Guide Dog Access Laws

Section 36.302(c) of the Americans with Disabilities Act requires public accommodations generally to modify policies, practices, and procedures to permit people who are blind or disabled to be accompanied by working dogs anywhere.

Service animal means any guide dog, signal dog, or other dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Places of public accommodation mean facilities, operated by a private entity, whose operations affect commerce and fall within at least one of the following categories:

• Places of lodging
• Establishments serving food or drink
• Places of exhibition or entertainment
• Places of public gathering
• Sales or rental establishments
• Service establishments
• Stations used for specified public transportation
• Places of public display or collection
• Places of recreation
• Places of education
• Social service center establishments
• Places of exercise or recreation

For more information, call the ADA Hotline at 800-514-0301.

PENALTIES FOR PREVENTING A GUIDE DOG USER FROM EXERCISING RIGHTS TO ACCESS

CA PENAL CODE SECTION 365.5 [JANUARY 1, 1995]

[a] Any blind person, deaf person, or disabled person, who is a passenger on any common carrier, airplane, motor vehicle, railway train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within this state, shall be entitled to have with him or her a specially trained guide dog, signal dog or service dog.

[b] No blind person, deaf person, or disabled person and his or her specially trained guide dog, signal dog, or service dog shall be denied admittance to accommodations, advantages, facilities, medical facilities, including hospitals, clinics and physician’s offices, telephone facilities, adoption agencies, private schools, hotels, lodging places, places of public accommodation, amusement, or resort and other places to which the general public is invited within this state because of the guide dog, signal dog, or service dog.

[c] Any person, firm, association, or corporation, or the agent of any person, firm, association, or corporation, who prevents a disabled person from exercising, or interferes with a disabled person in exercise of, the rights specified in this section is guilty of a misdemeanor punishable by a fine not exceeding $2,500.

[d] As used in this section, "guide dog" means any guide dog or Seeing Eye dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or that meets the definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336)

[e] As used in this section, "signal dog" means any dog trained to alert a deaf person or a person whose hearing is impaired, to intruders or sounds.

[f] As used in this section, "service dog" means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.

[g] (I) Nothing in this section is intended to affect any civil remedies available for a violation of this section
(2) This section is intended to provide equal accessibility for all owners or trainers of animals that are trained as guide dogs, signal dogs, or service dogs in a manner that is no less than that provided by the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435).

[h] The exercise of rights specified in subdivisions [a] and [b] by any person may not be conditioned upon payment of any extra charge, provided the person shall be liable for any probable damage done to the premises or facilities by his or her dog.

[I] Any trainer or individual with a disability may take dogs in any of the places specified in subdivisions (a) and (b) for the purpose of training the dogs as guide dogs, signal dogs, or service dog. The person shall ensure that the dog is on leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk or animal control department as authorized by Chapter 3.5 (commencing with Section 30850) of Division 14 of the Food and Agricultural Code. In addition, the person shall be liable for any provable damage done to the premises or facilities by his or her dog. Leg.H. 1986 ch. 765, 1992 ch. 913, 1993 ch. 1149, 1994 ch. 1257, 1996 ch. 498. Cross-References "Infraction" defined. Penal Code 19.6

PROTECTION OF GUIDE DOG USERS FROM INTERFERENCE CA PENAL CODE SECTION 365.6 [JANUARY 1, 1994]
[a] Any person who, with no legal justification, intentionally interferes with the use of a guide dog by obstructing or intimidating the guide dog user or his or her guide dog, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine of not less than $1,500 not more than $2,500, or both.

[b] As used in this section, "guide dog" means any guide dog or seeing-eye dog which was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the American with Disabilities Act of 1990 (public Law 101-336), or trained by a school recognized in another state to train guide or seeing-eye dogs.

[c] Nothing in this section is intended to affect any civil remedies available for violation of this section. Leg.H. 1993 ch. 1149.

GUIDE DOG—FRAUDULENT REPRESENTATION AS MISDEMEANOR CA PENAL CODE SECTION 365.7
[a] Any person who, knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000) or by both that fine and imprisonment.

[b] As used in this section, "owner" means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog. Leg.H 1994 ch.1257.

PROTECTING GUIDE DOGS FROM ATTACK CA PENAL CODE SECTION 600.2 [JANUARY 1, 1995]
[a] It is unlawful and constitutes an infraction for any person to permit any dog which is owned, harbored, or controlled by him or her to cause injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the guide, signal or service dog is in discharge of its duties.

[b] In any case in which the defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the disabled person who has custody or ownership of the guide, signal or service dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.

PENAL CODE SECTION 600.5
[a] Any person who intentionally causes injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the dog is in discharge of its duties, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding one year, or by a fine not exceeding $5,000 or both a fine and imprisonment.

[b] In any case in which the defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the disabled person who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.

BLIND PEDESTRIANS HAVE THE RIGHT-OF-WAY VEHICLE CODE SECTION 21963 [JANUARY 1, 1994]
A totally or partially blind pedestrian who is carrying a predominantly white cane (with or without a red tip), or using a guide dog, shall have the right-of-way, and the driver of any vehicle approaching this pedestrian, who fails to yield the right-of-way, or to take all reasonably necessary precautions to avoid injury to this blind pedestrian, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine of not less than $500 nor more than $1,000, or both. This section shall not preclude prosecution under any other applicable provision of the law.

IT IS NOT LEGAL TO CHARGE A DEPOSIT OR MAKE AN EXTRA CHARGE FOR GUIDE DOGS [JANUARY 1, 1995]
CIVIL CODE SECTION 54.1 [READS IN PART]:
[b] [1] Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons.

[6] [A] It shall be deemed a denial of equal access to housing accommodations within the meaning of this subdivision for any person, firm, or corporation to refuse to lease or rent housing accommodations to an individual who is blind or visually impaired on the basis that the individual uses the services of a guide dog, an individual who is deaf or hearing impaired on the basis that individual uses the services of a signal dog, or an individual with any other disability to keep a service dog on the premises.

[B] Except in the normal performance of duty as a mobility or signal aid, nothing contained in this paragraph shall be construed to prevent the owner of a housing accommodation from establishing terms in a lease or rental agreement which reasonably regulate the presence of guide dogs, signal dogs, or service dogs on the premises of a housing accommodation, nor shall this paragraph be construed to relieve a tenant from any liability otherwise imposed by law for real and personal property damages caused by such a dog when proof of same exists.

CIVIL CODE SECTION 54.3 [READS IN PART]:

[a] Every individual with a disability shall have the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the purpose, in any 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 individual shall be liable for any damage done to the premises or facilities by his or her dog.

[b] 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 t of the Business and Professions Code or as defined in regulations implementing Title III of the American 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 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 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.

Nothing in this subdivision shall be construed to impose limitation to access to any person in violation of the Americans with Disabilities Act of 1990 (Public Law 101-336).

PENALTIES FOR BREAKING THE CIVIL CODES

Section 54.3.[a] Any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in Sections 54 or 54.1 or otherwise interferes with the rights of an individual with a disability under Sections 54, 54.1 and 54.2 is liable for each offense for the actual damages and any amount as may be determined by a jury, or the court sitting without a jury, up to a maximum of three times the amount of actual damages but in no case less than $750, and such attorney’s fees as may be determined by the court in addition thereto, suffered by any person denied any of the rights provided in Sections 54, 54.1, and 54.2. "Interfere," for the purposes of this section, includes but not limited to, preventing or causing the prevention of a guide, signal, or service dog from carrying out its functions in assisting a disabled person.

[b] The remedies in this section are nonexclusive and are in addition to any other remedy provided by law, including, but not limited to, any action for injunctive or other equitable relief available to the aggrieved party or brought in the name of the people of this state or of the United States.

CIVIL CODE SECTION 52.2 [JANUARY 1, 1999]

This law specifies that the jurisdiction of the small claims court includes actions for damages, not to exceed $5,000, for specified acts of discrimination, boycotting, or blacklisting, or the refusal to buy or sell to a person; for violence, threat of violence, or intimidation based on specific characteristics of a person; for denial of interference with the right of access of a disabled person to specific public accommodations; and related civil rights actions as specified.

Section 52.2 added to the Civil Code reads: An action pursuant to Section 52 or 54.3 may be brought in any court of competent jurisdiction. A "court of competent jurisdiction" shall include small claims court if the amount of the damages sought in the action does not exceed five thousand dollars ($5,000). PENALTIES FOR ADA VIOLATIONS [READS IN PART]: GUIDE DOG COVERAGE Violations under the Americans with Disabilities Act (ADA) may include penal and civil damages, depending on the nature of the complaint. Damages can be as much as $50,000 for the first offense and $100,000 for subsequent offenses. Under the ADA and its implementing regulations, the right of a blind person to be accompanied by a guide dog in places which serve the public is guaranteed. Section 36.104 of Title 3 specifies that "service animals," which include guide dogs, are covered by the statute. The right of a blind person to be accompanied by a guide dog is guaranteed and the term "public accommodation" is also defined under this provision.

This guide (prepared by the U.S. Department of Justice, Civil Rights Division) provides an overview of federal civil rights laws that ensure equal opportunity for people with disabilities. To find out more about how these laws may apply to you, contact the agencies and organizations listed within. Reproduction of this document is encouraged!

TABLE OF CONTENTS:

Americans with Disabilities Act Introduction
Title I: Employment
Title II: State and Local Government
Title II: Public Transportation
Title III: Public Accommodations
Fair Housing Act
Air Carrier Access Act
Rehabilitation Act

AMERICANS WITH DISABILITIES ACT (ADA) INTRODUCTION

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

ADA TITLE I: EMPLOYMENT

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.

Title I complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.

Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government."

For the appropriate EEOC field office in your geographic area, call:

(800) 669-4000 (voice)
(800) 669-6820 (TDD)

Information on EEOC-enforced laws may be obtained by calling:

(800) 669-EEOC (voice)
(800) 800-3302 (TDD)

For information on how to accommodate a specific individual with a disability, call the Job Accommodation Network at:

(800) 526-7234 (voice/TDD)
(800) ADA-WORK (voice/TDD)

ADA TITLE II: STATE AND LOCAL GOVERNMENT

Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations.

For more information or to file a complaint, contact:

Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738

You may also call for information at:

(800) 514-0301 (voice)
(800) 514-0383 (TDD)

Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.

ADA TITLE II: PUBLIC TRANSPORTATION
The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations.

Questions and complaints about public transportation should be directed to:

Federal Transit Administration
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
Documents and Questions:
(202) 366-1656 (voice)
(202) 366-4567 (TDD)

Legal Questions:

(202) 366-1936 (voice/relay) (202) 366-9306 (voice)
(202) 755-7687 (TDD)
Complaints and Enforcement:
(202) 366-2285 (voice)
(202) 366-0153 (TDD)

ADA TITLE III: PUBLIC ACCOMMODATIONS

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court.

For more information or to file a complaint, contact:

Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738

You may also call for information at:
(800) 514-0301 (voice)
(800) 514-0383 (TDD)

FAIR HOUSING ACT

The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.

The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.

Complaints of Fair Housing Act violations may be filed with the U.S. Department of Housing and Urban Development.

For more information or to file a complaint, contact:
Office of Program Compliance and Disability Rights
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 7th Street, SW (Room 5242)
Washington, D.C. 20140

Additionally, the Department of Justice can file cases involving a pattern or practice of discrimination. The Fair Housing Act may also be enforced through private lawsuits.

AIR CARRIER ACCESS ACT

The Air Carrier Access Act prohibits discrimination in air transportation by air carriers against qualified individuals with physical or mental impairments. It applies only to air carriers that provide regularly scheduled services for hire to the public. Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities. People may enforce rights under the Air Carrier Access Act by filing a complaint with the U.S. Department of Transportation, or by bringing a lawsuit in Federal court.

For more information or to file a complaint contact:
Departmental Office of Civil Rights
Office of the Secretary
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
(202) 366-4648 (voice)
(202) 366-8538 (TDD)

You may also contact:
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
(202) 366-2220 (voice)
(202) 755-7687 (TDD)

REHABILITATION ACT

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

SECTION 501
Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch. To obtain more information or to file a complaint, employees should contact their agency's Equal Employment Opportunity Office.

SECTION 503
Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.

For more information on section 503, contact:
Office of Federal Contract Compliance Programs
U.S. Department of Labor
200 Constitution Ave, NW
Washington, D.C. 20210
(202) 219-9423 (voice/relay)

SECTION 504
Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court.

For information on how to file 504 complaints with the appropriate agency, contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(800) 514-0301 (voice)
(800) 514-0383 (TDD)