Guide Dogs and the Law: Access Statutes
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Check out Individual State and Canadian Province access
laws.
Alabama Access Statutes |
Act 869, Alabama Statutes of 1975,
Sections 21-7-1 through 21-7-10, Chapter 7
Alabama statutory law guarantees a blind person the
legal right to be accompanied by a specially trained
dog guide in all public accommodations and
conveyances. No additional charge can be levied
because of the presence of the dog, but the dog
guide user is liable for any property damage
attributable to the dog.
Public accommodations for the purpose of this
statute include such places as hotels, restaurants,
stores, public buildings, places of amusement and
recreation and any other facilities to which the
public is invited. (21-7-3, 21-7-2)
Conveyances include airplanes, trains, buses, boats,
public elevators and all other transportation
services offered for public use. (21-7-3)
Housing, except for rented rooms in a private
dwelling, cannot be denied to a dog guide user
either because of his or her blindness or because he
or she has a dog guide. The landlord, however, is
not responsible for modifying the premises in any
way. (21-7-9)
Violation: Any person, firm, corporation or agent
thereof who violates the above enumerated rights is
guilty of a misdemeanor and subject to appropriate
penalty. (21-7-5)
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Alaska
Access Statutes |
Alaska Statutes of 1988; Code of Civil
Procedure Sections 09.65.150 and 11.76.130
The State of Alaska guarantees by statute the legal right of
a blind person to be accompanied by a specially trained dog
guide in a common carrier, place of public accommodation, or
other place to which the public is invited. No charge can be
levied because of the presence of the dog, but the dog guide
user is liable for any property damage the dog might cause.
Violation: Interference with the rights of a disabled person
is a Class B misdemeanor. |
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Arizona
Access Statutes |
Arizona Statutes of 1965, amended in 1979,
1981, and 1992, Section 11-1024
Arizona statutory law guarantees a blind
person the legal right to be accompanied by a dog guide in
any place to which the public is invited. The same right
exists in regard to common carriers. No extra charge can be
levied because of the dog's presence, but the dog guide user
is liable for any damages caused by the dog to the premises.
Public places include restaurants, cafes,
hotels, motels, stores, places of amusement and all other
facilities open to the public except zoos and wild animal
parks, which may exclude dog guides under certain specified
conditions. (11-1024-A) A proprietor may
request that the dog guide user present the identification
card provided to him or her by the school from which the dog
was obtained. (11-1024-B) Common carriers
include trains, buses, taxis, airplanes, etc. (11-1024A)
The driver of a vehicle must yield the
right-of-way to a pedestrian with a dog guide. (11-1024D)
Violation: Any person, firm, association,
corporation or agent thereof who interferes with the above
enumerated rights is guilty of a Class 1 misdemeanor and
punishable under Arizona State Law. (11-1024G)
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Arkansas
Access Statutes |
Arkansas Act 484 of 1973, Chapter 29,
Sections 82-2901 through 82-2907
Arkansas statutory law guarantees a blind
person the legal right to equal opportunity in the areas of
housing, employment, and the use of public accommodations
and public carriers. It further guarantees the right of a
blind person to be accompanied by a specially trained dog
guide in the enjoyment of these rights and privileges. The
dog guide user cannot be charged an extra fee because of the
dog's presence, but the dog guide user is liable for any
damage the dog might cause to the premises.
The right to employment, which the statute
ensures, covers jobs in state government or political
subdivisions of Arkansas, including schools and fields of
academic activity receiving state funding. The only
employment circumstances not covered are those where a
physical disability makes it impossible to meet the job
requirements. (82-2901) The right to "equal
accommodations" extends to all housing, except for private
single family dwellings, a portion of which are made
available for rent. The landlord is not required to modify
the accommodations or to assume a higher standard of care.
(82-2903, 82-2904) Public accommodations,
for the purpose of this Act, include hotels, places of
resort and recreation, public buildings, restaurants, and
all other places to which the public is invited. (82-2901,
82-2902, 82-2903, 82-2904) Common carriers
and conveyances include all modes of transportation open to
public use, whether by air, land, or water. (82-2901,
82-2903, 82-2904) Violation: Any person,
firm, corporation or agent thereof who violates the above
rights is guilty of a misdemeanor. (82-2906)
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California
Access Statutes |
California Statutes of 1968,
Chapter 461, Part 2.5 of California Civil Code,
Sections 54 through 54.7, and Sections 55 and 55.1,
amended 1969, 1972, 1974, 1976, 1977, 1978, 1979,
1980, 1981, 1983, and 1989
California law guarantees a blind person the legal
right to be accompanied by a specially trained dog
guide in all public accommodations and on all public
transportation. Also guaranteed is the right of a
dog guide user to equal availability to commercial
housing, but the landlord is not required to modify
the premises or to maintain a higher standard of
care than he provides other tenants. No extra charge
can be levied by a public accommodation, common
carrier, or landlord because of the dog guide's
presence, and the dog guide user is liable for any
property damage caused by the dog. For purposes of
California state income tax, all costs for the
maintenance of a dog guide are deductible as medical
expenses. Public accommodations
include hotels, motels, restaurants, stores, places
of resort and recreation, and all other places to
which the public is invited. Zoos are the only
exception, but if a zoo excludes dog guides, it must
provide an adequate kennel area for housing the dog
guides, and must provide a sighted escort if the dog
guide user is not accompanied by a sighted person.
(54.1, 54.7) Common carriers or
public transportation include airplanes, trains,
taxis, buses, and all other forms of transportation
offered for public use. (54.1)
Housing includes all property offered for rent or
use, except private single family dwellings of no
more than one room for rent. (54.1)
Violation: The above enumerated rights
are enforceable under the provisions of the
California Civil Rights Code. (54.3, 55, 55.1) The
prevailing party in the action shall be entitled to
recover reasonable attorneys' fees.
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Colorado
Access Statutes |
Colorado Revised Statute 1973,
Section 40-09-109 (amended 1986) and CRS 1963
(amended 1971, 1979, and 1986), Part 8, Section
24-34-801 (1)a through f and 2(a) and b; Section
24-34-802 - penalty.
Colorado law guarantees a blind person the legal
right to be accompanied by a specially trained dog
in all public accommodations and on all common
carriers. No extra charge can be levied because of
the dog's presence, but the dog guide user is liable
for any damage the dog might cause to the premises.
Public accommodations include public
facilities, hotels, restaurants, stores, grocery
stores, places of resort and amusement, and any
other place to which the public is invited.
(24-34-801 (1)c and (1)d) Common
carriers include airplanes, boats, buses, trains,
and any other conveyances offered for public use.
(24-34-801 (1)d) Violation: Any
person, firm, or corporation or agent thereof who
interferes with the above enumerated rights is
guilty of a misdemeanor and punishable by a fine not
to exceed $100, or confinement in jail for not more
than 60 days, or both. (24-34-802)
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Connecticut
Access Statutes |
Chapter 435, Section 46a-44,
1991 Connecticut Statutes
guarantee a blind person the legal right to be
accompanied by a specially trained dog guide in all
public accommodations and on all forms of public
transportation. The dog must be in harness and in
the direct custody of the individual. Also, a dog
guide user has a legal right of access to all
housing and public and commercial buildings, and
cannot be discriminated against because of his or
her dog in renting or purchasing housing or
commercial space, including mobile home parks. No
extra charge can be levied because of the dog's
presence. A landlord, however, is not responsible
for modifying the premises or maintaining a higher
standard of care than provided other tenants, and
the dog guide user is responsible for any damage to
property that the dog may cause. No
fee can be charged for licensing a dog guide, but
the first time a dog guide is registered, the town
clerk should be shown written evidence, such as an
identification card, that the dog has been specially
trained. ( 22-340) Public
accommodations include hotels, inns, restaurants,
stores, places of amusement, public buildings, and
any other facility offered to the public. The dog
guide shall be in the direct custody of its owner
and shall be wearing a harness or orange-colored
leash and collar. (46a-44) Public
transportation includes trains, buses, and all other
modes of transit offered for public use. (46a-44)
Housing or property includes publicly
assisted housing and commercial property, except
two-family houses in which the owner or his family
reside, or a private dwelling in which the owner
lives but also rents rooms. The statute covers
mobile home parks, and deals with both sales and
rentals. (46-44b) Violation:
Violation of the above rights is punishable as a
Class C misdemeanor. Penalties can include fines of
not more than $100 and/or 60 days imprisonment
(46-44c)
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Delaware
Access Statutes |
Delaware Statutes, Title 16,
Chapter 95, Sections 9501 through 9506; Title 31
(amended 1984), Section 2117
Delaware Statutes guarantee a blind person the legal
right to be accompanied by a specially trained dog
guide in all places and conveyances open to the
general public. The only limitation is that a dog
can be excluded where a "Clear Danger" or harm to
others can be established. Also guaranteed to a dog
guide user is the legal right to equal accommodation
in all housing. No extra charge can be levied
because of the dog's presence, but the dog guide
user is liable for any damage the dog may cause to
the premises. No modification of the premises is
required, nor a higher standard of care necessary,
other than that provided to other patrons and
tenants. Public places or
accommodations include hotels, restaurants, stores,
places of resort or amusement, and all other places
to which the general public is invited. (Title 16,
9502) Public conveyances include
trains, buses, taxis, and all modes of
transportation offered for public use. (Title 16,
9502) Housing covers all
accommodations for rent or lease, except single
family private dwellings. (Title 16, 9505)
Violation: Any person, firm,
corporation or agent thereof who interferes with the
above legally established rights is guilty of a
misdemeanor and is punishable by a fine not to
exceed $100 for each offense, or up to three months
in jail, or both. (Title 16, 9506; Title 31, 2117)
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District of Columbia
Access Statutes |
Human Rights Act of 1977, Title 6,
Chapter 22; Title 6, Chapter 17, Sections 6-701
through 6-1709 District of Columbia
law guarantees a blind person the legal right to be
accompanied by a specially trained dog guide in its
public buildings and its public facilities, and in
all public accommodations and on all public
conveyances. The right to equal accommodation in all
housing also is guaranteed to a dog guide user. No
additional charge can be levied because of the dog's
presence, but the dog guide user is liable for any
damage the dog may cause to the premises. Landlords
are not required to modify the premises, nor are
they responsible for maintaining a higher degree of
care than that provided other tenants.
With the exclusion of the U.S. Federal
Government, the District of Columbia prohibits all
employers, including its own various branches, from
employment discrimination because of blindness or
visual impairment. Public
accommodations include hotels, restaurants, stores,
places of resort and amusement, and all other places
to which the general public is invited. (6-1702,
6-2202, 6-2241) Public conveyances
include boats, trains, buses, streetcars, taxis,
airplanes, and all other modes of transportation
offered for public use. (6-1702, 6-2241)
Housing includes all accommodations
offered for rent, lease or compensation within the
jurisdiction of the district. (6-1706, 6-2231)
Violation: Any person or agent thereof
who denies or interferes with the above legally
established rights is punishable with imprisonment
up to 90 days, or a fine not to exceed $300, or
both. (6-1707)
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Florida
Access Statutes |
Florida Statutes, Section 413.08 (1) through
(8), enacted 1971, amended 1973, 1974, 1977, 1979, 1982,
1983, 1985, 1987, 1989, 1990, and 1991
Florida statutory law guarantees a blind person the legal
right to be accompanied by a specially trained dog guide in
all public accommodations and on all pubic conveyances.
Florida statutory law also guarantees a dog guide user the
legal right to equal accommodation in all housing. No extra
fee can be levied because of the dog's presence, but the dog
guide user is liable for any property damage the dog might
cause. Landlords are not required to modify the premises nor
are they responsible for maintaining a higher standard of
care than that provided to other tenants.
Housing accommodation covers any real property or portion
thereof that is offered for rent, lease or compensation as a
residence or sleeping place, but does not include private
single family dwellings in which the occupants have offered
no more than one room for rent. (413.08 (4)a, b, and c)
Public conveyances include all common
carriers, airplanes, boats, trains, buses, taxis, and any
other mode of transportation offered for public use. (413.08
(1)a) Public accommodations include hotels,
lodging places, restaurants, stores, places of resort and
amusement, and any other place to which the general public
is invited. (413.08 (1)a) Any trainer of a
dog guide, while engaged in the training of such dog, has
the same rights and privileges with respect to access to
public facilities. (Amendment 413.08 (7))
Violation: Any person, firm, corporation, or agent thereof
who denies or interferes with the above enumerated rights is
guilty under Florida law of a second class misdemeanor and
punishable in accordance therewith. (413.08 (2)
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Georgia Access Statutes |
Georgia Laws of 1991, Title 30,
Chapter 4, Sections 30-4-1 through 30-4-3
Georgia statutory law guarantees a
blind person the legal right to be accompanied by a
specially trained dog guide in all public
accommodations and on all common carriers. Also
guaranteed by Georgia law is the legal right of a
dog guide user to equal accommodation in all
housing. No extra charge can be levied because of
the dog guide's presence, but the dog guide user is
liable for any damage to the premises that the dog
might cause. Landlords are not required to modify
the premises, nor are they responsible for
maintaining a higher degree of care than that
provided other tenants. Dog guide
users employed in vending stands have a legal right
to have their dog with them, with the limitation
that the dog cannot be within 25 feet of the food
being vended. (30-4-1) Common
carriers include boats, airplanes, trains, buses,
taxis, and any mode of transportation offered for
public use. (30-4-1) Public
accommodations include hotels, restaurants, stores,
places of resort or amusement, and any other place
to which the general public is invited. (30-4-1)
Housing includes all property offered
for rent, lease, or purchase, but does not include
single family dwellings with no more than one room
for rent. (30-4-2) Violation: Any
person, firm, corporation or agent thereof who
denies or interferes with the above enumerated
rights is guilty of a misdemeanor and punishable by
a fine not to exceed $100, or by imprisonment for
not more than 10 days, or both. (30-4-3)
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Hawaii
Access Statutes |
Hawaii Revised Statutes, Sections 347-13, 347-13.5, 347-14, and
347-19; Hawaii Quarantine Policy No. A1-13, amended 7/17/80
Hawaii law guarantees the legal right of a blind person to be accompanied by a
specially trained dog guide in all places of public accommodation and on all
common carriers. No extra charge can be levied because of the dog's presence,
but the dog guide user is liable for any damage the dog might cause to the
premises. Public accommodations include hotels, lodging places,
restaurants, stores, places of resort and amusement and all other places to
which the general public is invited. (347-13) Common carriers
include airplanes, boats, buses, taxis, and any other mode of transportation
offered for public use. (347-13) Suits by individuals;
jurisdiction; venue: Any person injured by a violation of 347-13 may bring a
civil action to recover three times the person's actual damages or $1,000,
whichever sum is greater, for each violation. Any person bringing such an action
shall also be entitled to recover the person's costs, together with reasonable
attorneys' fees. An action under this section shall be brought in the circuit
court of the district in which the violation is alleged to have occurred.
Violation: Any person, agent or corporation or agent thereof who
violates the above rights is punishable under Hawaiian law. The Statute
specifies that an official of a common carrier may be fined up to $1,000, and
may be imprisoned for interfering with these rights. (347-14)
Quarantine: There is a 120-day quarantine on all dogs entering Hawaii, including
dog guides. The quarantine station, however, has two cottages available for use
by dog guide users. Applications for their occupancy must be sent to the
superintendent of the quarantine station and they will be assigned on a
first-come, first-served basis. Dog guides may stay with their owners in these
cottages, and can be worked on the quarantine station grounds. The dog guide
user may enter and leave the station at any time, but the dog guide must be
confined to the station during the quarantine period. The cost is limited to the
regular charge levied for quarantining other dogs. (Policy No. A1-13)
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Idaho
Access Statutes |
daho Code, Title 56, Chapter 7, Sections 56-701 through 56-707,
amended 1984 Idaho Statutory law guarantees a blind person the
legal right to be accompanied by a specially trained dog guide in all public
accommodations and on all common carriers. No extra charge can be levied because
of the dog's presence, but the dog guide user is liable for any property damage
the dog might cause. A blind person also has a legal right to
equal employment opportunity in state service or in the service of the political
subdivisions, including public schools, and in all other employment supported in
whole or in part by public funds. (56-707) Public
accommodations include hotels, lodging places, restaurants, stores, places of
resort and amusement, and all other places to which the public is invited.
(56-703, 56-704) Common carriers include airplanes, buses,
trains, taxis, boats, and all other modes of transportation offered for public
use. (56-703, 56-704) Violation: Any person, firm, corporation
or agent thereof who interferes with the above enumerated rights is guilty of a
misdemeanor and punishable accordingly. (56-706)
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Illinois
Access Statutes |
White Cane Law of 1969, Chapter 23, Sections
3361, 3363; Chapter, 38, Paragraph 65-1; Human Rights Act,
Chapter 68, Paragraph 3-104.1; Illinois Vehicle Code,
Chapter 95 1/2, Paragraph 11-1004 Illinois
statutes guarantee a blind person the legal right to be
accompanied by a specially trained dog guide in harness in
all public accommodations and on all common carriers. A dog
guide user also has a legal right to equal housing
accommodation in regard to both rentals and sales. No extra
charge can be levied because of the dog's presence, but the
dog guide user is liable for any damages the dog might cause
to the premises. A blind person also has a legal right to
equal employment in the service of the state or in its
political subdivisions, and in any other employment
supported in whole or part with public funds, unless the
physical disability prevents performance of the work
involved. Public accommodations include
public facilities, hotels, restaurants, stores, places of
amusement and resort, and all other places to which the
public is invited. (Chapter 23, 3363; Chapter 38, Par. 65-1)
Common carriers include trains, airplanes,
boats, buses, taxis, and all other modes of transportation
offered for public use. Common carriers may request
identification and may also request muzzling. (Chapter 23,
3361) Housing includes all rental property
and other real property offered for sale, but there is no
requirement that property be modified nor is the owner
responsible for providing a higher degree of care than that
furnished other persons. (Human Rights Act, Chapter 68, Par.
3-104.1) The driver of a vehicle shall
yield the right-of-way to any blind pedestrian accompanied
by a dog guide. (Chapter 95 1/2, Par. 11-1004)
Violation: Any person, firm, or corporation or
agent thereof who interferes with the above rights is guilty
of a Class C misdemeanor and punishable under the
appropriate civil or criminal statute. (Chapter 38,
paragraph 65-1)
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Indiana
Access Statutes |
Indiana Code, Sections 16-7-5-2 through
16-7-5-7, Section 16-7-5.5-4, amended 1988
Indiana law guarantees a blind person the legal right to be
accompanied by a specially trained dog guide in all public
accommodations, which under previous statutes included all
common carriers. No extra charge can be levied because of
the dog's presence, but the dog guide user is liable for any
damage the dog may do to the premises.
Equal housing accommodations are guaranteed by Indiana law
to dog guide users. (16-7-5.5-4) Public
accommodations include hotels, restaurants, stores, places
of amusement and resort, and all other places or
establishments that cater or offer their services,
facilities, or goods to the general public. (16-7-5-2)
A dog guide trainer, while engaged in the
training process of a dog guide, is entitled to access to
any public accommodation granted by this section, 1988.
(16-7-5-2(d)) Violation: Any person, firm,
or corporation or agent thereof who interferes with the
above enumerated rights commits a Class C infraction and can
be fined up to $100, or imprisoned up to three months, or
both. (16-7-5-3)
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Iowa
Access Statutes |
1987 Code of Iowa, Sections 321.333 and
321.334 (enacted prior to 1946); and Chapter 601D, Sections
601D.1 through 601D.9 (enacted in 1959)
Iowa statutory law guarantees a blind person the legal right
to be accompanied by a specially trained dog guide in all
public accommodations and on all public conveyances. No
extra charge can be levied because of the dog's presence,
but the dog guide user is liable for any damage caused to
the premises by the dog. A blind person has a right to equal
employment opportunity in the service of the state, or its
political subdivisions, or in the public schools and in
other employment supported in whole or part by public funds,
unless the visual impairment prevents performance of the
work involved. Public accommodations
include public facilities, hotels, restaurants, stores,
places of amusement and resort, and all other places to
which the public is invited. (601D.4)
Public conveyances include airplanes, trains, boats, taxis,
elevators, and all other modes of transportation offered for
public use. (601D.3) The driver of a
vehicle shall come to a complete stop for a pedestrian with
a dog guide. (321.333) Violation: Any
person, firm, corporation, or agent thereof who interferes
with the above enumerated rights is guilty of a simple
misdemeanor and punishable accordingly under Iowa law.
Applicable fines are not less than $1 and not more than
$100. (601D.7)
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Kansas
Access Statutes |
K.S.A. 39-1101, Sections 39-1101 through
39-1106, amended in 1981 Kansas statutory
law guarantees a blind person the legal right to be
accompanied by a specially trained dog guide in all public
accommodations and on all common carriers. No extra charge
can be levied because of the dog guide's presence, but the
dog guide user is liable for any damage to the premises that
the dog might cause. It is Kansas state policy to ensure
equal opportunity in employment to blind persons in its
state service, or in the service of its political
subdivisions, in public schools, and in all public
employment supported in whole or in part by public funds,
except where the disability prevents performance of the work
involved. Public accommodations include
public buildings, hotels, lodging places, restaurants,
stores, places of resort and amusement, and all other places
to which the general public is invited. (39-1101, 39-1102)
Common carriers include boats, airplanes,
buses, trains, taxis, and all other modes of transportation
offered for public use. (39-1101, 39-1102)
Violation: Any person, firm, or corporation or agent thereof
who interferes with the above enumerated rights is guilty of
a misdemeanor and punishable accordingly. (39-1103)
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Kentucky
Access Statutes |
Kentucky Revised Statutes of 1990, Chapter
258.500, Sections 1 through 10; Penalty - Chapter 258.991,
Chapter 189.575 Kentucky statutory law
guarantees a blind person the legal right to be accompanied
by a dog guide trained by a recognized dog guide school, in
all public accommodations and on all public transportation.
The dog must be in harness and in the custody of the dog
guide user. The dog guide user can be required to muzzle the
dog guide and must have verification of the dog's training,
such as an identification card issued by the particular
school. The dog may not occupy a seat on a public
conveyance, and the common carrier cannot levy an additional
charge because of the dog guide's presence.
Public accommodations include public
buildings, restaurants, theaters, places of amusement,
stores, hotels, and all places to which the public is
invited. (1) Public transportation includes
trains, buses, airplanes, taxis, public elevators, and all
other common carriers. (2, 3) The operator
of a vehicle shall yield the right-of-way to any blind
pedestrian accompanied by a dog guide. (189.575)
Violation: Any person who violates the above
enumerated rights is punishable by a fine not to exceed
$100, nor less than $25, or imprisonment for not less than
10 days, nor more than 30 days, or both. (Chapter 258.991)
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Louisiana
Access Statutes |
Louisiana White Cane Law: Chapter 23, Acts of
1982, No. 518, Section 1, R.S. 46:1951 through 46:1954;
Penalty - Acts of 1962, Number 33, Section 1, R.S. 21:52,
amended in 1981 Louisiana statutes
guarantee a blind person the legal right to be accompanied
by a dog guide trained by a dog guide school in all places
of public accommodation and on all public conveyances. The
dog may not occupy a seat and the dog guide user should have
his or her identification card (furnished by the school that
trained the dog) with him or her. A dog guide user also has
a legal right to equal housing accommodations in regard to
both rentals and sales. A blind person also
has a legal right to equal employment opportunity in state
service or service of the political subdivision, including
public schools and all other employment supported in whole
or in part by public funds. Public
accommodations include hotels, lodging places, restaurants,
stores, places of resort and amusement, and all other places
to which the public is invited. (R.S. 46:1952)
Public conveyances include trains, buses,
airplanes, taxis, streetcars, boats, and all other common
carriers (R.S. 46:1952) Housing includes
any real property or portion thereof which has been offered
for rent, lease, or compensation as a home, residence, or
sleeping place, but shall not include single family
residences which offer not more than one room for rent,
lease, or furnish for compensation. (R.S. 46:1953)
Violation: Any person, firm, or corporation
who interferes with the above rights is guilty of a
misdemeanor and punishable by a fine not to exceed $500, or
imprisonment not to exceed 90 days, or both. In addition,
the blind individual who has been discriminated against may
sue for $500 damages for each offense in any court of
competent jurisdiction. (R.S. 21:52)
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Maine
Access Statutes |
Model White Cane Law, Chapter 58, Public Laws
of 1971, 17 M.R.S.A., Section 1311 through 1316, amended in
1981 Maine statutory law guarantees a blind
person the legal right to be accompanied by a specially
trained dog guide in all public accommodations and on all
modes of public transportation. No extra charge can be
levied because of the presence of the dog guide, but the dog
guide user is liable for any damages the dog might cause to
the premises. Maine law also ensures the right of a blind
person to equal employment in its state service, the service
of its political subdivisions, in public schools, and in any
employment supported in whole or part by public funds,
unless the visual disability prevents the performance of the
work involved. Public accommodations
include hotels, restaurants, stores, motels, places of
resort and amusement, and all other places to which the
public is invited. (1312) Public
conveyances include boats, trains, buses, streetcars, taxis,
airplanes, and all other modes of transportation offered for
public use. (1312) Violation: Any person,
firm, or corporation or agent thereof who interferes with
the above enumerated rights is guilty of a misdemeanor and
punishable accordingly under Maine law.
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Maryland Access Statutes |
Maryland Statutes: White Cane Law,
amended 1990, Article 30, Section 33; and Article
56, Section 192 Maryland statutory
law guarantees a blind person the legal right to be
accompanied by a specially trained dog guide in all
public accommodations and on all forms of public
transportation. Maryland law also
guarantees equal housing accommodations to a dog
guide user. No extra charge can be levied because of
the dog's presence, but the dog guide user is liable
for any damage the dog might cause to the premises.
A landlord is not required to modify property or to
maintain a higher degree of care than that provided
to other persons. Maryland state policy ensures
equal employment opportunity for blind persons in
its state service, in the services of its political
subdivisions, in public schools, and in employment
supported in whole or part by public funds, except
where a particular disability prevents performance
of the work involved. Maryland
exempts dog guides from a licensing fee. (Article
56, 192) The clerk will be
satisfied that the dog for which the license is
sought is a "dog guide," professionally trained to
aid the blind and actually in use for such purpose.
The license therefor shall be issued without the
payment of any fee and the clerk shall inscribe
across the face of the license in red ink the words,
"Dog guide." Public accommodations
include hotels, restaurants, public buildings,
stores, places of resort and amusement, and all
other places to which the general public is invited.
(Article 30, 33) Public
transportation includes trains, airplanes, boats,
taxis, buses, and all other modes of conveyance
offered for public use. (Article 30, 33)
Housing includes all property offered
for rent, lease or compensation which is designed to
be a home or sleeping place, but does not include a
single family dwelling whose occupants offer no more
than one room for rent. (Article 30, 33)
Violation: Any person, firm or
corporation who interferes with the above enumerated
rights is guilty of a misdemeanor and punishable by
a fine not to exceed $500 for each offense. (Article
30, 33)
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Massachusetts
Access Statutes |
Massachusetts Statutes, Chapter 272-98A;
Chapter 151C, Section 2, Paragraph e, 1972; Chapter 151B,
Section 4; Chapter 90, Section 14A. Massachusetts law
guarantees a blind person the legal right to be accompanied
by a dog guide in all public accommodations and on all
public conveyances. No extra charge can be levied because of
the dog's presence. Muzzling can be required.
A blind person is guaranteed the right under
Massachusetts law to be accompanied by a dog guide in an
educational institution. Public
accommodations include hotels, restaurants, stores, places
of amusement, and all places to which the public is invited.
(Chapter 272-98A) Public conveyances
include trains, airplanes, buses, taxis, and all common
carriers. (Chapter 272-98A) A blind person
with a dog guide is guaranteed equal housing (Chapter 151B,
4). The driver of a vehicle must yield the
right-of-way to a pedestrian with a dog guide.
Violation: A person who interferes with the
rights enumerated above is punishable by a fine not to
exceed $300. (Chapter 272-98A)
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Michigan
Access Statutes |
Michigan statutory law guarantees a blind
person the legal right to be accompanied by a dog guide in
harness in all public accommodations and educational
institutions and on all public conveyances. The dog guide
user can be required to produce identification, such as the
I.D. card furnished by the dog guide school from which the
dog was obtained. Public accommodations
include trains, buses, taxis, elevators, boats, and other
common carriers. (750.502c) Violation: Any
person who interferes with the above enumerated rights is
guilty of a misdemeanor and therefore punishable under
Michigan law. (750.502c)
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Minnesota
Access Statutes |
Minnesota Statutes, Chapter 256C, Sections
256C.01 through 256C.06, amended 1990
Minnesota statutes guarantee a blind person the legal right
to be accompanied by a dog guide in all public
accommodations and on all public conveyances. A dog guide
user also is guaranteed the right to equal accommodation in
housing. No extra charge can be levied because of the dog
guide's presence, but the dog guide user is liable for any
damage the dog guide causes to the premises. A landlord is
not required to modify his property nor maintain a higher
standard of care than that provided other persons. Minnesota
state policy also ensures equal employment opportunity to
blind persons in its state service, or the service of its
political subdivisions, in public schools, and in all
employment supported in whole or part by public funds,
except when the particular disability prevents performance
of the work involved. Public accommodations
include hotels, public buildings, restaurants, places of
resort and amusement, stores, and all other places to which
the public is invited. (256C.02) Public
conveyances include airplanes, boats, taxis, trains, buses,
and all other modes of transportation offered for public
use. (256C.02) Housing includes any real
property offered for rent, lease, or compensation.
(256C.025) The service dog must be capable
of being properly identified as from a recognized school for
Seeing Eye dogs or dog guides. Violation:
Any person or agent thereof who interferes with the above
enumerated rights is guilty of a misdemeanor and punishable
therefor under Minnesota law. (256C.05)
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Mississippi Access
Statutes |
Mississippi Statutes, Code of 1972
(Annotated), Chapters 451 and 515; Chapter 381 Laws
of 1974, Sections 43-6-1 through 43-6-13
Mississippi statutory law guarantees a
blind person the legal right to be accompanied by a
specially trained dog guide in all public
accommodations and on all public transportation. No
extra charge can be levied because of the dog's
presence, but the dog guide user is liable for any
damage the dog might cause to the premises.
Mississippi state policy ensures equal employment
opportunity for blind persons in its state service,
in the service of its political subdivisions, in
public schools and in employment supported in whole
or part by public funds, except when the particular
disability prevents performance of the work
involved. Public accommodations
include hotels, inns, restaurants, stores, places of
resort and amusement, and all places to which the
general public is invited. (Chapter 381, 43-6-5)
Public transportation includes boats,
airplanes, taxis, trains, buses, and all other
common carriers. (Chapter 381, 43-6-5)
Violation: Any person, firm, or
corporation or agent thereof who interferes with the
above enumerated rights is guilty of a misdemeanor
and punishable by a fine not to exceed $100, or
imprisonment for not more than 60 days, or both.
(Chapter 381, 43-6-11)
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Missouri
Access Statutes |
Missouri Statutes, RSMo 1990, Sections
209.150, 209.160, 209.190, 304.080, 304.110; 8.740
Missouri statutory law guarantees a blind
person the legal right to be accompanied by a specially
trained dog guide in all public accommodations and on all
public transportation. A dog guide user also has a legal
right to equal housing accommodation in all housing. No
extra charge can be levied because of the dog's presence,
but the dog guide user is liable for any damage the dog
might cause to the premises. A landlord is not required to
modify the property nor to provide a higher degree of care
than that provided other tenants. Public
accommodations include hotels, stores, restaurants, places
of resort and amusement and all other places to which the
general public is invited. (209.150) Public
transportation includes airplanes, buses, boats, trains,
taxis, and all other modes of conveyance offered for public
use. (209.150) Housing includes any real
property or a portion thereof offered for rent, lease or
compensation as a home, residence, or sleeping place, but
does not include a single family dwelling whose occupants
offer not more than one room for rent. (209.190)
The driver of a vehicle shall yield the
right-of-way to the pedestrian with a dog guide.
The blind vendor who is authorized to operate
vending facilities may keep his dog guide with him on the
property while operating the vending facility. (L.1981S.B
165 9)(8.740) Violation: Any person, firm,
or corporation or agent thereof who interferes with the
above enumerated rights is guilty of a misdemeanor and
punishable accordingly under Missouri law, including a fine
not exceeding $25 and costs of prosecution and, in default
of payment thereof, shall undergo imprisonment not exceeding
10 days. (209.160)
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Montana
Access Statutes |
Montana Statutes, Human Rights Law, passed in 1947 and last
amended in 1991, Sections 49-4-202 through 49-4-217 Montana
statutes guarantee a blind person the legal right to be accompanied by a
specially trained dog guide in all public accommodations and on all public
transportation. A dog guide user also has a legal right to equal housing
accommodation in all housing. No extra charge can be levied because of the dog's
presence, but the dog guide user is liable for any damage the dog might cause to
the premises. A landlord is not required to modify the property nor to provide a
higher degree of care than that provided other persons. Also, Montana state
policy ensures a blind person the right to equal employment opportunity in its
state service, the service of its political subdivisions, the public schools or
employment supported in whole or part by public funds, except when the
particular disability prevents performance of the work involved.
Public accommodations include hotels, public buildings, stores,
places of resort and amusement, and all other places to which the general public
is invited. (49-4-211, 49-4-214) Public transportation includes
trains, airplanes, buses, boats, taxis, and all modes of transportation offered
for public use. (49-4-211, 49-4-214) Housing includes any real
property or portion thereof which has been offered for rent, lease or
compensation as a home, residence or sleeping place, but does not include single
family dwellings, the occupants of which have offered not more than one room for
rent. (49-4-212, 49-4-214) The driver of a vehicle will yield
the right-of-way to a pedestrian with a dog guide. (49-4-216) Violators will be
fined not more than $25. (49-4-217) Violation: Any person,
firm, or corporation or agent thereof who interferes with the rights enumerated
above is guilty of a misdemeanor and punishable accordingly under Montana law.
(49-4-215)
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Nebraska
Access Statutes |
Nebraska Statutes, Chapter 20, Sections 20-126
through 20-133 (enacted in 1971; amended in 1975, 1977,
1978, 1980, and 1983, and reissued in 1987)
Nebraska law guarantees a blind person the
legal right to be accompanied by a specially trained dog
guide in all public accommodations and on all
transportation. A dog guide user has a legal right to equal
housing accommodation in all housing. No extra fee can be
charged because of the dog's presence, but the dog guide
user is liable for any damage the dog might cause to the
premises. A landlord can require a security deposit against
damage, but the deposit cannot exceed one-fourth of one
month's rent. State policy ensures equal employment
opportunity to blind persons in its state service, the
service of its political subdivisions, in public schools and
in any employment supported in whole or part by public
funds, except when the particular disability prevents
performance of the work involved. Public
accommodations include hotels, public buildings, stores,
restaurants, places of resort and amusement, and all places
to which the public is invited. (20-127, 20-133)
Public transportation includes trains,
airplanes, boats, buses, taxis, and all other modes of
conveyance offered for public use. (20-127)
Housing includes all property designed as a
home or sleeping place and offered for rent, lease, or
compensation, but does not include single family dwellings.
(20-131.01, 20-131.02, 20-131.03, 20-131.04)
Violation: Any person, firm, or corporation or
agent thereof who interferes with the above enumerated
rights is guilty of a Class III misdemeanor and punishable
accordingly under Nebraska law. (20-129)
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Nevada
Access Statutes |
Nevada Revised Statutes (last amended in
1991), Sections 118.105, 613.330, 651.050, 651.070, 651.075,
651.080, 651.090, 704.143, 704.145, 706.361, and 706.366;
and Chapter 426 Under Nevada statutes, a
blind person has a legal right to be accompanied by a
specially trained dog guide in all public accommodations and
on all public transportation. No extra charge can be levied
because of the dog's presence, but the dog guide user is
liable for any damage the dog might cause to the premises. A
dog guide user who operates a vending stand has the right to
keep his or her dog with him or her on the vending stand
premises. A dog guide user has a legal right to equal
housing accommodation and can enforce this right through
injunctive relief with damages. An identification card
issued by a dog guide school is sufficient proof that the
dog is specially trained in guide work.
Public accommodations include hotels, restaurants, stores,
places of resort and amusement, and all places to which the
general public is invited. (651.050, 651.070, 651.075)
Public transportation includes trains, buses,
airplanes, taxis, and all other forms of public conveyance
offered for public use. (651.070, 704.143, 704.145, 706.361,
706.366) Housing covers rental properties.
The statute contains a provision that the law is to be
interpreted liberally. (118.105) Violation:
Any person who interferes with the legal rights of a blind
person as outlined under Nevada law is guilty of a
misdemeanor and punishable accordingly. (613.330, 651.075,
651.080, 651.090, 704.145) In an action
brought under this section, the court may (a) grant any
equitable relief it considers appropriate, including
temporary, preliminary, or permanent injunctive relief,
against the defendant; (b) award costs and reasonable
attorneys' fees to the prevailing party. (651.090, 1991)
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New Hampshire
Access Statutes |
New Hampshire Statutes, 1990, Chapter 167-C,
Sections 167-C:1 through 167-C:5; Chapter 167-D, Sections
167-D:4, 167-D:5 New Hampshire Statutes
guarantee a blind person the legal right to be accompanied
by a specially trained dog guide in all public
accommodations and on all public transportation. No extra
charge can be levied because of the dog's presence, but the
dog guide user is liable for any damage the dog might cause
to the premises. State policy ensures equal employment
opportunity to blind persons in its state service, the
service of its political subdivisions, in public schools,
and in any employment supported in whole or part by public
funds, except when the particular disability prevents
performance of the work involved. Public
accommodations include hotels, public buildings, stores,
restaurants, places of resort and amusement, and all other
places to which the general public is invited. (167-C:2)
Public transportation includes trains,
airplanes, buses, taxis, and other modes of conveyance
offered for public use. (167-C:2) A dog
guide or service dog trainer shall have the same rights with
respect to access to public facilities. (167-D:4)
Any dog guide user shall provide the dog with
a leash and harness colored international orange. (167-D:5)
Violation: Any person, firm, or corporation or
agent thereof who interferes with the above enumerated
rights is guilty of a misdemeanor and can be fined up to
$25. (167-C:3)
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New Jersey
Access Statutes |
New Jersey Statutes: P.L. 1945, c. 169 and P.L.
1971, c. 130 (amended and supplemented by P.L. 1977, c. 456;
P.L. 1980, c. 46; P.L. 1981, c. 391; and P.L. 1983, c. 485)
New Jersey anti-discrimination laws guarantee
a blind person the right to be accompanied by a dog guide in
all public facilities, in employment, and on public
conveyances. No extra charge can be levied because of the
dog's presence, but the dog guide user is liable for any
damage the dog might cause to the premises. A blind person
with a dog guide has a legal right to equal housing
opportunity in the rental, lease, or purchase of housing,
and cannot be charged extra because of the dog guide's
presence. A landlord is not required to modify the premises
nor to provide a higher standard of care than that offered
other tenants. Public facilities include
stores, boardwalks, places of recreation, educational
institutions, camps, restaurants, hotels, and all other
places of public accommodation to which the public is
permitted or invited. (N.J.S.A. 10:5-29)
Public conveyances include airplanes, trains, buses, boats,
taxis, and all other modes of transportation offered for
public use, but the Board of Public Utilities may promulgate
reasonable regulations governing the presence of dog guides
on buses and other public utilities. (N.J.S.A. 48:3-33)
Housing accommodations include any property
designed for residential use, whether for rent, lease or
sale, except single family private dwellings whose occupants
offer no more than one room for rent. (N.J.S.A. 10:5-29.2)
Violation: Any person who interferes with the
above enumerated rights is subject to a fine of no less than
$100 and no more than $500 for each offense. (N.J.S.A.
10:5-29.5)
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New Mexico Access Statutes |
New Mexico Statutes, Article 7, Sections
28-7-1 through 28-7-17. White Cane Law (enacted in 1978),
amended 1986. New Mexico statutory law
guarantees a blind person the legal right to be accompanied
by a specially trained dog guide in all public
accommodations and on all public transportation. No extra
charge can be levied because of the dog guide's presence,
but the dog guide user is liable for any damages the dog
might cause to the premises. New Mexico state policy also
ensures a blind person equal employment opportunity in its
state service, the service of its political subdivisions, in
public schools, or in employment supported in whole or part
by public funds, except when the particular disability
prevents performance of the work involved.
Public accommodations include hotels, restaurants, stores,
public buildings, places of resort and amusement, and all
other places to which the general public is invited.
(28-7-3) Public transportation includes
trains, airplanes, buses, boats, taxis, and all forms of
conveyance offered for public use. (28-7-3)
Violation: Any person, firm, or corporation or
agent thereof who interferes with the above enumerated
rights is guilty of a misdemeanor and punishable accordingly
under New Mexico law. (28-7-5)
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New York
Access Statutes |
New York Statutes: Civil Rights Law, Article
4-B, Sections 47 through 47c, 1986 New York
law guarantees a blind person the legal right to be
accompanied by a dog guide in all public accommodations, in
employment, and on public transportation. No extra charge
can be levied because of the dog guide's presence, but the
dog must be in harness and the dog guide user can be asked
to produce an identification card. A blind
person who possesses a dog guide is entitled to equal
housing accommodations and cannot be charged a fee because
of the dog guide. Public accommodations
include resorts, theaters, restaurants, stores, hotels,
places of recreation, and all other places to which the
public is invited. Public transportation
includes taxis, subways, trains, buses, boats, airplanes,
and all other modes of conveyance offered for public use.
(47) Housing accommodations include public
and private rental properties designed as sleeping quarters
or residences. (47) Employment includes
state service or that of its political subdivisions and all
other employment activity. Equal employment opportunity
includes prohibition against discrimination based on
blindness. (47a) Violation: Any owner,
manager, or employee who interferes with the above
enumerated rights is subject to prosecution under several
New York State statutes. (47c)
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North Carolina
Access Statutes |
Chapter 168, Article 1, Sections 168-1 through
168-3, Sections 168-4.2 through 168-9 (last amended
1994) North Carolina statutes guarantee a blind
person the right to be accompanied by a dog guide in
all public accommodations and on all transportation.
No extra charge can be levied because of the dog's
presence, but the dog guide user is liable for any
damage the dog might cause to the premises. A dog
guide user has a legal right to equal housing
accommodation. Also, state policy
ensures a blind person equal employment opportunity
in state service, or in the service of is political
subdivisions and public schools, and all other
public and private employment, except when the
visual impairment prevents performance of the work
involved.
Public accommodations include hotels, restaurants,
stores, places of resort and amusement, and all
other places to which the public is invited.
(Sect. 168-2, Sect. 168-3, Sect.
168-4.2, Sect. 168-4.4) Public transportation
includes airplanes, trains, buses, taxis, and all
other forms of conveyances offered for public use.
(Sect. 168-3, Sect. 168-4.2, Sect.
168-4.4) Housing includes leased or rented
properties and specifically covers residential
communities, homes, and group homes. (Sect. 168-9)
The person qualifies for these rights upon showing a
tag issued by the Department of Human Resources,
pursuant to G.S. 168-4.3, stamped "North Carolina
Assistance Dog Permanent Registration" and stamped
with a registration number, or upon showing that the
dog has been trained as an assistance dog. No fee
shall be charged for registration of an assistance
dog. (Sect. 168-4.3) Violation: Any
person, firm, corporation or agent thereof who
interferes with the above enumerated rights is
guilty of a Class 3 misdemeanor.
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North Dakota
Access Statutes |
North Dakota Statutes: North Dakota Century
Code of 1967(last amended 1985), Chapter 25-13, Sections
25-13-01 through 25-13-05 North Dakota
statutes guarantee a blind person the legal right to be
accompanied by a specially trained dog guide in all public
accommodations and on all public conveyances. No extra
charge can be levied because of the dog's presence, but the
dog guide user is liable for any damage the dog might cause
to the premises. State statutory policy also ensures a blind
person equal employment opportunity in state service, or the
service of its political subdivisions and public schools, or
in employment supported in whole or part by public funds,
unless the visual impairment prevents performance of the
work involved. Public accommodations
include hotels, lodging places, places of resort and
amusement, stores, restaurants, and other facilities to
which the general public is invited. (25-13-02)
Public conveyances include trains, airplanes,
taxis, buses, boats, and other modes of transportation
offered for public use. (25-13-02)
Violation: Any person, firm, or corporation or agent thereof
who interferes with the legal rights enumerated above is
guilty of a Class A misdemeanor and punishable accordingly.
(25-13-04)
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Ohio
Access Statutes |
Ohio Revised Code, 1979, Sections 955.011 and
955.43, amended 1984 Ohio statutory law
guarantees a blind person the legal right to be accompanied
by a specially trained dog guide in all public
accommodations and on all public conveyances. No extra fee
can be levied because of the dog guide's presence. A dog may
not occupy a seat on a common carrier. Dog guides are exempt
from licensing fees. Public accommodations
include hotels, restaurants, stores, places of resort and
amusement, and all other places to which the general public
is invited. (955.43) Public conveyances
include taxis, trains, airplanes, buses, boats, and all
other modes of transportation offered for pubic use.
(955.43) Violation: Any person who
interferes with the above enumerated rights is guilty of a
misdemeanor of the fourth degree and is punishable under
Ohio law accordingly. (955.99)
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Oklahoma
Access Statutes |
Oklahoma Statutes, enacted in 1968, amended in
1981, 1985, 1988, and 1989, Title 7, Chapter 1, Sections
19.1 and 19.2 Oklahoma statutory law
guarantees a blind person the legal right to be accompanied
by a specially trained dog guide in all public
accommodations and on all public transportation. No extra
charge can be levied because of the presence of a dog guide,
but the dog guide user is liable for any damage the dog
might cause to the premises. Public
accommodations include stores, restaurants, hotels, cafes,
and all other places to which the public is invited. (19.1)
Public transportation includes public
elevators, trains, airplanes, boats, buses, taxis, and all
other modes of public conveyance. (19.1)
Violation: Any person who interferes with the above
enumerated rights is guilty of a misdemeanor and punishable
consequently under Oklahoma law. (19.2)
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Oregon
Access Statutes |
Oregon Revised Statutes, 1967, Sections
346.610, 346.620, and 346.630, last amended in 1989
Oregon statutory law guarantees a blind person the legal
right to be accompanied by a dog guide in all public
accommodations and on all public transportation. No extra
charge can be levied because of a dog guide's presence, but
the dog guide user is liable for any damage the dog might
cause to the premises. Dog guides are exempt from licensing
fees. Landlords must provide equal housing
accommodations to dog guide owners, and may not assess
additional rent nor charge a non-refundable deposit because
of a dog guide's presence. Violation can result in a $200
fine along with court costs and reasonable attorneys' fees.
(345.630) Public accommodations include
restaurants, stores, hotels, and all facilities to which the
public is invited. (346.610, 346.620)
Public transportation includes buses, trains, taxis,
airplanes, and all other conveyances offered for public use.
(346.610, 346.620) Violation: Any person
who interferes with the above enumerated rights is subject
to the penalties provided in ORS 346.991. A blind person may
maintain an action pursuant to ORS 346.630 for compensatory
damages and attorneys' fees and court costs, if any landlord
refuses to rent a dwelling unit on the basis of the person's
use or possession of such a dog guide. No blind person shall
be required to pay an additional fee or an excessive deposit
for the dog guide.
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Pennsylvania
Access Statutes |
Pennsylvania Statutes, P.L. 208, Act 72, 8/67
amended 6/72, Sections 1 through 11; Penalty - Title 18,
Section 1, 1980 Pennsylvania
anti-discrimination statutes guarantee a blind person the
legal right to be accompanied by a dog guide in all
accommodations which are made available for public use. The
statutes further guarantee equal housing accommodation to
dog guide users in both the rental and purchase of housing.
Public accommodations under Pennsylvania law
and regulations include restaurants, hotels, places of
resort and amusement, and public transportation. (3)
Housing includes rental and leased residential
property, as well as negotiations covering the purchase of
property. (5) Violation: Enforcement of the
above enumerated rights is available through the state's
commission on human rights, and a person who practices
unlawful discrimination is guilty of a misdemeanor and
punishable by a fine, imprisonment, or both. (11; Title 18,
1)
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Rhode Island
Access Statutes |
Rhode Island Statutes, 1975, Chapter 9.1,
Sections 31-18-14, 39-2-13, 39-2-14, 40-9.1-1, 40-9.1-2, and
40-9.1-3, amended 1990; Chapter 11, Sections 4-13-16.1
Rhode Island statutes guarantee a blind person
the legal right to be accompanied by a specially trained dog
guide in all public accommodations and on all public
transportation. No extra charge can be levied because of the
dog's presence, but the dog guide user is liable for any
damage the dog might cause to the premises.
Public accommodations include hotels,
restaurants, stores, places of resort and amusement, and all
other places to which the public is invited. (40-9.1-1,
40-9.1-2) Any dog guide may enter any
public facility if the dog is clearly identified as such by
a yellow harness and trained by a recognized training
school. (39-2-13) Public transportation
includes buses, trains, airplanes, taxis, elevators, and all
other modes of conveyance offered for public use. (49-9.1-1,
40-9.1-2) Vehicles will yield the
right-of-way to a pedestrian with a dog guide. (31-18-14)
Violation: Any person who interferes with the
above enumerated rights is subject to a fine not to exceed
$500 upon conviction. (39-2-14, 40-9.1-3)
The owner or keeper of a dog which kills or bites a dog
guide or bites its blind owner, will be liable to the blind
person aggrieved for double all damages sustained, to be
recovered in a civil action with the costs of the suit.
(4-13-16.1)
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South Carolina
Access Statutes |
South Carolina Statutes, 1976, Chapter 33, Sections
43-33-10 though 43-33-70, amended 1987
South Carolina statutes guarantee a blind person the
legal right to be accompanied by a dog guide in all
public accommodations and on all public
transportation. Dog guide users are also guaranteed
equal housing accommodations. No extra charge can be
levied because of the dog guide's presence, but the
dog guide user is liable for any damage the dog
might cause to the premises. Landlords are not
required to modify their property, nor to provide a
higher degree of care than that provided other
tenants. State policy also endorses the right of a
blind person to equal employment opportunity in
state service, or the service of its political
subdivisions and public schools, and in employment
supported in whole or part by public funds, except
when the visual disability prevents performance of
the work involved. Public
accommodations include stores, hotels, restaurants,
places of resort and amusement, and all other places
to which the public is invited. (43-33-20)
Public transportation includes taxis,
trains, airplanes, buses, and all other forms of
transportation offered for public use. (43-33-20)
Housing accommodations include all
real property offered for rent or lease as a
residence or sleeping place, except for a single
family dwelling, whose occupants offer no more than
one room for rent. (43-33-70)
Violation: Any person who interferes with the legal
rights enumerated above is guilty of a misdemeanor.
(43-33-40)
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South Dakota
Access Statutes |
South Dakota Statutes, SDCL
20-13-23.1 through 20-13-23.4, last amended in 1986
South Dakota law guarantees a blind
person the legal right to be accompanied by a dog
guide in all public accommodations. A dog guide user
also has a legal right to rent or lease an apartment
or other residential housing without discrimination.
No extra charge can be levied because of the dog
guide's presence, but the dog guide user is liable
for any damage the dog might cause to the premises.
Public accommodations include hotels,
restaurants, stores, and all other places to which
the general public is invited. (20-13-23.1,
20-13-23.2) All modes of
transportation are generally included within the
definition of public accommodations. (20-13-23.1,
20-13-23.2) Violation: Anyone who
interferes with the above enumerated rights violates
South Dakota law.
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Tennessee
Access Statutes |
Tennessee Statutes, Acts of 1955, Title 62,
Chapter 7, Sections 62-7-112; and 55-8-180
Tennessee statutory law guarantees a blind person the legal
right to be accompanied by a specially trained dog guide in
harness in all public accommodations and on all public
conveyances. A dog guide user is also guaranteed the legal
right to all housing accommodations. No extra charge can be
levied because of the dog guide's presence, but the dog
guide user is liable for any damage the dog might cause to
the premises. The dog guide user may be requested to present
for inspection the identification card furnished by dog
guide training institutions to their graduates.
Public accommodations under Tennessee law
include such facilities as stores, theaters, motion picture
houses, elevators, public transportation, restaurants,
hotels, public educational institutions, and other places to
which the general public is invited. (62-7-112)
A pedestrian being led by a dog guide has the
right-of-way crossing a public street. (55-8-180)
Violation: Anyone who interferes with the
above enumerated legal rights is guilty of a misdemeanor.
(62-717)
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Texas
Access Statutes |
Texas Statutes, Title 8, Chapter 121, Sections
121.001 through 121.009, amended 1989 Texas
anti-discrimination statutes guarantee a blind person the
legal right to be accompanied by a specially trained dog
guide in harness in all public facilities. A dog guide user
has a legal right to equal housing accommodation in all
housing offered for rent, lease, or compensation. The
landlord need not modify the premises, nor is a higher
standard of care required than that provided other tenants.
No extra fee can be levied because of the dog guide's
presence, but the dog guide user is liable for any damage
the dog might do to the premises. Equal employment
opportunity is also guaranteed, except where the visual
impairment prevents performance of the work involved.
Under Texas statutory law, the definition of
public facilities includes hotels, stores, restaurants,
college dormitories, places of resort, recreation and
amusement, public buildings, railroads, buses, boats,
airplanes, taxis, and all other common carriers or places to
which the public is invited. (121.002, 121.003)
Housing accommodations include any real
property, in whole or part, designed or used as a home,
residence, or sleeping place, except for a single family
dwelling, the occupants of which offer for rent no more than
one room. (121.003) Violation: Any person,
firm, association, or agent thereof who interferes with the
above enumerated rights is guilty of a misdemeanor and is
punishable by a fine of not less than $100 or more than
$300. In addition, the dog guide user whose civil rights
have been violated may proceed in any court of competent
jurisdiction to recover personal damages with the
presumption that at least $100 worth of damage has been
sustained. (121.004)
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Utah
Access Statutes |
Utah Statutes, 1969, Chapter 30, Sections
26-30-1 through 26-30-5, amended 1986 Utah
statutory law guarantees a blind person the legal right to
be accompanied by a specially trained dog guide in all
public accommodations and on all public transportation. Utah
statutes also guarantee a blind person with a dog guide the
right to equal housing accommodations. No extra fee may be
charged for the dog's presence, but the landlord may require
a reasonable deposit as security, and the dog guide user
shall be liable for any damage to the premises caused by the
dog guide. A person renting, leasing, or selling private or
public housing need not modify the premises in any way to
accommodate a visually handicapped tenant. The dog guide
user may be asked to present for inspection the
identification card provided by the dog guide school from
which the dog was obtained. Utah state
policy also endorses the right of equal employment
opportunity to a blind person in its state service, or the
service of its political subdivisions, and public schools
and in employment supported in whole or part by public
funds, except when the visual impairment prevents
performance of the work involved. Public
accommodations include stores restaurants, hotels, lodges,
public buildings, places of resort and amusement, and all
other places to which the public is invited. (26-30-1,
26-30-2) Public transportation includes
airplanes, buses, trains, boats, taxis, and all other modes
of transportation offered for public use. (26-30-1, 26-30-2)
Housing accommodations include any real
property, whether public or private. (26-30-1, 26-30-2)
Violation: Any person or agent of any person
who interferes with the above enumerated legal rights is
guilty of a Class C misdemeanor and punishable accordingly.
(26-30-4
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Vermont
Access Statutes |
Vermont Statutes, 1974 (last amended in 1991),
Sections 4502, 1057 Vermont law guarantees
a blind person the legal right to be accompanied by a dog
guide in all places of public accommodation. The dog must be
in harness. No extra charge can be levied because of the
dog's presence. Public accommodations
include any establishment which offers services, goods, or
facilities to the public. The term public accommodation
covers stores, restaurants, hotels, and common carriers.
(4502) The driver of a vehicle will yield
the right-of-way to a pedestrian with a dog guide. (1057)
Violation: Vermont law prohibits interference
in the exercise of the above enumerated rights by any owner,
operator, employee, or agent of a public accommodation.
(4502)
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Virginia
Access Statutes |
Virginia Statutes; Code of
Virginia, Chapter 9, Sections 51.5-44-51.5-46,
amended 1990 Virginia statutory law
guarantees a blind person the legal right to be
accompanied by a dog guide in all public
accommodations and on all public transportation. A
dog guide user is also guaranteed equal housing
accommodation, but the landlord is not required to
modify the property or provide a higher standard of
care than that provided other tenants. No extra
charge can be levied because of a dog guide's
presence, but the dog guide user is liable for any
damage the dog might cause to the premises. Dog
guides are exempt from licensing fees. Also, it is
the policy of the State of Virginia to endorse equal
employment opportunity to blind persons in its state
service, the service of its political subdivisions
and public schools, and in employment supported in
whole or part by public funds, except when the
visual disability prevents performance of the work
involved. Public accommodations
include hotels, stores, restaurants, places of
resort and amusement, and any other place to which
the general public is invited. (51.5-44)
Public transportation includes
airplanes, boats, trains, buses, taxis, common
carriers, and all other modes of conveyance offered
for public use. (51.5-44) Housing
accommodations include any real property or portion
thereof designed or used as a home, residence, or
sleeping place offered for rent, lease, or
compensation, except for a single family dwelling,
the occupants of which offer no more than one room
for rent. (51.5-45) Violation: In
any action in which the petitioner is represented by
the Department for Rights of Virginians with
Disabilities or the Attorney General's office, no
attorneys' fees shall be awarded, nor shall the
Department for Rights of Virginians with
Disabilities have the authority to institute any
class action under this chapter.
Any person, firm, corporation, or agent thereof who
interferes with the above enumerated rights is
liable for affirmative equitable relief as is
appropriate and to award compensatory damages and to
award to a prevailing party reasonable attorney's
fees, except that a defendant shall not be entitled
to an award of attorneys' fees unless the court
finds that the claim was frivolous. Compensatory
damages shall not include damages for pain and
suffering. Punitive or exemplary damages shall not
be awarded. An action may be
commenced pursuant to this section at any time
within one year of the occurrence of any violation
of rights under this chapter. However, such action
shall be forever barred unless such claimant or his
agent, attorney, or representative has commenced
such action or has filed by registered mail a
written statement of the nature of the claim with
the potential defendant within 180 days of the
occurrence. (51.5-46)
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Washington State
Access Statutes |
Washington Statutes, White Cane Law, Chapter
70.84, Sections 70.84.010 through 70.84.900, last amended in
1985 Washington statutory law guarantees a
blind person the legal right to be accompanied by a
specially trained dog guide in harness in all places of
public accommodation and on all public transportation. No
extra charge can be levied because of the dog's presence.
State policy also ensures equal employment opportunity in
state service, in the service of its political subdivisions
and public schools, and in employment supported in whole or
part by public funds, except when the visual disability
prevents performance of the work involved.
Public accommodations include hotels, restaurants, stores,
public buildings, places of resort, amusement, and
assemblage, and any other place to which the general public
is invited. (70.84.010, 70.84.030) Public
transportation includes trains, buses, airplanes, boats,
taxis, and any other common carriers or modes of conveyance
offered for public use. (70.84.010, 70.84.030)
Violation: Any person, firm, corporation or
any agent thereof who interferes with the above enumerated
rights is guilty of a misdemeanor and punishable under
Washington law accordingly. (70.84.070)
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West Virginia
Access Statutes |
West Virginia Statutes, White Cane Law 1969,
Chapter 150, Article 15, Sections 5-15-1 through 5-15-8
West Virginia law guarantees a blind person
the legal right to be accompanied by a specially trained dog
guide in harness in any public accommodation and on all
public transportation. No extra charge can be levied because
of the dog guide's presence, but the dog guide user is
liable for any damage caused by the dog. State policy also
endorses equal employment opportunity in its state service,
or in the service of its political subdivisions and public
schools, and in any employment supported in whole or part by
public funds, except when the disability prevents
performance of the work involved. Public
accommodations include hotels, restaurants, stores, places
of resort and amusement, and all other places to which the
public is invited. (5-14-5) Public
transportation includes trains, boats, buses, taxis,
airplanes, and all other common carriers and modes of
conveyance offered for public use. (5-15-4)
Violation: Any person, firm, corporation or
agent thereof who interferes with the above enumerated
rights is guilty of a misdemeanor and subject to a fine.
(5-15-8)
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Wisconsin
Access Statutes |
Wisconsin Statutes, 1990, Chapter 94, Sections
174.055 and 174.056 Wisconsin law
guarantees a blind person the legal right to be accompanied
by a specially trained dog guide in harness in all public
accommodations. The dog guide user can be requested to
submit for inspection the identification card provided by
dog guide schools to their graduates.
Public accommodations under Wisconsin law include hotels,
inns, stores, restaurants, public conveyances on land and
water, places of resort and recreation, and all other
facilities and places to which the general public is
invited. (174.056) A blind person may be
asked to present, for inspection, credentials issued by a
school for training dogs for the blind. (174.056)
Dog guides will be exempt from any dog license
tax. (174.055) Violation: Any person or
owner, lessee, employee, or agent of a public accommodation
who interferes with the above enumerated rights may be fined
up to $100, or imprisoned for 30 days, or both. (174.056)
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Wyoming
Access Statutes |
Wyoming Statutes, 1967, Sections 35-13-101
through 35-13-204 Wyoming statutes guarantee a blind person
the legal right to be accompanied by a specially trained dog
guide in all public accommodations and on all public
transportation. No extra charge can be levied because of the
dog guide's presence, but the dog guide user is liable for
any damages the dog guide might cause to the premises.
Public accommodations include hotels,
restaurants, stores, public buildings, places of resort and
amusement, and any other place to which the public is
invited. (35-13-201) The driver of a
vehicle must yield the right-of-way to a pedestrian with a
dog guide. (35-13-202) Public
transportation includes buses, trains, taxis, airplanes,
boats, and any other mode of public conveyance offered for
public use. (35-13-204) Violation: Any
person, firm or corporation or agent thereof who interferes
with the above enumerated rights is guilty of a misdemeanor
and may be fined not more than $750. (35-13-203)
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CANADA: Alberta
Access Statutes |
The Blind Person's Act, Chapter B-6, Sections 5(1)
through 5(8), Revised Statutes 1980 Alberta law
guarantees a blind person the right to be
accompanied by a specially trained dog guide in all
public accommodations. It is unlawful discrimination
for anyone to deny a dog guide user access to or use
of public accommodation on the grounds of the dog
guide's presence. The dog guide user should be
prepared to present for inspection an identification
card issued by either the Canadian National
Institute for the Blind or by the dog guide school
from which the dog was obtained. A dog guide user
has a legally protected right to equal housing
accommodation. A landlord man not insist on any term
or conditions in regard to the dog guide which in
any way discriminate against the dog guide's
presence. The landlord, however, is not required in
any way to modify the premises. Public
accommodations include places or facilities to which
the public is invited. Generally, these include
stores, restaurants, hotels, and public conveyances,
as well as facilities and services of similar
nature. (Sect. 5(1)(a)) Housing accommodation is
defined as a self-contained dwelling unit. (Sect.
5(2)) Violation: Anyone who interferes with the
above enumerated rights is guilty of an offense and
upon conviction is subject to a fine not to exceed
$1,000. (Sect. 8(1))
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CANADA: British Columbia
Access Statutes |
Guide Animal Act - 1990,
revised 1996, Chapter 177, Blind Persons Rights Act,
1979, Chapter 29 British Columbia statutory law
guarantees a blind person the right to be
accompanied by a specially trained dog guide in all
public accommodations. No extra charge can be levied
because of the dog guide's presence, but the dog may
not occupy a seat on a public conveyance and the dog
must be under proper control at all times through a
leash or harness. The Minister of Consumer Service
is empowered to issue a special identification card
to dog guide users. However, the card issued by dog
guide schools to their graduates also is evidence of
the special training the dogs have received. Public
accommodations include restaurants, lodging places,
public conveyances, and all other places, which
serve and accommodate the public. (Sect. 2) No one
may discriminate against a blind person with a dog
guide in regard to rental housing, except where it
involves sharing the living area with another
family. (Sect. 2) Violation: Anyone who unlawfully
discriminates against the rights of a dog guide user
is guilty of an offense and upon conviction may be
punished by a fine not to exceed $200. (Sect 8)
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CANADA: Manitoba Access Statutes |
Manitoba Human Rights Act,
Chapter H 175 Manitoba has a broad scope of
legislation centering on discrimination. Specific
interpretation rests with the provincial Human
Rights Commission.
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CANADA: New Brunswick Access Statutes |
The Human Rights Act of New
Brunswick - 1976 (as amended and consolidated in
1985) - Chapter 31; New Brunswick Regulation 84-283
under the Health Act of 1984 New Brunswick Human
Rights legislation extends the prohibition against
discrimination to include physical disabilities. As
defined in the statute, these include the right to
be accompanied by a dog guide; consequently, dog
guide users have a legal right to equal employment,
equal housing accommodations, and equal access to
and the use of all public accommodations, services
and facilities to which the public customarily is
invited. The Health Act of 1984 also exempts dog
guides from prohibition against live animals in
areas where food is served, and with the agreement
of the district medical health officer; a dog guide
may also be present in areas where food is prepared.
Equal employment covers all employees, as well as
membership in professional and trade organizations.
(Sect. 3(3)) Housing accommodations include the
rental of residential and commercial properties, as
well as the purchase of real estate. (Sect. 4(1))
Public accommodations and facilities include stores,
restaurants, hotels, public conveyances, and other
places to which the public customarily is admitted.
(Sect. 5(1)) Violation: Enforcement is centered in
the Human Rights Commission. (Sect 12)
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CANADA: Newfoundland Access Statutes |
The Blind Person's Rights Act
of 1981 - Chapter 60 Newfoundland statutory law
guarantees a blind person the right to be
accompanied by a specially trained dog guide in all
places of public accommodation. A dog guide user has
a legally protected right to equal housing
accommodation and no special conditions or terms can
be imposed because of the dog guide. Public
accommodations and facilities include stores,
restaurants, hotels, and common carriers such as
trains, buses, and taxis and other conveyances, as
well as other services and facilities to which the
public customarily is admitted. (Sect. 4(b)) Housing
accommodations include any commercial unit or
self-contained dwelling unit. (Sect. 5(1)(a))
Violation: Any person who interferes with the rights
enumerated in this Act is guilty of an offense and
liable on summary conviction, if an individual, to a
fine of not more than $500, or to imprisonment for
not more than 30 days, or both; if a body corporate,
to a fine of not more than $1,000, or to
imprisonment for not more than 60 days, or both.
(Sect. 10(a)-(b)
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CANADA: Nova Scotia Access Statutes |
Blind Person's Rights Act -
enacted 5/77, Chapter 40, Section 1 Nova Scotia law
guarantees a blind person the right to be
accompanied by a specially trained dog guide in all
public accommodations and facilities. No extra
charge can be levied because of the presence of the
dog guide. A dog guide user also has a right to
equal housing accommodations, but the landlord is
not required to make any modifications. Public
accommodations include restaurants, hotels, public
conveyances, and other places to which the public
customarily is admitted. (Sect. 4(1)) Housing
accommodations include the rental of any
self-contained dwelling unit. (Sect. 4(2))
Violation: Anyone who interferes with the rights
enumerated above is guilty of an offense and
punishable under Nova Scotia law. (Sect. 8)
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CANADA: Ontario
Access Statutes |
The Blind Person's Rights Act
(Revised Statutes of Ontario, 1990) - Chapter B.7;
Regulation 83 (Revised Regulation of Ontario, 1990)
Ontario laws guarantee a blind person the legal
right to be accompanied by a specially trained dog
guide in all public accommodations and facilities.
No extra charge can be levied because of the dog's
presence. A dog guide user is also guaranteed the
right to equal housing accommodations, and no
special terms or conditions can be imposed because
of the dog's presence. The Attorney General is
authorized to issue to dog guide users a special
identification card, which is prima facie evidence
that a dog has been specially trained. The
identification cards issued by dog guide schools to
their graduates also are appropriate evidence of
such training. Public accommodations and facilities
include stores, restaurants, taverns, hotels, and
common carriers such as trains, buses, and taxis,
and other conveyances, as well as any other place or
facility to which the public customarily is invited.
(Sect. 2) Housing accommodations cover any
self-contained dwelling unit. (Sect. 2(2)(a))
Violation: Anyone who interferes with the above
rights is guilty of an offense and, upon conviction,
is subject to a fine not to exceed $5,000. (Sect.
6(1))
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CANADA: Quebec
Access Statutes |
Human Rights Act - 1978 -
Bill 9 - amending Human Rights and Freedoms Charter
Human rights legislation includes sweeping
prohibitions against discrimination on the grounds
of physical disability. Physically handicapped
persons are guaranteed the enjoyment of the same
rights as all citizens. The definition of
handicapped includes the unrestricted right of a
physically handicapped person to use prosthetic
aids. Under the Quebec Health Insurance Act, dog
guides are included within the concept of prosthetic
aid. Consequently, dog guide users accompanied by
their dog guides appear to have universal access to
the social, economic and educational institutions
available throughout the province. Government
officials with the authority to protect human rights
are available to assist the physically handicapped
in enforcing the right to non-discrimination.
Substantial fines are part of the available
enforcement procedures. Penalties: Fines of not more
than $1,000 or imprisonment of not more than six
months, or a fine of not more than $5,000 in the
case of a corporation.
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CANADA: Prince Edward Island
Access Statutes |
Human Rights Act of 1974,
chapter H-12, 1988; Public Health Act Regulations of
1979 Prince Edward Island legislation protecting
human rights includes prohibition against
discrimination on the grounds of physical handicap,
including the right of a blind person to use a dog
as a guide; the statute makes this a part of the
definition. Consequently, a dog guide user has the
legal right to be accompanied by a trained dog guide
in all public accommodations and facilities. A dog
guide user also has the right to equal housing
accommodations and equal employment opportunities.
Specific reference is incorporated under the Public
Health Act Regulations to substantiate the right of
a blind person to be accompanied by a dog guide in
any facility in which food is served. Public
accommodations and facilities include restaurants,
hotels, stores, public conveyances, and other places
to which the public customarily is invited. (Sect.
(2)(1)) Housing accommodations include rental
properties for residential or commercial use, which
are available for rent or purchase. (Sect. (3)(1))
Employment includes all employment and membership in
professional and employee organizations. (Sect.
(6)(1)) Violation: Enforcement is centered in a
special Human Rights Commission. (Sect. 18)
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CANADA: Saskatchewan
Access Statutes |
Saskatchewan Human Rights
Code, 1979 - Broad scope legislation centering on
discrimination. Specific interpretation rests with
the provincial Human Rights Commission. Saskatchewan
law guarantees a blind person the legal right to be
accompanied by a specially trained dog guide in
public accommodations and facilities. The dog guide
user cannot be required to muzzle the dog guide. No
extra charge can be levied because of the dog's
presence. A dog guide user also has a legally
protected right to equal housing accommodations. No
special conditions or terms can be imposed because
of the dog guide. Public accommodations and
facilities include restaurants, hotels, stores, and
public conveyances, as well as other services and
facilities to which the public generally is invited.
Housing accommodation is described by the statutes
as a self-contained dwelling unit. Violation: Any
person who interferes with the rights enumerated
above is guilty of an offense and upon conviction is
subject to a fine not to exceed $500. The fine for a
convicted corporation is not to exceed $1,000
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CANADA: Yukon
Access Statutes |
As of February 1999, Yukon
did not appear to have any dog guide legislation,
except that the Public Health Ordinance exempts dog
guides from the prohibition that bans animals from
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