Definitions
“Service animal” means all of the following:(i) That term as defined in 28 CFR 36.104.
(ii) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability.
MCL 752.61
(Same definition for accommodation law, MCL 750.502c)
(Same definition for Chapter 37, Civil Rights, Identification and Patches for Service Animal, M.C.L.A. 37.301)
Accommodation Law
A public accommodation shall modify its policies, practices, and procedures to permit the use of a service animal by a person with a disability.If the service animal is a miniature horse, a public accommodation may use listed assessment factors to determine whether the miniature horse can be accommodated in its facility.
Michigan law incorporates the federal test for assessment of a service animal. Staff may only ask:
- Whether the service animal is required because of a disability.
- What work or task the service animal has been trained to perform.
Staff may not require documentation or ask the above questions if it is "readily apparent that the service animal is trained to do work or perform tasks for an individual with a disability."
A public accommodation that violates the relevant subsections of the law is guilty of a misdemeanor.
MCL 750.502c
Harassment of/Interference with Service Dogs
An individual shall not do either of the following:- Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.
- Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.
An individual who violates this is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
MCL 750.50a
Driving Law
A driver of a vehicle shall not approach a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian using a dog guide or walker. If driver fails to take precautions, liable in damages to blind pedestrian. Can also face investigation by peace officer for violation and possible referral to prosecuting attorney.MCL 752.52
Licensing Law
Notwithstanding any law or ordinance to the contrary, a service animal is not subject to any fee for licensing if either of the following applies:- The service animal is used by a person with a disability.
- The service animal is owned by a partnership, corporation, or other legal entity that trains service animals for use by a person with a disability.
Service Dog Fraud
A person shall not falsely represent that he or she is in possession of a service animal, or a service animal in training, in any public place.Violation is a misdemeanor punishable by 1 or more of the following:
- imprisonment for not more than 90 days
- a fine of not more than $500.00
- community service for not more than 30 days
A new law allows people to report violations by telephone to the Dept. of Civil Rights who may then refer to local law enforcement. MCL 752.64
