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SDit Laws - What are they in your state?

Tamalyn EstrinTamalyn Estrin San JosePosts: 606Member
edited 14 March, 2008 in Service & Therapy Dogs
Since this info can be hard to find I thought it might be a good idea to post the statues if you are 100% sure you are correct. Under CA codes: Section 54.2(b), Service dogs in training Individuals who are blind or otherwise visually impaired and persons licensed to train guide dogs for individuals who are blind or visually impaired pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336), and individuals who are deaf or hearing impaired and persons authorized to train signal dogs for individuals who are deaf or hearing impaired, and individuals with a disability and persons who are authorized to train service dogs for the individuals with a disability may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. However, the person shall be liable for any damage done to the premises or facilities by his or her dog. These persons shall ensure the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the Food and Agricultural Code. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Once they are official SD, they are covered under the ADA and DOJ rules. Full Statue Listing on Animal Law.com

Comments

  • Tamalyn EstrinTamalyn Estrin San JosePosts: 606Member
    edited 8 March, 2008
    North Carolina § 168-4.2. May be accompanied by service animal. SDIT also permitted. (a) Every person with a disability has the right to be accompanied by a service animal trained to assist the person with his or her specific disability in any of the places listed in G.S. 168?3, and has the right to keep the service animal on any premises the person leases, rents, or uses. The person qualifies for these rights upon the showing of a tag, issued by the Department of Health and Human Services, under G.S. 168?4.3, stamped \"NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION\" and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. The service animal may accompany a person in any of the places listed in G.S. 168?3. (b) An animal in training to become a service animal may be taken into any of the places listed in G.S. 168?3 for the purpose of training when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training. The trainer shall be liable for any damage caused by the animal while using a public conveyance or on the premises of a public facility or other place listed in G.S. 168?3. (1985, c. 514, s. 1; 1987, c. 401, s. 1; 1995, c. 276, s. 1; 1997?443, s. 11A.118(a); 2004?203, s. 62(a); 2005?450, s. 1.) § 168-4.3. Training and registration of service animal. The Department of Health and Human Services, shall adopt rules for the registration of service animals and shall issue registrations to a person with a disability who makes application for registration of an animal that serves as a service animal or to a person who is training an animal as a service animal. The rules adopted regarding registration shall require that the animal be trained or be in training as a service animal. The rules shall provide that the certification and registration need not be renewed while the animal is serving or training with the person applying for the registration. No fee may be charged the person for the application, registration, tag, or replacement in the event the original is lost. The Department of Health and Human Services may, by rule, issue a certification or accept the certification issued by the appropriate training facilities. (1985, c. 514, s. 1; 1987, c. 401, s. 2; 1997?443, s. 11A.118(a); 2004?203, s. 62(b); 2005?450, s. 1.) Full Statue List on Servicedogcentral.org
  • Linda LoveLinda Love Columbia SCPosts: 136Member
    edited 8 March, 2008
    =D>=D> You are perfectly correct and they are not suppose to ask what your disability is, altho they do sometimes but it\'s just to be nosey. My dad has a disability that you can\'t see at first, but he is qualified for the ADA and I am his service animal.%:D%%:D%%:D% It wasn\'t to hard for me to be trained by signals cuz I\'m quite smart if I do say so myself and so did my traniner.|$||$||$| When I was an SDIT it was like I had already passed my test. I\'m glad I get to help my dad....and plan to help for a long time to come. Although we have met with some adversity cuz I\'m just little and most people are used to seeing big doggies. But us little guys are just as good if not better at some things.
  • Elizabeth KElizabeth K ChicagoPosts: 11,036Member
    edited 9 March, 2008
    I was sure I had read several years before that service dogs in training were allowed public access in Illinois. However, I just did a web search and could not find anything about it! Hmm... :?
  • Veronica MorrisVeronica Morris El Cerrito/SF Bay areaPosts: 14,677Member
    edited 9 March, 2008
    Ginger, I searched Illionois statutes as well and did not find SDIT access anywhere. Here is their definition of a service animal: "(510 ILCS 70/2.01c) Sec. 2.01c. Service animal. "Service animal" means an animal trained in obedience and task skills to meet the needs of a disabled person. " Here's where you can search their state laws: http://www.ilga.gov/search/iga_search.asp?scope=ilcs
  • Cait MacanlissCait Macanliss LancasterPosts: 559Member
    edited 9 March, 2008
    Servicedogcentral.org has a GREAT section about this in their forum with some real experts on SD law.
  • Micah CarrMicah Carr Acton IN.Posts: 164Member
    edited 13 March, 2008
    Indiana http://www.in.gov/legislative/ic/code/ Applies to Guide, Hearing, and Service Dogs Accessibility “. . . entitled to be accompanied by a guide dog, especially trained for the purpose, in any public accommodation without being required to pay an extra charge for the guide dog. However, the person is liable for any damage done to the accommodation by the dog.” 1 “As used in this section, ‘public accommodation’ means an establishment that caters or offers services, facilities, or goods to the general public.” 2 Interference Class C infraction Housing “All persons with disabilities are entitled to full and equal access, as other members of the public, to all housing accommodations offered for rent, lease, or compensation in Indiana.” 3 “A person renting, leasing, or providing real property for compensation shall not refuse to accept a person with a disability as a tenant due to the fact that the person with a disability has a guide dog that assists the person with a disability in overcoming a particular disability.” 4 Licenses/Fees not mentioned Identification not mentioned Misrepresentation not mentioned Trainers “A guide dog trainer, while engaged in the training process of a guide dog, is entitled to access to any public accommodation granted by this section.” 5 White Cane precautionary statute; White Cane Safety Day is October 15. Injury to Dog not mentioned Penalties Class C infraction Summary Indiana law requires that a specially trained Assistance Dog be allowed to accompany a blind, deaf, mentally or physically disabled person or trainer to all public accommodations and common carriers. Extra charges cannot be made due to the presence of the dog, but if the dog causes damage to the premises, the dog user is liable. Accessibility 16-32-3-2(1993); 22-9-6-5(1993) Interference 16-32-3-2(c)(1993) Housing 22-9-6-3(1993); 22-9-6-5(1993); 16-32-3-2(a)(1993) Trainers 16-32-3-2 (d)(1993) White Cane 9-21-17-21(1991); 16-32-3-4(1993) Penalties 16-32-3-2(1993); 16-32-3-3(1993) 1Indiana Code, Title 16, Article 32, Chapter 3, Section IC 16-32-3-2(b3). 2Indiana Code, Title 16, Article 32, Chapter 3, Section IC 16-32-3-2(a). 3Indiana Code, Title 22, Article 9, Chapter 6, Section IC 22-9-6-3. 4Indiana Code, Title 22, Article 9, Chapter 6, Section IC 22-9-6-5. 5Indiana Code, Title 16, Article 32, Chapter 3, Section IC 16-32-3-2(d).
  • Ellen McCarthyEllen McCarthy Locust GrovePosts: 1,008Member ✭✭
    edited 13 March, 2008
    ARIZONA *** E... SDIT are treated the same as a fully trained SD... 11-1024. Service animals; rights of individuals with disabilities; violation; classification; definitions A. Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals. B. It is not discriminatory to exclude a service animal from a public place if one or more of the following apply: 1. The animal poses a direct threat to the health or safety of others. 2. The animal fundamentally alters the nature of the public place or the goods, services or activities provided. 3. The animal poses an undue burden. C. Public places may maintain a general no pets policy if it is not used to exclude service animals and if it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets. D. A service animal handler is liable for any damage done to a public place by the service animal or service animal in training. E. Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in subsections A, B and C of this section. F. A zoo or wild animal park may prohibit a service animal, including a dog guide or service dog, from any area of the zoo or wild animal park where the service animal may come into direct contact with the animals contained in the zoo or wild animal park. Service animals shall not be excluded from public walkways or sidewalks or from any area that allows for physical barriers between the service animals, dog guides or service dogs and the animals in the zoo or wild animal park. Any zoo or wild animal park that prohibits dog guides and service dogs shall provide without cost adequate facilities for the temporary confinement of dog guides and service dogs. The facilities shall be adequate to accommodate the anticipated attendance of legally blind, deaf or physically disabled persons, shall be in an area not accessible to the general public, shall provide water for the dog guides and service dogs and shall otherwise be safe, clean and comfortable. The zoo or wild animal park on request by a legally blind person who is required to leave that person's dog guide or service dog pursuant to this subsection shall provide a sighted escort if the legally blind person is unaccompanied by a sighted person. G. The driver of a vehicle approaching a legally blind pedestrian who is carrying a cane that is predominately white or metallic in color, who is using a service animal or who is assisted by a sighted person shall yield the right-of-way and take reasonable precautions to avoid injury to the pedestrian and the service animal. The pedestrian has the same rights as any other person whether or not the pedestrian is carrying the cane, using a service animal or being assisted by a sighted person. Drivers shall take the same precautions with respect to pedestrians who have a disability other than blindness and their service animals. A driver who violates this subsection is liable for damages for any injury caused to the pedestrian or the service animal. H. Any person or entity that violates subsections A through G of this section is guilty of a class 2 misdemeanor. I. This section is not intended to affect any civil remedies available for a violation of this section. J. For the purposes of this section: 1. "Direct threat to the health or safety of others" means that a significant risk to the health or safety of others exists and cannot be eliminated by modification of policies, practices or procedures or by the provision of auxiliary aids or services. 2. "Discriminate" means discriminatory actions prescribed in section 41-1492.02 and includes: (a) Refusing to permit an individual with a disability to enter a public place with a service animal or interfering with the individual's right to enter or use the public place. (b) Failing to provide an individual with a disability the same services and access to the same areas of the premises as afforded to others. (c) Attempting to impose a charge, fee or deposit because an individual with a disability is accompanied by a service animal. (d) Requiring an individual with a disability to disclose disability related information. However, a public accommodation may ask if the animal is a service animal being used because of a disability. (e) Requiring provision of identification for the service animal. 3. "Individual with a disability" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual. 4. "Public place" means any office or place of business or recreation to which the general public is invited, whether operated by a public or private entity and includes all forms of conveyance, including taxis, tow trucks and ambulances. 5. "Service animal" means any guide dog, signal dog or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing assistance in a medical crisis, pulling a wheelchair or fetching dropped items. 6. "Wild animal park" means an entity that is open to the public on a regular basis, that is licensed by the United States department of agriculture as an exhibit and that is operating primarily to conserve, propagate and exhibit wild and exotic animals.
  • Micah CarrMicah Carr Acton IN.Posts: 164Member
    edited 13 March, 2008
    AND also for INDIANA IC 35-46-3-11.5 Cruelty to a service animal Sec. 11.5. (a) As used in this section, \"service animal\" means an animal that a person who is impaired by: (1) blindness or any other visual impairment; (2) deafness or any other aural impairment; (3) a physical disability; or (4) a medical condition; relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person\'s medical condition. (b) A person who knowingly or intentionally: (1) interferes with the actions of a service animal; or (2) strikes, torments, injures, or otherwise mistreats a service animal; while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A misdemeanor. (c) An offense under subsection (b)(2) is a Class D felony if the act results in the: (1) serious permanent disfigurement; (2) unconsciousness; (3) permanent or protracted loss or impairment of the function of a bodily member or organ; or (4) death; of the service animal. (d) It is a defense that the accused person: (1) engaged in a reasonable act of training, handling, or disciplining the service animal; or (2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person. As added by P.L.143-1996, SEC.2. Amended by P.L.9-2003, SEC.4.
  • Lija DayLija Day StrasburgPosts: 6Member
    edited 14 March, 2008
    (reprinting from conversation with fellow trainer Stacey H.) A Service Dog is a Service Dog, is a Service Dog. Federal law trumps state law, state law trumps county law, county law trumps city law. We, in Colorado, have state laws wich allow for SDiT to have the same public access as a fully trained SD. See: COLORADO scroll down to: COLORADO REVISED STATUTES TITLE 24, ARTICLE 34 PART 8 PERSONS WITH DISABILITIES - CIVIL RIGHTS 24-34-801. Legislative declaration. (1) The general assembly hereby declares that it is the policy of the state: c) That the blind, the visually impaired, the deaf, the partially deaf, and the otherwise physically disabled have the same rights as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places; [the above section was enacted in 1979--the reason for a bit of non-inclusivity, ADA was in 1990] .... cont'd: 24-34-803. Rights of persons with assistance dogs. (1) A person with a disability, including but not limited to a blind, visually impaired, deaf, hard of hearing, or otherwise physically disabled person, has the right to be accompanied by an assistance dog specially trained for that person without being required to pay an extra charge for the assistance dog in or on the following places and subject to the conditions and limitations established by law and applicable alike to all persons: (a) Public streets, highways, walkways, public buildings, public facilities and services, and other public places; (b) Any place of public accommodation or on public transportation services; and (c) Any housing accommodation offered for rent, lease, or other compensation in the state. (2) A trainer of an assistance dog has the right to be accompanied by an assistance dog that the trainer is in the process of training without being required to pay an extra charge for the assistance dog in or on the following places: (a) Public streets, highways, walkways, public buildings, public facilities and services, and other public places; and (b) Any place of public accommodation or on public transportation services. (3) (a) An employer shall not refuse to permit an employee with a disability who is accompanied by an assistance dog to keep the employee's assistance dog with the employee at all times in the place of employment. An employer shall not fail or refuse to hire or discharge any person with a disability, or otherwise discriminate against any person with a disability, with respect to compensation, terms, conditions, or privileges of employment because that person with a disability is accompanied by an assistance dog specially trained for that person. (b) An employer shall make reasonable accommodation to make the workplace accessible for an otherwise qualified person with a disability who is an applicant or employee and who is accompanied by an assistance dog specially trained for that person unless the employer can show that the accommodation would impose an undue hardship on the employer's business. For purposes of this paragraph (b), "undue hardship" means an action requiring significant difficulty or expense. (4) The owner or the person having control or custody of an assistance dog or an assistance dog in training is liable for any damage to persons, premises, or facilities, including places of housing accommodation and places of employment, caused by that person's assistance dog or assistance dog in training. The person having control or custody of an assistance dog or an assistance dog in training shall be subject to the provisions of section 18-9-204.5, C.R.S. (5) A person with a disability is exempt from any state or local licensing fees or charges that might otherwise apply in connection with owning an assistance dog. (6) The mere presence of an assistance dog in a place of public accommodation shall not be grounds for any violation of a sanitary standard, rule, or regulation promulgated pursuant to section 25-4-1604, C.R.S. (7) As used in this section, unless the context otherwise requires: (a) "Assistance dog" means a dog that has been or is being trained as a guide dog, hearing dog, or service dog. Such terms are further defined as follows: (I) "Guide dog" means a dog that has been or is being specially trained to aid a particular blind or visually impaired person. (II) "Hearing dog" means a dog that has been or is being specially trained to aid a particular deaf or hearing impaired person. (III) "Service dog" means a dog that has been or is being specially trained to aid a particular physically disabled person with a physical disability other than sight or hearing impairment. (b) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12102 (2), as amended. (c) "Employer" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12111 (5), as amended. (d) "Housing accommodations" means any real property or portion thereof that is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons but does not include any single family residence, the occupants of which rent, lease, or furnish for compensation not more than one room in that residence. (e) "Places of public accommodation" means the following categories of private entities: (I) Inns, hotels, motels, or other places of lodging, except establishments located within buildings actually occupied by the proprietor as the proprietor's residence containing five or fewer rooms for rent or hire; (II) Restaurants, bars, cafeterias, lunchrooms, lunch counters, soda fountains, casinos, or other establishments serving food or drink, including any such facility located on the premises of any retail establishment; (III) Gasoline stations or garages; (IV) Motion picture theaters, theaters, billiard or pool halls, concert halls, stadiums, sports arenas, amusement or recreation parks, or other places of exhibition or entertainment; (V) Auditoriums, convention centers, lecture halls, or other places of public gathering; (VI) Bakeries, grocery stores, clothing stores, hardware stores, shopping centers, or other sales or retail establishments; (VII) Laundromats, dry cleaners, banks, barber shops, beauty shops, travel services, shoe repair services, funeral parlors, offices of accountants or attorneys-at-law, pharmacies, insurance offices, professional offices of health care providers, hospitals, or other service establishments; (VIII) Terminals, depots, or other stations used for specified purposes; (IX) Museums, libraries, galleries, or other places of public display or collection; (X) Parks, zoos, or other places of recreation; (XI) Nursery, elementary, secondary, undergraduate, or graduate schools or other places of education; (XII) Day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies, or other social service center establishments; (XIII) Gymnasiums, health spas, bowling alleys, golf courses, or other places of exercise or recreation; (XIV) Any other establishment or place to which the public is invited; or (XV) Any establishment physically containing or contained within any of the establishments described in this paragraph (e) that holds itself out as serving patrons of the described establishment. (f) "Public transportation services" means common carriers of passengers or any other means of public conveyance or modes of transportation, including but not limited to airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or taxis. (g) "Trainer of an assistance dog" means a person who is qualified to train dogs to serve as assistance dogs. Source: L. 95: Entire section added, p. 321, § 3, effective (See Editor's note). Editor's note: This section was enacted in an act that was passed without a safety clause. Since a referendum petition was not filed pursuant to section 1 (3) of article V of the state constitution, it took effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly in 1995. ___________________________ The above wording still isn't quite the best, but does a bit better than the previous wording, from 1979.
  • Karen HazelriggKaren Hazelrigg Posts: 3,904Member
    edited 14 March, 2008
    Liberty, The ADA only addresses fully trained SDs. Each state can, and does, legislate public access of SDITs.
  • OnSiLahmOnSiLahm Posts: 2Member
    The state of Utah treats SDiTs as SDs, I know that. I have a SDiT and I take him anywhere a normal service dog can go. In fact, I started taking him out (just for short errands) soon after his first training session for the CGC. 

    I plan on going to Disneyland, though, in February and cannot for the life of me find out if it's the same - or similar - in California. I've booked hotels and I don't think they're pet friendly, so I need to know if I can bring my SDiT!
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