1978, § 28-11-2 

Accommodation Law

Under Service Animal Act:

A person with a disability who is using a qualified service animal shall be admitted to any building open to the public and to all other public accommodations and shall be allowed access to all common carriers.

NMSA 1978, § 28-11-3

A person who violates a provision of the Service Animal Act shall be guilty of a misdemeanor.

NMSA 1978, § 28-11-4

Also under Human Rights laws:

Every totally or partially blind person shall have the right to be accompanied by a guide dog, specially trained for the purpose, in any of the places listed in this section without being required to pay an extra charge for the guide dog.

NMSA 1978, § 28-7-3 

Harassment of/Interference with Service Dogs

It is unlawful for any person, with no legal justification, to:

(1) intentionally interfere with the use of a qualified service animal by harassing or obstructing the owner or trainer of the qualified service animal or the qualified service animal; or

(2) intentionally fail or refuse to control the person's unrestrained animal, which animal interferes with or obstructs the owner, trainer or handler of the qualified service animal.

A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished pursuant to Section 31-19-1 NMSA 1978. A person convicted under this section may be ordered to pay restitution, including, but not limited to, actual damages.

NMSA 1978, § 28-11-5 

Driving Law         

The driver of a vehicle approaching a totally or partially blind pedestrian who is 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.

NMSA 1978, § 28-7-4 

Licensing Law    

No license fee shall be charged for the licensure of qualified service animals who are trained to lead partially or totally blind persons, aid hearing impaired persons or assist mobility impaired persons.

NMSA 1978, § 77-1-15.1 

Service Dog Fraud:

A person shall not knowingly present as a qualified service animal any animal that does not meet a definition of “qualified service animal” pursuant to Section 28-11-2 NMSA 1978.

Violation is a misdemeanor.

N. M. S. A. 1978, § 28-11-6

New York

Definitions

Under Article 7 - Licensing, Identification and Control of Dogs:

§ 108. Definitions

“Service dog” means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability.

McKinney's Agriculture and Markets Law § 108(22)

§ 123-b. Offenses against service animals and handlers:

“Service animal” shall mean any animal that has been partnered with a person who has a disability and has been trained or is being trained, by a qualified person, to aid or guide a person with a disability.

McKinney's Agriculture and Markets Law § 123-b

Under Article 4-B - Rights of Persons with a Disability:

The term “guide dog”, “hearing dog” or “service dog” shall mean a dog which is properly harnessed and has been or is being trained by a qualified person, to aid and guide a person with a disability.

McKinney's Civil Rights Law § 47-b

Under Article 242 - Offenses Against Service Animals and Handlers:

“Service animal” shall mean any animal that has been partnered with a person who has a disability and has been trained or is being trained, by a qualified person, to aid or guide a person with a disability.

McKinney's Penal Law § 242.00

SDIT Covered?

Yes. Persons qualified to train dogs to aid and guide persons with a disability, while engaged in such training activities, shall have the same rights and privileges set forth for persons with a disability in this article.

McKinney's Civil Rights Law § 47-b

Accommodation Law

No person shall be denied admittance to and/or the equal use of and enjoyment of any public facility solely because said person is a person with a disability and is accompanied by a guide dog, hearing dog or service dog.

McKinney's Civil Rights Law § 47-b

Any person or legal entity, public or private, violating any provision of this article shall be guilty of a violation.

McKinney's Civil Rights Law § 47c

 

Harassment of/Interference with Service Dogs

Animal interfering with/harming service animal:

It shall be a violation, punishable as provided in subdivision two of this section, for the owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog.

McKinney's Agriculture and Markets Law § 118

Any person who owns an animal or possesses control of such animal and who, through any act or omission, recklessly permits his or her animal to interfere with the proper working of a service animal, exposing the handler and service animal to danger or resulting in injury or death of the service animal shall be subject to a civil penalty not to exceed $1,000 in addition to any other applicable penalties.

If previous incident, guilty of a violation punishable by a fine of not more than $2,000 or by a period of imprisonment not to exceed 15 days, or by both such fine and imprisonment in addition to any other applicable penalties.

Service animal handler also has right to pursue any and all civil remedies available to recover damages for medical and veterinary expenses, rehabilitation or replacement of the service animal, and lost wages, transportation expenses or other expenses directly related to the temporary or permanent loss of the service animal.

McKinney's Agriculture and Markets Law § 123-b

Person interfering with, harassing, or harming service animal:

A person is guilty of interference, harassment or intimidation of a service animal when he or she commits an act with intent to and which does make it impractical, dangerous or impossible for a service animal to perform its assigned responsibilities of assisting a person with a disability.

Class B misdemeanor

McKinney's Penal Law § 242.05

Harming a service animal in the second degree:

A person is guilty of harming a service animal in the second degree when, with the intent to do so, he or she causes physical injury, or causes such injury that results in the death, of a service animal.

Class A misdemeanor

McKinney's Penal Law § 242.10

Harming a service animal in the first degree:

A person is guilty of harming a service animal in the first degree when, he or she commits the crime of harming a service animal in the second degree, and has been convicted of harming a service animal in the first or second degree within the prior 5 years.

Class E felony

McKinney's Penal Law § 242.15

Driving Law         

Every driver of a vehicle approaching an intersection or crosswalk shall yield the right of way to a pedestrian crossing or attempting to cross the roadway when such pedestrian is accompanied by a guide dog.

McKinney's Vehicle and Traffic Law § 1153

 

Licensing Law 

Municipalities may exempt from their licensing fees any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog. Each copy of any license for such dogs shall be conspicuously marked “Guide Dog”, “Hearing Dog”, “Service Dog”, “Working Search Dog”, “War Dog”, “Detection Dog”, “Police Work Dog”, or “Therapy Dog”, as may be appropriate, by the clerk or authorized dog control officer.

McKinney's Agriculture and Markets Law § 110

Service Dog Fraud

It shall be a violation for any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag.

McKinney's Agriculture and Markets Law § 118

 

North Carolina

Definitions

Under "Assaulting a law enforcement agency animal or an assistance animal":

Assistance animal: an animal that is trained and may be used to assist a “person with a disability” as defined in G.S. 168A-3. The term “assistance animal” is not limited to a dog and includes any animal trained to assist a person with a disability as provided in Article 1 of Chapter 168 of the General Statutes.

N.C.G.S.A. § 14-163.1

The term "service animal" is used in "Article 1 - Rights" law, but not defined.

 

SDIT Covered?

Yes. An animal in training to become a service animal may be taken into any of the places listed in G.S. 168-3 for the purpose of training when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training.

N.C.G.S.A. § 168-4.2

Accommodation Law

Every person with a disability has the right to be accompanied by a service animal trained to assist the person with his or her specific disability in any of the places listed in G.S. 168-3, and has the right to keep the service animal on any premises the person leases, rents, or uses.

The person qualifies for these rights upon the showing of a tag, issued by the Department of Health and Human Services, under G.S. 168-4.3, stamped “NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION” and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. The service animal may accompany a person in any of the places listed in G.S. 168-3.

N.C.G.S.A. § 168-4.2

Harassment of/Interference with Service Dogs

Killing of assistance animal:

Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully kills the animal is guilty of a Class H felony.

Serious harm to assistance animal:

Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully causes or attempts to cause serious harm to the animal is guilty of a Class I felony.

Harm or attempt at harm to assistance animal:

Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully causes or attempts to cause harm to the animal is guilty of a Class 1 misdemeanor.

Willful interference or attempt:

Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully taunts, teases, harasses, delays, obstructs, or attempts to delay or obstruct the animal in the performance of its duty as a law enforcement agency animal, an assistance animal, or a search and rescue animal is guilty of a Class 2 misdemeanor.

Defendant convicted of violating this section also owes restitution including:

  • Veterinary, medical care, and boarding expenses
  • Medical expenses for the person with the disability relating to the harm inflicted upon the assistance animal
  • Replacement and training or retraining
  • Expenses incurred to provide temporary mobility services to the person with a disability
  • Wages or income lost while assistance animal receiving training or retraining

N.C.G.S.A. § 14-163.1

Driving Law         

Any blind or partially blind pedestrian shall be entitled to the right-of-way at a crossing or intersection if such blind or partially blind pedestrian is accompanied by a guide dog.

N.C.G.S.A. § 20-175.2

 

 

Service Dog Fraud

It is unlawful to disguise an animal as a service animal or service animal in training.

Violation of this section shall be a Class 3 misdemeanor.

N.C.G.S.A. § 168-4.5

 

North Dakota

Definitions

“Service animal” means any guide dog, signal dog, or other animal trained to do work, perform tasks, or provide assistance for the benefit of an individual with a disability. The term includes an animal trained to provide assistance or protection services to an individual with a disability, pull a wheelchair, lend balance support, retrieve dropped objects, or provide assistance in a medical crisis.

NDCC § 25-13-01.1

 

SDIT Covered?

Yes. A trainer with a service animal in training may enter any place of public accommodation, common carrier, facility of a health care provider, and any place to which the public is generally invited, without being required to pay an extra charge for the service animal in training, provided:

a. The trainer notifies an onsite manager that a service animal in training is being brought onto the premises;

b. The trainer wears a photo identification card issued by a nationally recognized service animal training program; and

c. The trainer is liable for any damage done to the premises or facility by the service animal in training.

NDCC § 25-13-02.1

Accommodation Law

An individual with a disability is entitled to be accompanied by a service animal in places of public accommodations, common carriers, facilities of a health care provider, and all places to which the public is generally invited, without being required to pay an extra charge for the animal; provided, that the individual is liable for any damage done to the premises or facility by the animal.

NDCC § 25-13-02

Class A misdemeanor to deny admittance or interfere with rights (except for trainer of service animal).

NDCC § 25-13-04

Harassment of/Interference with Service Dogs

Class C felony and subject to a civil penalty of up to $10,000 if a person willfully and unjustifiably kills, shoots, tortures, torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a service animal.
 
Class A misdemeanor and subject to a civil penalty of up to $5,000 if a person willfully:

a. Harasses, taunts, or provokes a service animal; or
b. Interferes with a service animal while the animal is working.

NDCC § 25-13-06

Driving Law         

If the driver of a motor vehicle approaches an individual who is blind or visually impaired and who is accompanied by a service animal, the driver shall take all reasonable precautions to avoid injury to the individual and the service animal.

Any driver who fails to take reasonable precautions is liable to the individual for any injury caused.

NDCC § 25-13-03

  

Ohio

Definitions

In Section 2921.321, "Assaulting a police dog or horse; harassing a police dog or horse; assaulting an assistance dog; harassing an assistance dog," the following is stated: "(4) “Assistance dog,” “blind,” and “mobility impaired person” have the same meanings as in section 955.011 of the Revised Code." 

R.C. § 2921.321

"Assistance dog” means a guide dog, hearing dog, or service dog that has been trained by a nonprofit special agency.

“Guide dog” means a dog that has been trained or is in training to assist a blind person.

“Hearing dog” means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.

“Service dog” means a dog that has been trained or is in training to assist a mobility impaired person.

RC § 955.011

 

SDIT Covered?

Yes. When either a blind, deaf or hearing impaired, or mobility impaired person or a trainer of an assistance dog is accompanied by an assistance dog, the person or the trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges . . .

R.C. § 955.43

 

Accommodation Law

When either a blind, deaf or hearing impaired, or mobility impaired person or a trainer of an assistance dog is accompanied by an assistance dog, the person or the trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public conveyances, hotels, lodging places, all places of public accommodation, amusement, or resort, all institutions of education, and other places to which the general public is invited.

R.C. § 955.43

Harassment of/Interference with Service Dogs

No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:

(1) The dog is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.

(2) The dog is not assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.

No person shall recklessly do any of the following:

  1. Taunt, torment, or strike an assistance dog;
  2. Throw an object or substance at an assistance dog;
  3. Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following (described in (a) to (d) of the law);
  4. Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;
  5. If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog.

Assaulting as assistance dog is a misdemeanor of the second degree unless:

  • death of assistance dog - felony of the third degree if results
  • serious physical harm to the assistance dog other than its death - felony of the fourth degree
  • physical harm to the assistance dog other than death or serious physical harm - misdemeanor of the first degree

Harassing an assistance dog is a misdemeanor of the second degree unless:

  • death of the assistance dog - felony of the third degree
  • serious physical harm to the assistance dog, but does not result in its death - felony of the fourth degree
  • physical harm to the assistance dog, but does not result in its death or in serious physical harm to it - misdemeanor of the first degree

RC § 2921.321

Driving Law         

The driver of every vehicle shall yield the right of way to every blind pedestrian guided by a guide dog.

Violation is a minor misdemeanor.

R.C. § 4511.47

 

Licensing Law   

When an application is made for registration of an assistance dog and the owner can show proof by certificate or other means that the dog is an assistance dog, the owner of the dog shall be exempt from any fee for the registration.

R.C. § 955.011

 

Oklahoma

Definitions

Under "Chapter 1, Services to the Blind. Guide Dogs:"

"Service dog" means any dog individually trained to the physically handicapped person's requirements; and

"Signal dog" means any dog trained to alert a deaf or hard-of-hearing person to intruders or sounds.

Okl. St. Ann. § 19.1

Under harming a service animal provision:

"Service animal" means an animal that is trained for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment.

Okl. St. Ann. § 649.3

 

SDIT Covered?

Yes. A blind, physically handicapped, deaf or hard-of-hearing person and his or her guide, signal, or service dog or a dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be denied admittance to or refused access to any of the following because of such dog.

Okl. St. Ann. § 19.1

Accommodation Law

A blind, physically handicapped, deaf or hard-of-hearing person and his or her guide, signal, or service dog or a dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be denied admittance to or refused access to any of the following because of such dog: Any street, highway, sidewalk, walkway, any common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation, hotel, motel, or other place of lodging, public building maintained by any unit or subdivision of government, building to which the general public is invited, college dormitory and other educational facility, restaurant or other place where food is offered for sale to the public, or any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Oklahoma.

Okl. St. Ann. § 19.1

Violation is a misdemeanor.

Okl. St. Ann. § 19.2

Harassment of/Interference with Service Dogs

Harm to or interference with service animal:

No person shall willfully harm, including torture, torment, beat, mutilate, injure, disable, or otherwise mistreat or kill a service animal that is used for the benefit of any handicapped person in the state.

No person shall willfully interfere with the lawful performance of any service animal used for the benefit of any handicapped person in the state.

Violation is a misdemeanor, punishable by a fine not exceeding $1,000.00, or by imprisonment in the county jail not exceeding 1 year, or by both.

Harm to service animal during commission of other crime:

If violation occurs during commission of misdemeanor or felony, results in fine not exceeding $1,000.00, or by imprisonment in the Department of Corrections not exceeding 2 years, or by both such fine and imprisonment.

Harm to service animal by another animal:

Any person who encourages, permits or allows an animal owned or kept by such person to fight, injure, disable or kill a service animal used for the benefit of any handicapped person in this state, or to interfere with a service animal in any place where the service animal resides or is performing commits misdemeanor.

Also must pay restitution.

Violation is a misdemeanor, punishable by a fine not exceeding $1,000.00, or by imprisonment in the county jail not exceeding 1 year, or by both.

21 Okl. St. Ann. § 649.3

Driving Law         

Any driver of a vehicle who knowingly approaches within 15 feet of a person who is in the roadway or at an intersection and who is wholly or partially blind and who is using a dog guide wearing a specialized harness, or who is wholly or partially deaf and is using a signal dog wearing an orange identifying collar, or who is physically handicapped and is using a service dog, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind, deaf or physically handicapped.

7 Okl. St. Ann. § 12

Violation is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 3 months, or by fine not exceeding $100.00, or by both such fine and imprisonment.

7 Okl. St. Ann. § 13

 

Licensing Law    

No municipality or political subdivision of the state may enact or enforce any ordinance or rule that requires any registration or licensing fee for any service animal that is used for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment.

Violation is a misdemeanor punishable by a fine of not less than $50.00.

21 Okl. St. Ann. § 649.3

 

 

Oregon

Definitions

(1) As used in this section:

(a) “Assistance animal” means a dog or other animal designated by administrative rule that has been individually trained to do work or perform tasks for the benefit of an individual.

(b) “Assistance animal trainee” means an animal that is undergoing a course of development and training to do work or perform tasks for the benefit of an individual that directly relate to the disability of the individual.

O.R.S. 659A.143(6)(a)

Rights for pedestrians who are blind or blind and deaf.

 Dog guide” means a dog that is wearing a dog guide harness and is trained to lead or guide a person who is blind.

O.R.S. § 814.110

SDIT Covered?

Yes. A place of public accommodation or of access to state government services, programs or activities may not deny a person with a disability or an assistance animal trainer the right to be accompanied by an assistance animal or assistance animal trainee in any area of the place that is open to the public or to business invitees.

O.R.S. 659A.143(6)(a)

Accommodation Law

With exceptions, a place of public accommodation or of access to state government services, programs or activities may not deny a person with a disability or an assistance animal trainer the right to be accompanied by an assistance animal or assistance animal trainee in any area of the place that is open to the public or to business invitees.

O.R.S. 659A.143(6)(a)

 

 

 

 

Harassment of/Interference with Service Dogs

Theft or attack on assistance animal:

A person with a disability who uses an assistance animal or the owner of an assistance animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the assistance animal.

The person with a disability or the owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks an assistance animal.

The action authorized by this subsection may be brought by the person with a disability or the owner even if the assistance animal was in the custody or under the supervision of another person when the theft or attack occurred.

The measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal.

If the animal recovers and returns to service the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and any other costs and expenses incurred by the person with a disability or the owner as a result of the theft of or injury to the animal.

O. R. S. § 659A.141

Interfering with assistance or therapy animal:

A person commits the crime of interfering with an assistance, a search and rescue or a therapy animal if the person intentionally or knowingly:

  • injures or attempts to injure an animal the person knows or reasonably should know is an assistance animal, a search and rescue animal or a therapy animal
  • interferes with an assistance animal while the assistance animal is being used to provide assistance to a person with a physical impairment
  • interferes with a search and rescue animal or a therapy animal while the animal is being used for search and rescue or therapy purposes

Violation is a Class A misdemeanor.

O. R. S. § 167.352

Driving Law         

The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian who has limited vision or a pedestrian who is blind if the driver violates any of the following:

(a) A driver approaching a pedestrian who has limited vision or a pedestrian who is blind or deaf-blind, who is carrying a white cane or accompanied by a dog guide, and who is crossing or about to cross a roadway, shall stop and remain stopped until the pedestrian has crossed the roadway.

(b) Where the movement of vehicular traffic is regulated by traffic control devices, a driver approaching a pedestrian who has limited vision or a pedestrian who is blind or deaf-blind shall stop and remain stopped until the pedestrian has vacated the roadway if the pedestrian has entered the roadway and is carrying a white cane or is accompanied by a dog guide. This paragraph applies notwithstanding any other provisions of the vehicle code relating to traffic control devices.

Violation is a Class B traffic violation.

O.R.S. § 811.035

Licensing Law    

A license fee is not required to be paid for any dog kept by a person who is blind and who uses the dog as a guide. A license shall be issued for such dog upon the filing by the person who is blind of an affidavit with the county showing that the dog qualifies for exemption.

O. R. S. § 609.100

Notwithstanding ORS 609.015 or 609.100, a county or city shall not charge a fee to license a dog used as an assistance animal as defined in section 2 of this 2013 Act

O.R.S. § 609.105

 

Pennsylvania

Definitions

Under Dog Law:

“Service dog.” Any dog which has been or is in the process of being trained as a guide dog, signal dog or has been trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair or fetching dropped items.

3 P.S. § 459-102

As used in this section, the term “service, guide or support dog” shall have the same meaning given it under section 5531 (relating to definitions).

18 Pa.C.S.A. § 7325

“Service, guide or support dog.” A dog that is trained or is being trained to work or perform tasks for the benefit of an individual with a disability consistent with Federal and State law related to service animals.

18 Pa.C.S.A. § 5531

SDIT Covered?

Yes. A person is guilty of a summary offense if he . . . refuses, withholds or denies any person, who is using a service, guide or support dog or other aid animal to assist an individual with a disability or who is training a service, guide or support dog or other aid animal for an individual with a disability, the use of or access to any accommodation, advantage, facility or privilege . . .

18 Pa.C.S.A. § 7325 

Accommodation Law

Policy statement in law:

The practice or policy of discrimination against individuals or groups by reason of their . . . use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals is a matter of concern of the Commonwealth.

43 P.S. § 952

Recognized as civil right:

The opportunity for an individual to obtain employment for which he is qualified, and to obtain all the accommodations, advantages, facilities and privileges of any public accommodation and of any housing accommodation and commercial property without discrimination because of . . . the use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals is hereby recognized as and declared to be a civil right which shall be enforceable as set forth in this act.

43 P.S. § 953

Public accommodation discrimination:

A person is guilty of a summary offense if he, being the proprietor, manager or employee of a  . . . place of public accommodation, entertainment or amusement, refuses, withholds or denies any person, who is using a service, guide or support dog or other aid animal to assist an individual with a disability or who is training a service, guide or support dog or other aid animal for an individual with a disability, the use of or access to any accommodation, advantage, facility or privilege . . . 

18 Pa.C.S.A. § 7325 

Harassment of/Interference with Service Dogs

A person commits a misdemeanor of the third degree if the person is the owner of a dog that kills, maims or disfigures a guide dog of an individual who is blind, a hearing dog of an individual who is deaf or audibly impaired or a service dog of an individual who is physically limited without provocation by the guide, hearing or service dog or the individual.

A person commits an offense under this section only if the person knew or should have known that the dog the person owns had a propensity to attack human beings or domestic animals without provocation, and the owner knowingly or recklessly failed to restrain the dog or keep the dog in a contained, secure manner.

A person convicted of violating this section shall be sentenced to pay a fine of not more than $5,000 and shall be ordered to make reparations for veterinary costs in treating the guide, hearing or service dog and, if necessary, the cost of obtaining and training a replacement guide, hearing or service dog.

If a dog attacks a service dog and the owner knew the dog had a vicious propensity and failed to restrain the dog, a court of common pleas may impose any of the following:

  • A civil penalty of up to $15,000;
  • Reparations for veterinary and, if necessary, the cost of retraining the dog or of obtaining and training a replacement guide, hearing or service dog;
  • Loss of income for the time the individual is unable to work due to the unavailability of the guide, hearing or service dog.

18 Pa.C.S.A. § 5535

Driving Law         

The driver of a vehicle shall yield the right-of-way to any totally or partially blind pedestrian accompanied by a guide dog and shall take such precautions as may be necessary to avoid injuring or endangering the pedestrian.

Violation is a summary offense punishable by a fine of not less than $50 nor more than $150.

75 Pa.C.S.A. § 3549

Licensing Law    

The provisions of this act relating to the payment of fees and other charges shall not apply to any person who uses a service dog for aid . . . License tags for service dogs . . . shall be issued without charge.

Also, puppies that are brought into this Commonwealth for a period of less than 18 months as part of a formalized training to be service dogs shall be exempt from the licensing requirements of this act.

3 P.S. § 459-217

 

 

Rhode Island

Definitions

Under Chapter 9.1, Equal Rights of Blind and Deaf Persons to Public Facilities:

“Guide dog” means a dog that has been or is being specially trained to aid a particular blind or visually impaired person.

“Hearing dog” means a dog that has been or is being specially trained to aid a particular deaf or hard-of-hearing person.

“Personal assistance animal” means a dog that has been or is being trained as a guide dog, hearing dog or service dog.

“Service dog” means a dog that has been or is being specially trained to aid a particular disabled person with a disability other than sight or hearing.

Gen. Laws, 1956, § 40-9.1-1 

SDIT Covered?

Yes. Every trainer or puppy raiser of a personal assistance animal shall have the same rights and privileges as stated in § 40-9.1-2 for every person with a disability. 

Gen. Laws, 1956, § 40-9.1-3

Accommodation Law

Every disabled person/trainer of assistance animal has the right to be accompanied by a personal assistance animal, specially trained for that person in any housing accommodation or in any listed public place.

Gen. Laws, 1956, § 40-9.1-2

The privileges of access and transportation provided to personal assistance animals is extended to family therapy pets which are further defined as primary companions which include, but are not limited to, dogs, cats, rabbits, and guinea pigs, that are working in the provision of pet assisted therapy treatment and education.

Access and transportation privileges are only extended while the family therapy pet is on the way to or actively participating in a program.

Gen. Laws, 1956, § 40-9.1-5

It is unlawful for any person, corporation or the agent of any corporation to:

(1) Withhold, deny, deprive or attempt to withhold, deny or deprive any other person of any right or privilege;

(2) Intimidate, threaten, coerce, or attempt to threaten, intimidate or coerce any other person to interfere with any right or privilege; or

(3) Punish or attempt to punish any person for exercising or attempting to exercise any right or privilege.

Violation is a misdemeanor punishable imprisonment in the county jail for not more than 6 months or by a fine of not less than $100, or by both fine and imprisonment. Also liable for actual damages for any economic loss and/or punitive damages.

Gen. Laws, 1956, § 40-9.1-3

Every person with a disability who has a personal assistive animal, or who obtains a personal assistive animal, shall be entitled to full and equal access to all housing and other public accommodations provided for in this chapter and shall not be required to pay extra compensation for the personal assistive animal, but shall be liable for any damage done to the premises by a personal assistive animal. For the purposes of this subdivision a “personal assistive animal” is an animal specifically trained, by a certified animal training program, to assist a person with a disability perform independent living tasks.

Gen. Laws, 1956, § 42-87-3

Harassment of/Interference with Service Dogs

Under Dog Law:

Owner of dog who dog kills, wounds, or worries, or assists in killing, wounding, or worrying, any seeing-eye dog certified for use as a guide-dog under harness or engaged in act of guiding owner, or if that dog assaults or bites the visually impaired person, the owner of offending dog must pay the blind or visually impaired guide-dog owner double all the damages sustained.

If the act occurs again, the owner of the offending dog owes treble damages and an order must be made by the court to kill the dog.

Gen. Laws, 1956, § 4-13-16.1

Under Equal Rights Law:

It is unlawful for any person to injure a personal assistance animal and shall be liable for the injuries to the assistance animal and if necessary the replacement and compensation for the loss of the personal assistance animal.

It is unlawful for the owner of a dog to allow that dog to injure a personal assistance animal because the owner failed to control or leash the dog. The owner shall also be liable for the injuries to the personal assistance dog and if necessary the replacement and compensation for the loss of the personal assistance animal.

Also liable for actual damages for any economic loss and/or punitive damages.

Gen. Laws, 1956, § 40-9.1-3

Driving Law         

Whenever a pedestrian is crossing/attempting to cross a public street guided by a trained seeing-eye guide dog or a hearing-ear signal dog clearly identified as such by a yellow harness, approaching drivers must bring vehicles to a full stop and before proceeding shall take any precautions that may be necessary to avoid injuring the pedestrian.

Gen. Laws, 1956, § 31-18-14

Violation results in fine of fine not more than $250.

Gen. Laws, 1956, § 31-18-16 

Licensing Law    

Any city or town may waive the fee to be charged to license guide dogs used by persons with disabilities.

Gen. Laws, 1956, § 4-13-4 

 

South Carolina

Definitions

Under Article 15, Protection of Guide Dogs:

"Guide dog" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

"Service animal" means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.

Code 1976 § 47-3-920 

SDIT Covered?

Yes. Every person who is a trainer of an assistance or guide dog, while engaged in the training of an assistance or guide dog, has the same rights and privileges with respect to access to public facilities and accommodations as blind and disabled persons, including the right to be accompanied by an assistance or guide dog or assistance or guide dog in training.

Code 1976 § 43-33-20

 

Accommodation Law

Every handicapped person has the right to be accompanied by an assistance dog, especially trained for the purpose, in any of the places listed in this section without being required to pay an extra charge for the assistance dog.

Code 1976 § 43-33-20

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

Code 1976 § 43-33-40

 

Harassment of/Interference with Service Dogs

Interference with guide or service dog:

Unlawful for person who has received notice that his or her behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.

Unlawful for a person with reckless disregard to allow his or her dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.

Violation is a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.

Code 1976 § 47-3-930

Injury to guide or service dog:

Unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.

Unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.

Violation is a misdemeanor and, upon conviction, must be fined not more than $2,500 or imprisoned not more than 6 months, or both.

Code 1976 § 47-3-940

Unauthorized control over guide or service dog:

Unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.

Violation is a misdemeanor and, upon conviction, must be fined not less than $2,000 or imprisoned not less than 1 year, or both.

Code 1976 § 47-3-950

Intentional injury/cause death to guide or service dog:

Unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.

Violation is a misdemeanor and, upon conviction, must be fined not more than $5,000 or imprisoned not more than 3 years, or both.

Code 1976 § 47-3-960

Restitution:

A defendant convicted of a violation of this article may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user.

Code 1976 § 47-3-970

Driving Law         

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 handicapped pedestrian using an assistance dog shall take all necessary precautions to avoid injury to the pedestrian. Any driver who fails to take these precautions is liable in damages for any injury caused the pedestrian.

Code 1976 § 43-33-30

Whenever a pedestrian is crossing or attempting to cross a public street or highway guided by a guide dog, the driver of every vehicle approaching the intersection shall bring the vehicle to a full stop before arriving and take such precautions as may be necessary to avoid injuring such pedestrian.

Code 1976 § 56-5-3200

Violation is a misdemeanor punishable by a fine not exceeding $25 or imprisonment for not exceeding 10 days.

Code 1976 § 56-5-3210 

  

South Dakota

  

Accommodation Law

Any person who is totally or partially physically disabled, totally or partially blind, or totally or partially deaf may be accompanied by a service animal in listed places of public accommodation.

Failure of any owner or employee of a listed place to comply with the provisions of this section is a Class 2 misdemeanor.

S D C L § 20-13-23.2

Harassment of/Interference with Service Dogs

No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability if the service animal is being controlled by the person and the service animal is wearing a harness or other control device normally used for service animals accompanying or leading persons with disabilities.

A violation of this section is a Class 2 misdemeanor.

S D C L § 40-1-38

Driving Law         

Whenever a pedestrian is crossing or attempting to cross a public street guided by a guide dog, the driver of every vehicle approaching the intersection must bring vehicle to a full stop before arriving at such intersection, and shall take such precautions as may be necessary to avoid injuring such pedestrian.

A violation of this section is a Class 2 misdemeanor.

S D C L § 32-27-7

  

Tennessee

Definitions

As used in this section, “service animal” means:

(A) Any animal that is individually trained, or being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and

(B) Any police dog, fire dog, search and rescue dog, or police horse.

T. C. A. § 39-14-216

SDIT Covered?

Yes. No proprietor, employee or other person in charge of any place of public accommodation, amusement or recreation . . . shall refuse to permit a dog guide trainer to enter such place or to make use of the accommodations provided in those places, when the accommodations are available, for the reason that the dog guide trainer is being led or accompanied by a dog guide in training; provided, that the dog guide in training, when led or accompanied by a dog guide trainer, is wearing a harness and is held on a leash by the dog guide trainer or, when led or accompanied by a dog guide trainer, is held on a leash by the dog guide trainer; and provided, further, that the dog guide trainer shall first have presented for inspection credentials issued by an accredited school for training dog guides. 

T. C. A. § 62-7-112

Accommodation Law

No proprietor, employee or other person in charge of any place of public accommodation, amusement or recreation shall refuse to permit a blind, physically disabled or deaf or hard of hearing person to enter the place or to make use of the accommodations for the reason that the blind, physically disabled or deaf or hard of hearing person is being led or accompanied by a dog guide.

A violation of this section is a Class C misdemeanor.

T. C. A. § 62-7-112

 

Harassment of/Interference with Service Dogs

Chapter 14, Offenses Against Property:

A person who intentionally or knowingly unlawfully injures the guide dog of another and, thereby, permanently deprives the owner of the use of the guide dog's services commits theft of that animal.

In determining the value of the guide dog, the court shall consider the value of the guide dog as both the cost of the dog as well as the cost of any specialized training the guide dog received.

T. C. A. § 39-14-208

A person commits aggravated cruelty to animals when, with aggravated cruelty and with no justifiable purpose, the person intentionally kills or intentionally causes serious physical injury to a companion animal.

Aggravated cruelty to animals is a Class E felony.

In addition to penalty, responsible for damages to animal.

If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.

T. C. A. § 39-14-212

It is an offense to maim or harm, or attempt to do so, or permit an animal owned to harm a service animal (violation is a Class A misdemeanor).

Under the law, it is an offense to knowingly interfere with a service animal in the performance of its duties (Class C misdemeanor).

In addition to any other penalty provided by this section, a person convicted shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred.

T. C. A. § 39-14-216

Chapter 17, Dogs and Cats:

If a person's guide dog is killed or sustains injuries that result in death or permanent disability caused by the unlawful and intentional, or negligent, act of another or the animal of another, then the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for economic damages, which shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.

T. C. A. § 44-17-404

Driving Law         

Whenever any pedestrian guided by a guide dog or dog on a blaze orange leash shall undertake to cross any public street drivers must bring such vehicle to a complete stop and before proceeding shall take all precautions necessary to avoid injuring the pedestrian.

A violation of this section is a Class C misdemeanor.

T. C. A. § 55-8-180

 

  

Texas

Definitions

Under Title 8, "Rights and Responsibilities of Persons with Disabilities:"

“Assistance animal” and “service animal” mean a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability .

V. T. C. A., Human Resources Code § 121.002

SDIT Covered?

Yes. A service animal in training shall not be denied admittance to any public facility when accompanied by an approved trainer.

V. T. C. A., Human Resources Code § 121.003

Accommodation Law

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

V. T. C. A., Human Resources Code § 121.003

Violation is an offense.

An offense under this subsection is a misdemeanor punishable by:

(1) a fine of not more than $300; and

(2) 30 hours of community service 

In addition to the penalty above, a person who violates the provisions of Section 121.003 is deemed to have deprived a person with a disability of his or her civil liberties. That person may maintain an action for damages in a court of competent jurisdiction, and there is a conclusive presumption of damages in the amount of at least $300 to the person with a disability.

V. T. C. A., Human Resources Code § 121.004

Harassment of/Interference with Service Dogs

Under Title 8, Rights and Responsibilities of Persons with Disabilities:

A person may not assault, harass, interfere with, kill, or injure in any way, or attempt to assault, harass, interfere with, kill, or injure in any way, an assistance animal.

V. T. C. A., Human Resources Code § 121.003

Violation is an offense (penalty in previous column).

V. T. C. A., Human Resources Code § 121.004

Penal Code:

A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.

A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an assistance animal and, as a result of the person's conduct, the assistance animal is attacked, injured, or killed.

An offense under this section is a:

  • Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal
  • state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal
  • felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal

Violators also owe restitution.

V. T. C. A., Penal Code § 42.091

Driving Law         

The driver of a vehicle approaching an intersection or crosswalk where a pedestrian guided by an assistance animal is crossing or attempting to cross shall take necessary precautions to avoid injuring or endangering the pedestrian.

If at trial determined that collision caused serious bodily injury or death to a blind person, the offense is a misdemeanor punishable by:

  • a fine of not more than $500; and
  • 30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year
  • portion of the community service required shall include sensitivity training

V. T. C. A., Transportation Code § 552.010

 

 

Fraudulent Representation 

A person who uses a service animal with a harness or leash of the type commonly used by persons with disabilities who use trained animals, in order to represent that his or her animal is a specially trained service animal when training has not in fact been provided, is guilty of a misdemeanor and on conviction shall be punished by:

(1) a fine of not more than $300; and

(2) 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year.

V. T. C. A., Human Resources Code § 121.006 

Utah

Definitions

Defined under Chapter 5B - Rights and Privileges of a Person with a Disability:

“Service animal” includes any dog that:

  • is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability
  • performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including
  • assisting an individual who is blind or has low vision with navigation or other tasks
  • alerting an individual who is deaf or hard of hearing to the presence of people or sounds
  • providing non-violent protection or rescue work
  • pulling a wheelchair
  • assisting an individual during a seizure
  • alerting an individual to the presence of an allergen
  • retrieving an item for the individual
  • providing physical support and assistance with balance and stability to an individual with a mobility disability
  • helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors

“Service animal” does not include:

  • an animal other than a dog, whether wild or domestic, trained or untrained
  • an animal used solely to provide:
    • a crime deterrent
    • emotional support
    • well-being
    • comfort
    • companionship

U.C.A. 1953 § 62A-5b-102 

SDIT Covered?

Yes. A person who is not a person with a disability has the right to be accompanied by an animal that is in training to become a service animal or a police service canine.

U.C.A. 1953 § 62A-5b-104

Accommodation Law

A person with a disability has the right to be accompanied by a service animal, unless the service animal is a danger or nuisance to others as interpreted under the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.

A person accompanied by a service animal is encouraged to identify the animal by exhibiting one or more of the following:

(a) the animal's laminated identification card;

(b) the animal's service vest; or

(c) another form of identification.

U.C.A. 1953 § 62A-5b-104

Any person, or agent of any person, who denies or interferes with the rights provided in this chapter is guilty of a class C misdemeanor.

U.C.A. 1953 § 62A-5b-106

Harassment of/Interference with Service Dogs

Substantial bodily injury or death to service animal:

It is a class A misdemeanor for a person to knowingly, intentionally, or recklessly cause substantial bodily injury or death to a service animal.

It is a class A misdemeanor for a person who owns, keeps, harbors, or exercises control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient control over the animal to prevent it from causing:

  • any substantial bodily injury or the death of a service animal; or
  • the service animal's subsequent inability to function as a service animal as a result of the animal's attacking, chasing, or harassing the service animal.

U.C.A. 1953 § 76-9-307

Harassing a service animal:

It is a class B misdemeanor for a person to chase or harass a service animal.

It is a class B misdemeanor for a person who owns, keeps, harbors, or exercises control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient control over the animal to prevent it from chasing or harassing a service animal while it is carrying out its functions as a service animal, to the extent that the animal temporarily interferes with the service animal's ability to carry out its functions.

U.C.A. 1953 § 76-9-307

Restitution

In addition to any other penalty, a person convicted of any violation of this section is liable for restitution to the owner of the service animal or the person with a disability whom the service animal serves for the replacement, training, and veterinary costs incurred as a result of the violation of this section.

U.C.A. 1953 § 76-9-307

Theft/loss of service animal:

A person with a disability who uses a service animal, or the owner of a service animal has a cause of action for economic and noneconomic damages against:

  • any person who steals or, without provocation, attacks the service animal; and
  • the owner or keeper of any animal that without provocation attacks a service animal due to the owner's or keeper's negligent failure to exercise sufficient control over the animal to prevent the attack.

U.C.A. 1953 § 78B-3-702

Right to kill dog attacking service animal:

Notably, another section provides that any person may injure or kill a dog while the dog is attacking, chasing, or worrying a service animal, as defined in Section 62A-5b-10.

U.C.A. 1953 § 18-1-3

Driving Law         

The operator of a vehicle shall yield the right-of-way to a blind or visually impaired pedestrian accompanied by a guide dog specially trained for that purpose and equipped with a harness.

A person who fails to yield the right-of-way is liable for any loss or damage which results as a proximate cause of the failure to yield the right-of-way to blind or visually impaired persons.

U.C.A. 1953 § 41-6a-1007

 

Service Dog Fraud

A person is guilty of a class B misdemeanor if:

(a) the person intentionally and knowingly falsely represents to another person that an animal is a service animal as defined in Section 62A-5b-102; or

(b) the person knowingly and intentionally misrepresents a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as a service animal as defined in Section 62A-5b-102.

U.C.A. 1953 § 62A-5b-106 

Vermont

Definitions

Under Subchapter 1, Cruelty to Animals:

“Guide dog” means a dog, whose status is reasonably identifiable individually trained to do work or perform tasks for the benefit of an individual with a disability for purposes of guiding an individual with impaired vision, alerting an individual with impaired hearing to the presence of people or sounds, assisting an individual during a seizure, pulling a wheelchair, retrieving items, providing physical support and assistance with balance and stability, and assisting with navigation.

13 V.S.A. § 355

SDIT Covered?

Yes. An owner or operator of a place of public accommodation or his or her employee or agent shall not prohibit from entering a place of public accommodation:

(1) an individual with a disability accompanied by a service animal; or

(2) an individual who is training an animal to perform as a service animal for an individual with a disability.

9 V.S.A. § 4502

Accommodation Law

Public accommodations law:

An owner or operator of a place of public accommodation or his or her employee or agent shall not prohibit from entering a place of public accommodation:

  • An individual with a disability accompanied by a service animal
  • An individual who is training an animal to perform as a service animal for an individual with a disability

9 V.S.A. § 4502

Civil action:

A person aggrieved by a violation of this chapter may file a charge of discrimination with the human rights commission or may bring an action for injunctive relief and compensatory and punitive damages and any other appropriate relief.

9 V.S.A. § 4506

Criminal penalty:

A person who violates a provision of this chapter shall be fined not more than $1,000.00.

9 V.S.A. § 4507 

Harassment of/Interference with Service Dogs

Cause death to or injure guide dog:

No person shall recklessly injure or cause the death of a guide dog, or recklessly permit a dog he or she owns or has custody of to injure or cause the death of a guide dog. A person who violates this subsection shall be imprisoned not more than two years or fined not more than $3,000.00, or both.

Interference with guide dog by other dog after notice:

No person who has received notice or has knowledge that his or her behavior, or the behavior of a dog he or she owns or has custody of; is interfering with the use of a guide dog shall recklessly continue to interfere with the use of a guide dog, or recklessly allow the dog he or she owns or has custody of to continue to interfere with the use of a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

Interference with guide dog:

No person shall recklessly interfere with the use of a guide dog, or recklessly permit a dog he or she owns or has custody of to interfere with a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection commits a civil offense and shall be:

(1) for a first offense, fined not more than $100.00.

(2) for a second or subsequent offense, fined not more than $250.00.

13 V.S.A. § 355

Driving Law         

Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog, drivers approaching intersection or crossing place must bring vehicles to a full stop before arriving, and before proceeding must take necessary precautions to avoid injuring the pedestrian.

23 V.S.A. § 1057

  

Virginia

Definitions

Under criminal interference law:

Guide or leader dog” means a dog that:

  • serves as a dog guide for a blind person as defined
  • serves as a listener for a deaf or hard-of-hearing person as defined
  • provides support or assistance for a physically disabled or handicapped person

Va. Code Ann. § 3.2-6588

Under Chapter 9 - Rights of Persons with Disabilities:

“Hearing dog” means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond.

“Service dog” means a dog trained to do work or perform tasks for the benefit of a mobility-impaired or otherwise disabled person. The work or tasks performed by a service dog shall be directly related to the individual's disability or disorder. Examples of work or tasks include providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items, carrying items, providing physical support and assistance with balance and stability, and preventing or interrupting impulsive or destructive behaviors. The provision of emotional support, well-being, comfort, or companionship shall not constitute work or tasks for the purposes of this definition.

“Three-unit service dog team” means a team consisting of a trained service dog, a disabled person, and a person who is an adult and who has been trained to handle the service dog.

Va. Code Ann. § 51.5-40.1

SDIT Covered?

Yes. The provisions of this section shall apply to persons accompanied by a dog that is in training, at least six months of age, and is (i) in harness, provided such person is an experienced trainer of guide dogs or is conducting continuing training of a guide dog; (ii) on a blaze orange leash, provided such person is an experienced trainer of hearing dogs or is conducting continuing training of a hearing dog; (iii) in a harness, backpack, or vest identifying the dog as a trained service dog, provided such person is an experienced trainer of service dogs or is conducting continuing training of a service dog; (iv) wearing a jacket identifying the recognized guide, hearing or service dog organization, provided such person is an experienced trainer of the organization identified on the jacket; or (v) the person is part of a three-unit service dog team and is conducting continuing training of a service dog.

Va. Code Ann. § 51.5-44

Accommodation Law

Every totally or partially blind person shall have the right to be accompanied by a dog, in harness, trained as a guide dog, every deaf or hearing-impaired person shall have the right to be accompanied by a dog trained as a hearing dog on a blaze orange leash, and every mobility-impaired or otherwise disabled person shall have the right to be accompanied by a dog, trained as a service dog, in a harness, backpack, or vest identifying the dog as a trained service dog, in any of the places listed in the law.

Va. Code Ann. § 51.5-44

Any circuit court having jurisdiction and venue on the petition of any person with a disability, shall have the right to enjoin the abridgement of rights set forth in this chapter and to order such affirmative equitable relief as is appropriate and to award compensatory damages and to award to a prevailing party reasonable attorneys' fees.

Va. Code Ann. § 51.5-46

Harassment of/Interference with Service Dogs

Class 3 misdemeanor to, without just cause, willfully impede or interfere with the duties performed by a dog if the person knows or has reason to believe the dog is a guide or leader dog.

Class 1 misdemeanor to, without just cause, willfully injure a dog if the person knows or has reason to believe the dog is a guide or leader dog.

Va. Code Ann. § 3.2-6588

 

Driving Law         

Drivers approaching a totally or partially blind pedestrian using a dog guide shall take all necessary precautions to avoid injury.

Driver who fail to take such precautions shall be liable in damages for any injury caused such pedestrian and dog guide.

Va. Code Ann. § 46.2-932.1

Drivers approaching totally or partially blind pedestrian crossing or attempting to cross a highway guided by a dog guide must make full stop before arriving at such intersection/crossing place.

Violation is a Class 3 misdemeanor.

Va. Code Ann. § 46.2-933

Licensing Law    

No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person, that is trained and serves as a hearing dog for a deaf or hearing-impaired person, or that is trained and serves as a service dog for a mobility-impaired or otherwise disabled person.

As used in this section, “hearing dog,” “mobility-impaired person,” “otherwise disabled person,” and “service dog” have the same meanings as assigned in § 51.5-40.1.

Va. Code Ann. § 3.2-6528

 

Service Dog Fraud

Any person who knowingly and willfully fits a dog with a harness, collar, vest, or sign, or uses an identification card commonly used by a person with a disability, in order to represent that the dog is a service dog or hearing dog to fraudulently gain public access for such dog pursuant to provisions in § 51.5-44 is guilty of a Class 4 misdemeanor.

Va. Code Ann. § 51.5-44.1 

 

Washington

Definitions

Under interfering with dog guide or service animal law:

"Dog guide” means a dog that is trained or in training for the purpose of guiding blind persons or a dog trained or in training for the purpose of assisting hearing impaired persons.

“Service animal” means an animal that is trained or in training for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.

West's RCWA 9.91.170

Under discrimination law:

“Dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.

“Service animal” means an animal that is trained for the purpose of assisting or accommodating a sensory, mental, or physical disability of a person with a disability.

West's RCWA 49.60.040

“Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Except as provided in subsection (2) of this section, other species of animals, whether wild or domestic, trained or untrained, are not service animals. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.

West's RCWA 49.60.218

Under "White Cane Law":

For the purpose of this chapter, "service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.

West's RCWA 70.84.020

For the purpose of this chapter, "service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.

West's RCWA 70.84.021

 

Accommodation Law

The right to be free from discrimination because of the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right.

Any person injured by any act in violation shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages or any other appropriate remedy authorized.

West's RCWA 49.60.030

It shall be an unfair practice to commit an act which directly or indirectly results in any distinction, restriction, or discrimination on the basis of the use of a dog guide or service animal by a person with a disability.

A food establishment shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.

West's RCWA 49.60.218

 

Harassment of/Interference with Service Dogs

Interference with service animal:

Misdemeanor to continue, after notice, with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal.

Second or subsequent violation of this subsection is a gross misdemeanor.

Also applies where person allows his or her dog to interfere with the use of a dog guide or service animal.

Reckless injury to service animal:

Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal, or allows his or her dog to do so, is guilty of a gross misdemeanor.

Intentional injury or death to service animal:

Any person who intentionally injures, disables, or causes the death of a dog guide or service animal is guilty of a class C felony.

Unauthorized control over service animal:

Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the intent to deprive the dog guide or service animal user of his or her dog guide or service animal is guilty of theft in the first degree.

Restitution for all offenses includes:

  • value of the replacement of an incapacitated or deceased dog guide or service animal
  • the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal
  • all related veterinary and care expenses
  • medical expenses of the dog guide or service animal user
  • training of the dog guide or service animal user
  • compensation for wages or earned income lost by the dog guide or service animal user

West's RCWA 9.91.170

Provision also under discrimination chapter:

A person who negligently or maliciously kills or injures a dog guide or service animal is liable for a penalty of $1,000 to be paid to the user of the animal. The penalty shall be in addition to and not in lieu of any other remedies or penalties, civil or criminal, provided by law.

A user or owner of a dog guide or service animal, whose animal is negligently or maliciously injured or killed, is entitled to recover reasonable attorneys' fees and costs incurred in pursuing any civil remedy.

West's RCWA 49.60.370

Driving Law         

The driver of a vehicle approaching a totally or partially blind pedestrian, hearing impaired pedestrian, or a person with physical disabilities using a dog guide/service animal shall take all necessary precautions to avoid injury to such pedestrian.

Any driver who fails to take such precaution shall be liable in damages for any injury caused such pedestrian. It shall be unlawful for the operator of any vehicle to drive into or upon any crosswalk while such pedestrian using a dog guide/service animal is crossing.

West's RCWA 70.84.040 

Licensing Law    

A county, city, or town shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her dog guide, or a request by a physically disabled person not to be charged a fee to license his or her service animal.

West's RCWA 49.60.380

 

Service Dog Fraud 

It shall be unlawful for any pedestrian who is not totally or partially blind, hearing impaired, or otherwise physically disabled to use a dog guide/service animal in any of the places, accommodations, or conveyances listed for the purpose of securing the rights and privileges accorded by the chapter to totally or partially blind, hearing impaired, or otherwise physically disabled people.

West's RCWA 70.84.060

West Virginia

Definitions

A “service animal” means any guide dog, signal dog or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items.

W. Va. Code, § 5-15-3 

SDIT Covered?

Yes. The rights, privileges and responsibilities provided by this section also apply to any person who is certified as a trainer of a service animal while he or she is engaged in the training.

W. Va. Code, § 5-15-4

Accommodation Law

Every person who is blind, every person with a hearing impairment and every person with a disability shall have the right to be accompanied by a service animal in any of the places, accommodations or conveyances specified.

A service animal as defined is not required to be licensed or certified by a state or local government, nor shall there be any requirement for the specific signage or labeling of a service animal.

W. Va. Code, § 5-15-4

Violation is misdemeanor with a fine of up to $50.

W. Va. Code, § 5-15-8

 

Driving Law         

The driver of a vehicle approaching a pedestrian who is blind or who has a disability and who knows, or in the exercise of reasonable care should know, that the pedestrian is blind because the pedestrian is using a service animal or otherwise, shall exercise care commensurate with the situation to avoid injuring the pedestrian or the service animal.

W. Va. Code, § 5-15-5 

Licensing Law    

No head tax may be levied against any guide or support dog especially trained for the purpose of serving as a guide, leader, listener or support for a blind person, deaf person or a person who is physically or mentally disabled because of any neurological, muscular, skeletal or psychological disorder that causes weakness or inability to perform any function. Guide or support dogs must be registered as provided by this section.

W. Va. Code, § 19-20-2 

Service Dog Fraud

The states prohibits any person from falsely representing that an animal is a service animal in order to obtain any right or privilege. Such person is guilty of a misdemeanor and, upon conviction, shall be fined not more than $200 or confined in jail for not more than 10 days, or both fined and confined.

W. Va. Code, § 5-15-9

Wisconsin

Definitions

Under cruelty laws:

“Service dog” means a dog that is trained for the purpose of assisting a person with a sensory, mental, or physical disability or accommodating such a disability.

W. S. A. 951.01

SDIT Covered?

Yes. No person may refuse to permit entrance into, or use of, or otherwise deny the full and equal enjoyment of any public place of accommodation or amusement to a person with a disability or to a service animal trainer because the person with a disability or the trainer is accompanied by a service animal.

Provisions only apply to service animal trainer if the animal accompanying the service animal trainer is wearing a harness or a leash and special cape.

W. S. A. 106.52

Accommodation Law

Public accommodation:
 
No person may refuse to permit entrance into, or use of, any public place of accommodation to person with a disability with a service animal, with exceptions.

A person who willfully violates this paragraph shall, for the first violation, forfeit not less than $100 nor more than $1,000 with penalty enhancements for violations occurring within 5 years. 

Harassment of/Interference with Service Dogs

No person, after receiving a notice, may do any of the following:

Interference with service dog:

  • Recklessly interfere with the use of the service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user (class B misdemeanor).
  • Intentionally interfere with the use of the service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user (class A misdemeanor).

Allow dog to interfere with service dog:

  • Recklessly allow his or her dog to interfere with the use of a service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user (class B misdemeanor).
  • Intentionally allow his or her dog to interfere with the use of a service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user (class A misdemeanor).

Injure a service dog:

  • Recklessly injure a service dog or recklessly allow his or her dog to injure a service dog (class A misdemeanor).
  • Intentionally injure a service dog or intentionally allow his or her dog to injure a service dog (Class I felony).

Kill a service dog:

  • Recklessly cause the death of a service dog (Class I felony).
  • Intentionally cause the death of a service dog  (Class H felony).

Steal a service dog or take possession:

Take possession of or exert control over a service dog without the consent of its owner or user and with the intent to deprive another of the use of the service dog (Class H felony).

W. S. A. 951.097

(Penalties, which include "pecuniary loss," are provided in W. S. A. 951.18

Driving Law         

An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian who is using a service animal, and shall take such precautions as may be necessary to avoid accident or injury to the pedestrian.

W. S. A. 346.26

  

Wyoming

Definitions

"Assistance animal” means an animal that works, provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability.

“Service animal” means as defined in 28 C.F.R. 35.104 and 28 C.F.R. 36.104 and includes service miniature horses pursuant to 28 C.F.R. 35.136 and 28 C.F.R. 36.302(c).

W. S. 1977 § 35-13-205 

 

Accommodation Law

Any blind, visually impaired, deaf, hearing impaired person or other person with a disability may be accompanied by a service animal in any facility of a public entity in accordance with 28 C.F.R. 35.136 and any place of public accommodation in accordance with 28 C.F.R. 36.302(c).

W.S.1977 § 35-13-201

Any person violating this section is subject to a fine not to exceed $750.00.

W. S. 1977 § 35-13-203 

Harassment of/Interference with Service Dogs

Any person who knowingly, willfully and without lawful cause or justification inflicts, or permits or directs any animal under his control or ownership to inflict, serious bodily harm, permanent disability or death upon any service animal or assistance animal is guilty of a misdemeanor punishable by imprisonment for not more than 6 months, a fine of not more than $750.00, or both.

Must also pay restitution, which includes:

  • Related veterinary or medical bills;
  • The cost of replacing the service animal or assistance animal or retraining an injured service animal or assistance animal; and
  • Any other expense reasonably incurred as a result of the offense.

W. S. 1977 § 35-13-206 

Driving Law         

The driver of a vehicle approaching a blind, partially blind, deaf or hearing impaired pedestrian using a guide dog shall take all necessary precautions to avoid injury to the pedestrian.

Any driver failing to take these precautions is liable in damages for any injury caused the pedestrian.

W. S. 1977 § 35-13-202

 

Service Dog Fraud

Any person who knowingly and intentionally misrepresents that an animal is a service animal or an assistance animal for the purpose of obtaining any of the rights or privileges set forth in this article is guilty of a misdemeanor and may be fined not more than $750.00.

W. S. 1977 § 35-13-203

 

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