Service Animal Laws
Federal Laws
* THE AMERICANS WITH DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 42
U.S.C. §§ 12101 et seq.)
- ADA Title II Regulation 28 CFR Part 35 -- Nondiscrimination on the
Basis of Disability in State and Local Government Services
- ADA Title III Regulation 28 CFR Part 36 -- Nondiscrimination on
the Basis of Disability by Public Accommodations and in Commercial
Facilities.
* SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED (29 U.S.C. §
794 -- Nondiscrimination under Federal grants and programs)
- 794(a) No exclusion or discrimination; applicability to Executive
agencies and USPS
* AIR CARRIER ACCESS ACT OF 1986 (14 CFR Part 382 -- Nondiscrimination
on the Basis of Disability in Air Travel)
- 382.37(c) Reassignment of seating to accomodate service animals
- 382.38(3) Bulkhead or other seat upon request
- 382.41(d) Assistive devices excluded from carry-on limit
- 382.45(1) Disclosure of excluded seating
- 382.45(2) Disclosure of accomdation limitations
- 382.53(a) No medical certificates
- 382.55(a) Service animals permitted
- 382.55(1) Presence of markings or verbal assurance as evidence
- 382.55(2) Service animals may not obstruct aisles/evacuation areas
- 382.57 No charges/fees for accomodations
- 382.65(1) Complaint Resolution Official (CRO) available at all
times
- 382.65(4) CRO authorized to resolve complaints
* FAIR HOUSING ACT (42 U.S.C. §§ 3601 et seq.)
- Sec. 804. [42 U.S.C. § 3604] Discrimination in sale or rental of
housing and other prohibited practices.
(d) Unlawful to make dwelling unavailable due to handicap.
(f) Unlawful to discriminate; unlawful to deny dwelling due to
handicap; unlawful to modify conditions of rentals or services
due to handicap; discrimination explicitly includes refusal to
permit reasonable modifications to premises or refusal to make
reasonable accomodations in rules, policies, and practices.
- Sec. 818. [42 U.S.C. § 3617] Interference, coercion, or
intimidation; enforcement by civil action.
- Section 901. (Title IX As Amended) [42 U.S.C. § 3631] Violations;
bodily injury; death; penalties.
State Laws
* CALIFORNIA CIVIL CODE
- 54(a) Disabled rights of public access; rights to streets,
highways, public buildings, medical facilities, and other public
places.
- 54(c) Violations of ADA also violate this section.
- 54.1(a)(1) Full and equal access to all public places; lodging,
transportation, medical facilities, and entertainment.
- 54.1(a)(3) ADA and derivative regulations as *minimum* standards
for access.
- 54.1(b) Full and equal access to housing accomodations.
- 54.2(a) Rights of disabled to be accompanied by service dogs; no
fees or security deposits; owner liability.
- 54.2(b) Rights of trainers and the disabled to be accompanied by
service dogs; no fees or security deposits; handler liability;
violations of ADA also violate this section.
- 54.3(a) Civil liability for interference or denial of access.
- 54.7 Limitations regarding zoos and wild animal parks.
- 55.1 District attorney, city attorney, the Department of
Rehabilitation, or the Attorney General may bring additional
actions.
* CALIFORNIA GOVERNMENT CODE
- 12900 et seq. Fair Employment and Housing Act (FEHA)
- 12955-12956.2 Discrimination in housing accommodations unlawful;
inquiries regarding disability unlawful; retaliation,
intimidation, or interference unlawful; accessibility
requirements; federal Fair Housing Act as minimum standards.
* CALIFORNIA HEALTH AND SAFETY CODE
- 114190 Service dogs permitted in open-air BBQ facilities.
- 114332.3(2) Service dogs permitted in nonprofit charitable
temporary food facilities.
- 114045(b) Service animals permitted in food facilities.
- 114045(e) Service animals excluded from food prep and utensil wash
areas.
* CALIFORNIA PENAL CODE SECTION 365
- 365 Misdemeanors for innkeepers who refuse guests or common
carriers who refuse passengers.
- 365.5(a) Disabled persons entitled to service dogs on public
transportation.
- 365.5(b) Access to all places of public access, including hotels,
hospitals, and "places...of amusement."
- 365.5(c) Preventing access or interference; misdemeanor
penalties.
- 365.5(g)(2) Intent of section; access for all owners and trainers;
ADA and ACAA as *minimum* standards.
- 365.5(h) No extra charges; owner liability.
- 365.5(i) Equal access for SDITs.
- 365.6(a) Interference, harrassment, and obstruction are
misdemeanors.
- 417.27(c,d,e) Directing laser pointer at person or service dog;
penalties.
- 600.2 Injury to service dogs; penalties; restitution.
- 600.5 Intentional injury to service dogs; penalties; restitution.
* COLORADO REVISED STATUTES
- CRS 24-34-601 et seq. Discrimination in places of public
accommodation. Penalties and civil liability.
- CRS 24-34-801 et seq. Disabled civil rights. Full and equal
access; housing, public accommodation, common carriers; rights of
persons with assistance dogs; exemption to sanitary standards;
trainers and dogs in training; intereference with person, trainer,
or dog; misdemeanors and civil liability.
- CRS 40-9-109 Transportation of dogs accompanying blind and
physically disabled persons. Common carriers; dogs in training;
assistance dog identification.
* IDAHO STATUTES
- 18-5812 Battery to disabled persons and assistance dogs --
penalties. Injury/death of assistance dogs or dogs in training;
criminal penalties; civil penalties; restitution.
- 18-5812A Disabled persons may be accompanied by assistance dogs --
penalty for intentional violation. Common carriers and public
transportation, hotels/motels, restaurants, other places of public
accommodation; no fees for assistance dogs; criminal penalties.
- 18-5812B Person may be accompanied by an assistance
dog-in-training -- liability. Access for dogs-in-training; leash
requirement; exceptions for grooming, lack of control; handler
liability.
- 56-701A Definitions. Assistance dog defined; dog-in-training
defined, with identifying garment required; service dog defined.
- 56-702 Right to full and free use of streets, highways, public
buildings and public facilities. Disabled access to public
facilities.
- 56-703 Right to full and equal accommodations in all common
carriers, hotels, lodging houses, places of public accommodation
or other public places.
- 56-704 Right to use of assistance dog -- liability. Service dog
access; fees prohibited; handler liability.
- 56-704A Rights of persons with dogs-in-training -- liability.
Dog-in-training access; no fees; organizational ID requirements;
handler liability.
- 56-705 Civil liability for intentional violation of statutes
protecting disabled persons. Civil judgments; punitive damages;
minimum damages; no contributory negligence.
- 56-706 Interference with rights or activities -- penalty.
Criminal penalties.
- 56-707 Right to be employed in employment supported in whole or
in part by public funds -- restriction -- use of sick leave. No
discrimination in publicly-funded employment; exception for
inability to perform job requirements; use of sick leave to obtain
guide dogs, training.
* MARYLAND HUMAN SERVICES CODE
- 7-705(c) Rights of service animal trainers.
- 7-705(d) Extra fees prohibited.
- 7-705(e) Denial or interference with admittance of service
animals; criminal and civil penalties.
- 7-707 Denial or intereference with access/enjoyment of
disabled individuals; criminal and civil penalties.
* MARYLAND ARTICLE 49B HUMAN RELATIONS COMMISSION CODE
- 5. Discrimination in public accommodations prohibited; civil
penalties.
- 8. Discrimination by entities licensed or regulated by Department
of Labor, Licensing, and Regulation; civil penalties.
* NEVADA REVISED STATUTES
- NRS 118.105 Refusal to rent dwelling because of service animal
prohibited.
- NRS 426.790 Unlawfully interfering with or allowing dog to
interfere with use of service animal; unlawfully beating or
killing service animal; penalties.
- NRS 613.330 Unlawful employment practices: Discrimination on basis
of race, color, religion, sex, sexual orientation, age, disability
or national origin; interference with aid or appliance for
disability; refusal to permit service animal at place of
employment.
- NRS 651.070 All persons entitled to equal enjoyment of places of
public accommodation.
- NRS 651.075 Rights, duties and liabilities of persons training or
accompanied by service animal or police dog; unlawful acts; place
of accommodation may not require proof; unmuzzled service animal
may not be presumed dangerous; person subject to same conditions
and limitations as others.
- NRS 651.080 Deprivation of, interference with and punishment for
exercising rights and privileges unlawful; penalty.
- NRS 651.090 Civil actions; damages; equitable relief; costs and
attorney's fees.
- NRS 651.110 Filing of complaint with Nevada Equal Rights
Commission.
- NRS 706.366 Unlawful to refuse service of public transportation or
charge additional fee to certain persons accompanied by service
animal.
* NEW YORK CIVIL RIGHTS LAW
- NY CVR § 40. Equal rights in places of public accommodation,
resort or amusement.
- NY CVR § 40-B. Wrongful refusal of admission to and ejection
from places of public entertainment and amusement.
- NY CVR §§ 40-C, 40-D. Discrimination. Equal protection;
harassment prohibited; civil and criminal penalties.
- NY CVR § 40-E. Innkeepers and carriers refusing to receive
guests and passengers. Criminal penalties.
- NY CVR § 40-F. Discrimination against person or class in
price for admission.
- NY CVR § 41. Penalties for violation. Civil and criminal
penalties.
- NY CVR § 47. Use of public facilities by persons with a
disability. Admittance, equal use, and enjoyment for disabled
persons accompanied by service animal.
- NY CVR § 47-B. Miscellaneous provisions. Right to have
immediate custody of service animal; no additional fees or
restrictions; rights of service dog trainers.
- NY CVR § 47-C. Penalties.
* NEW YORK PENAL LAW
- NY PEN § 240.30(3) Aggravated harassment in the second
degree. Actual, attempted, or threatened physical contact related
to disability; class A misdemeanor.
* TEXAS HUMAN RESOURCES CODE
- 121.002 Assistance animal, harrassment, housing accommodations,
disability, and public facilities defined.
- 121.003(b) Access to common carriers and public transportation; no
fares for assistance animals.
- 121.003(c) Access to public facilities.
- 121.003(d) Reasonable accommodations required.
- 121.003(g) Access to housing accommodations.
- 121.003(h) Fees for assistance animals prohibited.
- 121.003(i) Access for assistance animals in training; access for
trainers.
- 121.003(j) Assault, harrassment, or interference with assistance
animal prohibited.
- 121.004 Misdemeanor penalties; civil damages.
* TEXAS PENAL CODE
- 42.091 Attack on assistance animal a misdemeanor, injury or death
a felony; penalties and restitution.