This page will be up-dated as we receive new information about the Americans with Disabilities Act and what that law has to say about the use of service animals used by persons with disabilities. For the present time, we have added some commonly asked questions that wil hopefully provide some valuable information to our readers. Thanks for stopping by.
We are also adding some details about the specific laws related to guide dog use from the state of California.
FAQ's1-Q: What are the laws that apply to my business?
1-A: Under the Americans with Disabilities Act (ADA), privately owned
businesses that serve the public, such as restaurants, hotels, retail
stores, taxicabs, theaters, concert halls and sports facilities. are
prohibited from discriminating against individuals with disabilities. The
ADA requires these businesses to allow people with disabilities to bring
their service animals onto business premises in whatever areas customers
are generally allowed.
2-Q: What is a service animal?
2-A: The ADA defines a service animal as any guide dog, signal dog or
other animal individually trained to provide assistance to an individual
with a disability. If they meet this definition, animals are considered
service animals under the ADA regardless of whether they have been
licensed or certified by a state or local government. Service animals
perform some of the functions and tasks that the individual with a
disability cannot perform for him or herself. "Seeing eye dogs"
are one type of service animal, used by some individuals who are blind.
This is the type of service animal with most people are familiar. But
there are service animals that assist persons with other kinds of
disabilities in their day-to-day activities. Some examples include: ·
Alerting persons with hearing impairments to sounds. · Pulling
wheelchairs of carrying and picking up things for persons with mobility
impairments. · Assisting persons with mobility impairments with
balance. A Service Animal Is Not A Pet
3-Q: How can I tell if an animal is really a service animal and
not just a pet?
3-A: Some, but not all, service animals wear special collars and
harnesses. Some, but not all, are licensed or certified and have
identification papers. If you are not certain that an animal is a service
animal, you may ask the person who has the animal if it is a service
animal required because of a disability. However, an individual who is
going to a restaurant or theater is not likely to be carrying
documentation of his or her medical condition or disability, Therefore,
such documentation generally may not be required as a condition for
providing service to an individual accompanied by a service animal.
Although a number of states have programs to certify service animals, you
may not insist on proof of state certification before permitting the
service animal to accompany the person with a disability.
4-Q: What must I do when an individual with a service animal
comes to my business?
4-A: The service animal must be permitted to accompany the individual
with a disability to all areas of the facility where customers are
normally allowed to go. An individual with a service animal may not be
segregated from other customers.
5-Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in? 5-A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.
6-Q: My county health department has told me that only a seeing
eye or guide dog has to be admitted. If I follow those regulations, am I
violating the ADA?
6-A: Yes, if you refuse to admit any other type of service animal on
the basis of health department regulations or other state or local laws.
The ADA provides greater protection for individuals with disabilities and
so it takes priority over the local or state laws or regulations.
7-Q: Can I charge a maintenance or cleaning fee for customers
who bring service animals into my business?
7-A: No. Neither a deposit nor a surcharge may be imposed on an
individual with a disability as a condition of allowing a service animal
to accompany the individual with a disability, even if deposits are
routinely required for pets. However, a public accommodation may charge
its customers with disabilities if a service animal causes damage so long
as it is the regular practice of the entity to charge non-disabled
customers for the same types of damages. For example, a hotel can charge a
guest with a disability for the cost of repairing or cleaning furniture
damage by a service animal it is the hotel's policy to charge when
non-disabled guests cause such damage.
8-Q: I operate a private taxicab and I don't want animals in my
taxi; they smell, shed hair and sometimes have "accidents." Am I
violating the ADA if I refuse to pick up someone with a service animal?
8-A: Yes. Taxicab companies may not refuse to provide services to
individuals with disabilities. Private taxicab companies are also
prohibited from charging higher fares or fees for transporting individuals
with disabilities and their service animals than they charge other persons
for the same equivalent service.
9-Q: Am I responsible for the animal while the person with a
disability is in my business?
9-A: No. The care or supervision of a service animal is solely the
responsibility of his or her owner. You are not required to provide care
or food or a special location for the animal.
10-Q: What if the service animal barks or growls at other
people, or otherwise acts out of control?
10-A: You may exclude any animal, including a service animal, from
your facility when that animal's behavior poses a direct threat to the
health or safety of others. For example, any service animal that displays
a vicious behavior towards other guests or customers may be excluded. You
may not make assumptions, however, about how a particular animal is likely
to behave based on your past experience with other animals. Each situation
must be considered individually. Although a public accommodation may
exclude any service animal that is out of control, it should give the
individual with a disability who uses the service animal the option of
continuing to enjoy its goods and services without having the service
animal on its premises.
11-Q: Can I exclude an
animal that doesn't really seem dangerous but is disruptive to my
business?
11-A: There may be a few circumstances when a public accommodation is
not required to accommodate a service animal - - that is, when doing so
would result in a fundamental alteration to the nature of the business.
Generally, this is not likely to occur in restaurants, hotels, retail
stores, theaters, concert halls and sports facilities. But when it does,
for example, when a dog barks during a movie, the animal
can be exclude
If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at: 800-514-0301. (TDD 800-514-0383)
STATE
of CALIFORNIA Penal, Vehicle & Civil Codes w/ ADA Penalties
Prepared by: Thom Ainsworth, Guide Dogs for the Blind, Inc.
PENALTIES FOR PREVENTING A GUIDE DOG USER FROM EXERCISING RIGHTS TO ACCESS CA PENAL CODE SECTION 365.5 [January 1, 1995]
[a] Any blind person, deaf person, or disabled person, who is a passenger on any common carrier, airplane, motor vehicle, railway train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within this state, shall be entitled to have with him or her a specially trained guide dog, signal dog or service dog.
[b] No blind person, deaf person, or disabled person and his or her specially trained guide dog, signal dog, or service dog shall be denied admittance to accommodations, advantages, facilities, medical facilities, including hospitals, clinics and physician's offices, telephone facilities, adoption agencies, private schools, hotels, lodging places, places of public accommodation, amusement, or resort and other places to which the general public is invited within this state because of the guide dog, signal dog, or service dog.
[c] Any person, firm, association, or corporation, or the agent of any person, firm, association, or corporation, who prevents a disabled person from exercising, or interferes with a disabled person in exercise of, the rights specified in this section is guilty of a misdemeanor punishable by a fine not exceeding $2,500.
[d] As used in this section, "guide dog" means any guide dog or Seeing Eye dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or that meets the definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336)
[e] As used in this section, "signal dog" means any dog trained to alert a deaf person or a person whose hearing is impaired, to intruders or sounds.
[f] As used in this section, "service dog" means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.
[g] (I) Nothing in this section is intended to affect any civil remedies available for a violation of this section. (2) This section is intended to provide equal accessibility for all owners or trainers of animals that are trained as guide dogs, signal dogs, or service dogs in a manner that is no less than that provided by the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435).
[h] The exercise of rights specified in subdivisions [a] and [b] by any person may not be conditioned upon payment of any extra charge, provided the person shall be liable for any probable damage done to the premises or facilities by his or her dog.
[I] Any trainer or individual with a disability may take dogs in any of the places specified in subdivisions (a) and (b) for the purpose of training the dogs as guide dogs, signal dogs, or service dog. The person shall ensure that the dog is on leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk or animal control department as authorized by Chapter 3.5 (commencing with Section 30850) of Division 14 of the Food and Agricultural Code. In addition, the person shall be liable for any provable damage done to the premises or facilities by his or her dog. Leg.H. 1986 ch. 765, 1992 ch. 913, 1993 ch. 1149, 1994 ch. 1257, 1996 ch. 498. Cross-References "Infraction" defined. Penal Code 19.6
PROTECTION OF GUIDE DOG USERS FROM INTERFERENCE CA PENAL CODE SECTION 365.6 [January 1, 1994]
[a] Any person who, with no legal justification, intentionally interferes with the use of a guide dog by obstructing or intimidating the guide dog user or his or her guide dog, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine of not less than $1,500 not more than $2,500, or both.
[b] As used in this section, "guide dog" means any guide dog or seeing-eye dog which was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the American with Disabilities Act of 1990 (public Law 101-336), or trained by a school recognized in another state to train guide or seeing-eye dogs.
[c] Nothing in this section is intended to affect any civil remedies available for violation of this section. Leg.H. 1993 ch. 1149.
GUIDE DOG - - FRAUDULENT REPRESENTATION AS MISDEMEANOR CA PENAL CODE SECTION 365.7
[a] Any person who, knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000) or by both that fine and imprisonment.
[b] As used in this section, "owner" means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog. Leg.H 1994 ch.1257.
PROTECTING GUIDE DOGS FROM ATTACK CA PENAL CODE SECTION 600.2 [January 1, 1995]
[a] It is unlawful and constitutes an infraction for any person to permit any dog which is owned, harbored, or controlled by him or her to cause injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the guide, signal or service dog is in discharge of its duties.
[b] In any case in which the defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the disabled person who has custody or ownership of the guide, signal or service dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.
PENAL CODE SECTION 600.5
[a] Any person who intentionally causes injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the dog is in discharge of its duties, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding one year, or by a fine not exceeding $5,000 or both a fine and imprisonment.
[b] In any case in which the defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the disabled person who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.
BLIND PEDESTRIANS HAVE THE RIGHT OF WAY VEHICLE CODE SECTION 21963 [January 1, 1994]
A totally or partially blind pedestrian who is carrying a predominantly white cane (with or without a red tip), or using a guide dog, shall have the right-of-way, and the driver of any vehicle approaching this pedestrian, who fails to yield the right-of-way, or to take all reasonably necessary precautions to avoid injury to this blind pedestrian, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine of not less than $500 nor more than $1,000, or both. This section shall not preclude prosecution under any other applicable provision of the law.
IT IS NOT LEGAL TO CHARGE A DEPOSIT OR MAKE AN EXTRA CHARGE FOR GUIDE DOGS [January 1, 1995] CIVIL CODE SECTION 54.1 [READS IN PART]: [b] [1]
Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons.
[6] [A] It shall be deemed a denial of equal access to housing accommodations within the meaning of this subdivision for any person, firm, or corporation to refuse to lease or rent housing accommodations to an individual who is blind or visually impaired on the basis that the individual uses the services of a guide dog, an individual who is deaf or hearing impaired on the basis that individual uses the services of a signal dog, or an individual with any other disability to keep a service dog on the premises.
[B] Except in the normal performance of duty as a mobility or signal aid, nothing contained in this paragraph shall be construed to prevent the owner of a housing accommodation from establishing terms in a lease or rental agreement which reasonably regulate the presence of guide dogs, signal dogs, or service dogs on the premises of a housing accommodation, nor shall this paragraph be construed to relieve a tenant from any liability otherwise imposed by law for real and personal property damages caused by such a dog when proof of same exists.
CIVIL CODE SECTION 54.3 [READS IN PART]:
[a] Every individual with a disability shall have the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the purpose, in any places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. However, the individual shall be liable for any damage done to the premises or facilities by his or her dog.
[b] Individuals who are blind or otherwise visually impaired and persons licensed to train guide dogs for individuals who are blind or visually impaired pursuant to Chapter 9.5 (commencing with Section 7200) of Division t of the Business and Professions Code or as defined in regulations implementing Title III of the American with Disabilities Act of 1990 (public Law 101-336), and individuals who are deaf or hearing impaired and persons authorized to train signal dogs for individuals who are deaf or hearing impaired, and individuals with a disability and persons who are authorized to train dogs for the individuals with a disability may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. However, the person shall be liable for any damage done to the premises or facilities by his or her dog. These persons shall ensure the dog is on a leash and tagged as a guide dog, signal dog, or service dog by identification tag issued by the county clerk, animal control department or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the Food and Agricultural Code. Nothing in this subdivision shall be construed to impose limitation to access to any person in violation of the Americans with Disabilities Act of 1990 (Public Law 101-336).
PENALTIES FOR BREAKING THE CIVIL CODE LAWS Section 54.3.
[a] Any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in Sections 54 or 54.1 or otherwise interferes with the rights of an individual with a disability under Sections 54, 54.1 and 54.2 is liable for each offense for the actual damages and any amount as may be determined by a jury, or the court sitting without a jury, up to a maximum of three times the amount of actual damages but in no case less than $750, and such attorney's fees as may be determined by the court in addition thereto, suffered by any person denied any of the rights provided in Sections 54, 54.1, and 54.2. "Interfere," for the purposes of this section, includes but not limited to, preventing or causing the prevention of a guide, signal, or service dog from carrying out its functions in assisting a disabled person.
[b] The remedies in this section are nonexclusive and are in addition to any other remedy provided by law, including, but not limited to, any action for injunctive or other equitable relief available to the aggrieved party or brought in the name of the people of this state or of the United States.
CIVIL CODE SECTION 52.2 [January 1, 1999]
This law specifies that the jurisdiction of the small claims court includes actions for damages, not to exceed $5,000, for specified acts of discrimination, boycotting, or blacklisting, or the refusal to buy or sell to a person; for violence, threat of violence, or intimidation based on specific characteristics of a person; for denial of interference with the right of access of a disabled person to specific public accommodations; and related civil rights actions as specified. Section 52.2 added to the Civil Code reads: An action pursuant to Section 52 or 54.3 may be brought in any court of competent jurisdiction. A "court of competent jurisdiction" shall include small claims court if the amount of the damages sought in the action does not exceed five thousand dollars ($5,000).
PENALTIES FOR ADA VIOLATIONS [Reads in Part]: (Dog guide coverage)
Violations under the Americans with Disabilities Act (ADA) may include penal and civil damages, depending on the nature of the complaint. Damages can be as much as $50,000 for the first offense and $100,000 for subsequent offenses. Under the ADA and its implementing regulations, the right of a blind person to be accompanied by a guide dog in places which serve the public is guaranteed. Section 36.104 of Title 3 specifies that "service animals," which include guide dogs, are covered by the statute. The right of a blind person to be accompanied by a guide dog is guaranteed and the term "public accommodation" is also defined under this provision.