Definitions
"Service dog", a dog that is being or has been individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Service dog includes but is not limited to:(a) “Guide dog”, a dog that is being or has been specially trained to assist a particular blind or visually impaired person;
(b) “Hearing dog”, a dog that is being or has been specially trained to assist a particular deaf or hearing-impaired person;
(c) “Medical alert or response dog”, a dog that is being or has been trained to alert a person with a disability that a particular medical event is about to occur or to respond to a medical event that has occurred;
(d) “Mental health service dog” or “psychiatric service dog”, a dog individually trained for its owner who is diagnosed with a psychiatric disability, medical condition, or developmental disability recognized in the most recently published Diagnostic and Statistical Manual of Mental Disorders (DSM) to perform tasks that mitigate or assist with difficulties directly related to the owner's psychiatric disability, medical condition, or developmental disability;
(e) “Mobility dog”, a dog that is being or has been specially trained to assist a person with a disability caused by physical impairments;
(f) “Professional therapy dog”, a dog which is selected, trained, and tested to provide specific physical therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team as a part of the handler's occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community-based group settings, or when providing services to specific persons who have disabilities. Professional therapy dogs do not include dogs, certified or not, which are used by volunteers in visitation therapy;
(g) “Search and rescue dog”, a dog that is being or has been trained to search for or prevent a person with a mental disability, including but not limited to verbal and nonverbal autism, from becoming lost.
V. A. M. S. 209.200
SDIT Covered?
Yes. Not to exceed the provisions of the Americans With Disabilities Act, any trainer, from a recognized training center, of a guide dog, hearing assistance dog or service dog, or any member of a service dog team, as defined in section 209.200, shall have the right to be accompanied by such dog in or upon any of the premises listed in section 209.150 while engaged in the training of the dog without being required to pay an extra charge for such dog. Such trainer or service dog team member shall be liable for any damage done to the premise of facilities by such dog.V. A. M. S. 209.152
Accommodation Law
Every person with a disability, as defined in section 213.010, shall have the right to be accompanied by a service dog or dogs, as defined in section 209.200, which is especially trained for the purpose, in any of the places listed in subsection 2 of this section without being required to pay an extra charge for the service dog or dogs, as defined in section 209.200; provided that such person shall be liable for any damage done to the premises or facilities by such dog.V. A. M. S. 209.150
Violation is a class B misdemeanor.
V. A. M. S. 209.160
Harassment of/Interference with Service Dogs
Any person who knowingly, intentionally, or recklessly causes substantial physical injury to or the death of a service dog is guilty of a class A misdemeanor.Any person who knowingly or intentionally fails to exercise sufficient control over an animal such person owns, keeps, harbors, or exercises control over to prevent the animal from causing the substantial physical injury to or death of a service dog, or the subsequent inability to function as a service dog as a result of the animal's attacking, chasing, or harassing the service dog is guilty of a class A misdemeanor.
Any person who harasses or chases a dog known to such person to be a service dog is guilty of a class B misdemeanor.
Any person who owns, keeps, harbors, or exercises control over an animal and who knowingly or intentionally fails to exercise sufficient control over the animal to prevent such animal from chasing or harassing a service dog while such dog is carrying out the dog's function as a service dog, to the extent that the animal temporarily interferes with the service dog's ability to carry out the dog's function is guilty of a class B misdemeanor.
Can also recover civil damages.
V. A. M. S. 209.202
Driving Law
The driver of a vehicle approaching a person using a guide dog, hearing dog or service dog shall yield to such pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian and any injury caused to the pedestrian's guide dog, hearing dog or service dog.V. A. M. S. 304.080
Service Dog Fraud
Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation.Any second or subsequent violation of this section is a class B misdemeanor. For purposes of this section, “impersonates a person with a disability” means a representation by word or action as a person with a disability.
No person shall knowingly misrepresent a dog as a service dog for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq. For purposes of this section, “misrepresent a dog as a service dog” means a representation by word or action that a dog has been trained as a service dog, as defined in section 209.200.
Misrepresentation of a service dog, includes, but is not limited to:
(1) Knowingly creating documents that falsely represent that a dog is a service dog;
(2) Knowingly providing to another person documents falsely stating that a dog is a service dog;
(3) Knowingly fitting a dog, if the dog is not a service dog, with a harness, collar, vest, or sign of the type commonly used by a person with a disability to indicate a dog is a service dog; or
(4) Knowingly representing that a dog is a service dog if the dog has not completed training to perform disability-related tasks or do disability-related work for a person with a disability.
A person who violates this subsection is guilty of a class C misdemeanor and shall also be civilly liable for any actual damages resulting from such misrepresentation.
Any second or subsequent violation of this subsection is a class B misdemeanor.
V. A. M. S. 209.204
