§ 35.104, and further defined as an animal that is trained to do work or perform tasks for an individual with a disability. Under Chapter 7 - Rights of Blind and Otherwise Physically Disabled Persons:Īs defined by 28 C.F.R. In fact, those relatively new types of laws may have entirely different definitions for service animal (here is a map of those recent laws). The laws on this table only cover service dog fraud and not the laws related to fraudulent assistance animals in housing. This may simply involve the unauthorized use of a harness, vest, or orange leash that typically identifies as a dog as a service animal. A person who makes a false claim on this affidavit faces a possible six months in jail and/or $1,000 fine.įinally, more than half the states have laws that make it a crime to fraudulently represent that a person has the right to be accompanied by a service animal. In California, for instance, a person must attest to such fact in an affidavit. Sometimes proof of the dog's status as a service dog is required. Punishment typically involves a fine and possibly restitution resulting from injuries to the pedestrian and his or her guide dog.Ībout half the states offer licensing fee waivers/exemptions for service dogs. These laws mandate that drivers approaching pedestrians who are blind or visually handicapped and using guide dogs take such reasonable precautions before proceeding as may be necessary to avoid an accident or injury. Laws protecting disabled pedestrians, typically known as "White Cane Laws," appear in most states. In states with laws, restitution is required for injury to service animals. For the more serious crime of causing death or serious injury to a service animal, a person must "intentionally" cause the injury. Some laws require that a person only "recklessly" interfere with, or allow his or her dog to interfere with, a service animal. It is important to observe the state of mind (or mens rea in legal terms) required under many of these state laws. Violators can face a simple misdemeanor for willfully interfering with a service animal in New Hampshire, to a one-year term of imprisonment/$10,000 fine in California for causing intentional injury to a service animal. Only Alabama, Alaska, Iowa, Montana, and West Virginia do not appear to have such laws. Nearly all states (except for five) have laws that protect assistance animals from criminal interference, theft, and assault. Since federal law (the Americans with Disabilities Act or "ADA") only applies to service animals used to do work or perform tasks for persons with disabilities and not those in-training, it is presumed service dog trainers are not guaranteed public access in these four states. Currently, three states do not cover service animals in-training under their public accommodation laws: Hawaii, Washington, and Wyoming. Service dogs in training (SDiTs) are covered under the second column. This table only lists the public accommodation access laws and does not cover assistance animals in housing. If a listed place refuses entry with an assistance animal or otherwise interferes with the rights of the individual, that entity may have to pay a fine or could even face criminal charges (usually a misdemeanor). Other categories surveyed are equal access/public accommodation laws, criminal interference/harm to service animal laws, disabled pedestrian laws, dog licensing laws that address service animals, and laws concerning the fraudulent representation of service animals.Įqual access laws protect the rights of disabled individuals to use service animals in public places without being denied entry or having to pay an extra fee. The trend in states that have recently amended their service animal laws is to define "service animal" that same as the definition under federal law (e.g., 28 C.F.R. The first column gives state definitions for a service animal, which can include specific types of dogs, from a "guide dog" in Connecticut to a "medical alert or respond dog" in Missouri. This table compares state service animal laws. Links to the text of the various laws are provided. Included are public accommodation laws, criminal interference laws, licensing laws, disabled pedestrian laws, and service animal misrepresentation laws. This table compares all 50 states' service animal laws for several categories.
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