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Massachusetts Massachusetts Service Dog Law

Definitions

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

M.G.L.A. 129 § 1

SDIT Covered?

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

M.G.L.A. 129 § 39F

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

M.G.L.A. 129 § 39D

Accommodation Law

Any blind person, or deaf or hearing handicapped person, or other physically handicapped person accompanied by a dog guide, shall be entitled to any and all accommodations, advantages, facilities and privileges of all public conveyances, public amusements and places of public accommodation, within the commonwealth, to which persons not accompanied by dogs are entitled.

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

M.G.L.A. 272 § 98A

Harassment of/Interference with Service Dogs

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

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

  • veterinary medical expenses
  • replacement cost of an equally trained assistance animal, without any differentiation for the age or the experience of the animal
A cause of action shall not arise under this section if the physically impaired individual, owner or the individual having custody or supervision of the assistance animal was engaged in the commission of a crime at the time of injury sustained by the assistance animal.

M.G.L.A. 272 § 85B

Driving Law

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

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

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

M.G.L.A. 90 § 14A

Licensing Law

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

M.G.L.A. 140 § 139
 
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