Definitions
Under Chapter 9.1, Equal Rights of Blind and Deaf Persons to Public Facilities:"Guide dog" means a dog that has been or is being specially trained to aid a particular blind or visually impaired person.
"Hearing dog" means a dog that has been or is being specially trained to aid a particular deaf or hard-of-hearing person.
"Service animal" means a dog that has been or is being specifically trained to assist an individual with a disability, and includes a guide dog or hearing dog.
Gen. Laws, 1956, § 40-9.1-1
SDIT Covered?
Yes. Every trainer or puppy raiser of a service animal shall have the same rights and privileges as stated in § 40-9.1-2 for every person with a disability. Each trainer or puppy raiser during the training of a service animal is liable for any damage done to persons, premises, or facilities by that service animal.Gen. Laws, 1956, § 40-9.1-2.1
Accommodation Law
Every person with a disability has the right to be accompanied by a service animal, specially trained for that person in any place listed in § 40-9.1-1 without being required to pay an extra charge for the personal assistance animal. Each person with a disability using a service animal is solely liable for any damage done to persons, premises, or facilities by the service animal.Gen. Laws, 1956, § 40-9.1-2
It is unlawful for any person, corporation, or the agent of any corporation to:
(1) Withhold, deny, deprive, or attempt to withhold, deny, or deprive, any other person of any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;
(2) Intimidate, threaten, coerce, or attempt to threaten, intimidate, or coerce, any other person to interfere with any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;
(3) Punish, or attempt to punish, any person for exercising, or attempting to exercise, any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1.
Violation is a misdemeanor punishable imprisonment in the county jail for not more than 6 months or by a fine of not less than $100, or by both fine and imprisonment. Also liable for actual damages for any economic loss and/or punitive damages.
Gen. Laws, 1956, § 40-9.1-3
(Note the state also grants access to "family therapy pets" as defined that are working in the provision of pet-assisted therapy treatment and education. Immunization and other criteria described must first be met).Gen. Laws, 1956, § 40-9.1-5
Harassment of/Interference with Service Dogs
Under Dog Law:Owner of dog who dog kills, wounds, or worries, or assists in killing, wounding, or worrying, any seeing-eye dog certified for use as a guide-dog under harness or engaged in act of guiding owner, or if that dog assaults or bites the visually impaired person, the owner of offending dog must pay the blind or visually impaired guide-dog owner double all the damages sustained.
If the act occurs again, the owner of the offending dog owes treble damages and an order must be made by the court to kill the dog.
Gen. Laws, 1956, § 4-13-16.1
Under Equal Rights Law:
It is unlawful for any person to injure a service animal and the person shall be liable for the injuries to the service animal, and if necessary the replacement and compensation for the loss of the service animal.
It is unlawful for the owner of an animal to allow their animal to injure a service animal because the owner failed to control or leash the animal. The owner shall also be liable for the injuries to the service animal, and if necessary the replacement and compensation for the loss of the service animal.
Any person or corporation who or that violates these provisions is also liable to the person whose rights were violated for actual damages for any economic loss and/or punitive damages, to be recovered by a civil action.
In an action brought under this section, the court shall award costs and reasonable attorney's fees to the prevailing party.
Gen. Laws, 1956, § 40-9.1-3
Driving Law
Whenever a pedestrian is crossing/attempting to cross a public street guided by a trained seeing-eye guide dog or a hearing-ear signal dog clearly identified as such by a yellow harness, approaching drivers must bring vehicles to a full stop and before proceeding shall take any precautions that may be necessary to avoid injuring the pedestrian.Gen. Laws, 1956, § 31-18-14
Violation results in fine of fine not more than $250.
Gen. Laws, 1956, § 31-18-16
Licensing Law
Any city or town may waive the fee to be charged to license guide dogs used by persons with disabilities.Gen. Laws, 1956, § 4-13-4
Service Dog Fraud
It is a violation of this chapter for an individual to take an animal into a public area where pets are not permitted, and state that the animal is a service animal entitled to be present, if the animal is not a service animal.It shall be a violation for any individual to misrepresent a pet or any other animal as a service animal when attempting to gain access to or remain in a public area. A violation of this section occurs when:
(1) An individual expressly represents that an animal in his or her possession is a service animal for the purpose of obtaining any rights or privileges afforded to persons with disabilities accompanied by service animals, but unavailable to people and their pets or other animals; and
(2) The individual knew or should have known that the animal in question did not meet the definition of a service animal.
A violation of this section shall be deemed a civil violation, punishable by up to 30 hours of community service for an organization that serves individuals with disabilities at the discretion of the court.
Gen. Laws, 1956, § 40-9.1-3.1
