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Minnesota Minnesota Service Dog Law

Definitions

Under Chapter 363A, Minnesota Human Rights Act:

"Service animal" means a service animal as defined by the federal Americans with Disabilities Act, as amended.

M.S.A. § 363A.19

Under cruelty chapter that deals with harm to service animal:

"Service animal" means an animal trained to assist a person with a disability.

M. S. A. § 343.20

Under 609.226, Harm caused by dog:

"Service animal" means an animal individually trained or being trained to do work or perform tasks for the benefit of an individual with a disability.

M. S. A. § 609.226

Under 609.833, Misrepresentation of service animal:

"Service animal" has the meaning given in Code of Federal Regulations, title 28, section 36.104, as amended through March 1, 2018.

M.S.A. § 609.833

SDIT Covered?

Yes. Every person . . . training a dog to be a service dog shall have the right to be accompanied by a service dog in any of the places listed in section 363A.19. The person shall be liable for any damage done to the premises or facilities by such dog.

Accommodation Law

It is an unfair discriminatory practice for an owner, operator, or manager of a hotel, restaurant, public conveyance, or other public place to prohibit a blind or deaf person or a person with a physical or sensory disability from taking a service animal into the public place or conveyance to aid blind or deaf persons or persons with physical or sensory disabilities, and if the service animal is properly harnessed or leashed so that the blind or deaf person or a person with a physical or sensory disability may maintain control of the service animal.

M. S. A. § 363A.19

Every person who is totally or partially blind, or person who is deaf, or person with a physical disability, or any person training a dog to be a service dog shall have the right to be accompanied by a service dog in any of the places listed in section 363A.19. The person shall be liable for any damage done to the premises or facilities by such dog. The service dog must be capable of being properly identified as from a recognized school for seeing eye, hearing ear, service, or guide dogs.

M. S. A. § 256C.02

Harassment of/Interference with Service Dogs

Harm by person:

No person shall intentionally and without justification do either of the following to a service animal while it is providing service or while it is in the custody of the person it serves:

  1. cause bodily harm to the animal; or
  2. otherwise render the animal unable to perform its duties.
Penalty:

  • where the violation renders the service animal unable to perform its duties is guilty of a gross misdemeanor.
  • where the violation results in substantial bodily harm to a service animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
Mandatory restitution including the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual.

M. S. A. § 343.21

Harm by other dog:

A person who negligently or intentionally (1) permits the person's dog to run uncontrolled off the person's premises, or (2) fails to keep the person's dog properly confined or controlled; and as a result the dog causes bodily harm to a service animal or otherwise renders a service animal unable to perform its duties, is guilty of a misdemeanor.

The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual.

M. S. A. § 609.226

Driving Law

Any person operating a motor vehicle shall bring such motor vehicle to a stop and give the right-of-way to a blind pedestrian using a guide dog.

M. S. A. § 169.202

Service Dog Fraud

A person may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that person's possession as a service animal in any place of public accommodation to obtain any rights or privileges available to a person who qualifies for a service animal under state or federal law knowing that the person is not entitled to those rights or privileges.

A person who violates subdivision 2 is guilty of a petty misdemeanor except for a person who violates subdivision 2 a second or subsequent time is guilty of a misdemeanor.

M. S. A. § 609.833
 
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