General Information
A. Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability. Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks.
B. It is not discriminatory to exclude a service animal from a public place if one or more of the following apply:
C. If a public place asks an individual to remove a service animal pursuant to subsection B of this section, the public place shall give the individual the opportunity to return and obtain goods, services or accommodations without the animal on the premises.
D. Public places may maintain a general no pets policy if it is not used to exclude service animals and if it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets.
E. A service animal must be under the control of the service animal's handler.
F. A service animal's handler is liable for any damage done to a public place by the service animal or service animal in training.
G. Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in subsections A, B and D of this section.
K. A person may not fraudulently misrepresent an animal as a service animal or service animal in training to a person or entity that operates a public place. A court or duly appointed hearing officer may impose on the person misrepresenting the animal in violation of this subsection a civil penalty of not more than two hundred fifty dollars for each violation.
B. It is not discriminatory to exclude a service animal from a public place if one or more of the following apply:
- 1. The animal poses a direct threat to the health or safety of others.
- 2. The animal fundamentally alters the nature of the public place or the goods, services or activities provided.
- 3. The animal poses an undue burden.
- 4. The animal is out of control and the animal's handler does not take effective action to control the animal.
- 5. The animal is not housebroken.
C. If a public place asks an individual to remove a service animal pursuant to subsection B of this section, the public place shall give the individual the opportunity to return and obtain goods, services or accommodations without the animal on the premises.
D. Public places may maintain a general no pets policy if it is not used to exclude service animals and if it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets.
E. A service animal must be under the control of the service animal's handler.
F. A service animal's handler is liable for any damage done to a public place by the service animal or service animal in training.
G. Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in subsections A, B and D of this section.
K. A person may not fraudulently misrepresent an animal as a service animal or service animal in training to a person or entity that operates a public place. A court or duly appointed hearing officer may impose on the person misrepresenting the animal in violation of this subsection a civil penalty of not more than two hundred fifty dollars for each violation.
