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Service Animals and Emotional Support Animals

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Where are they allowed and under what conditions?

 Jacquie Brennan
Vinh Nguyen (Ed.)
Southwest ADA Center

A program of ILRU at TIRR Memorial Hermann

This manual is dedicated to the memory of Pax, a devoted guide dog, and to all the handler and dog teams working together across the nation. Guide dogs make it possible for their handlers to travel safely with independence, freedom and dignity.

Pax guided his handler faithfully for over ten years. Together they negotiated countless busy intersections and safely traveled the streets of many cities, large and small. His skillful guiding kept his handler from injury on more than one occasion. He accompanied his handler to business meetings, restaurants, theaters, and social functions where he conducted himself as would any highly-trained guide dog. Pax was a seasoned traveler and was the first dog to fly in the cabin of a domestic aircraft to Great Britain, a country that had previously barred service animals without extended quarantine.

Pax was born in the kennels of The Seeing Eye in the beautiful Washington Valley of New Jersey in March 2000. He lived with a puppy-raiser family for almost a year where he learned basic obedience and was exposed to the sights and sounds of community life—the same experiences he would soon face as a guide dog. He then went through four months of intensive training where he learned how to guide and ensure the safety of the person with whom he would be matched. In November 2001 he was matched with his handler and they worked as a team until Pax’s retirement in January 2012, after a long and successful career. Pax retired with his handler’s family, where he lived with two other dogs. His life was full of play, long naps, and recreational walks until his death in January 2014.

It is the sincere hope of Pax’s handler that this guide will be useful in improving the understanding about service animals, their purpose and role, their extensive training, and the rights of their handlers to travel freely and to experience the same access to employment, public accommodations, transportation, and services that others take for granted.

Individuals with disabilities may use service animals and emotional support animals for a variety of reasons. This guide provides an overview of how major Federal civil rights laws govern the rights of a person requiring a service animal. These laws, as well as instructions on how to file a complaint, are listed in the last section of this publication. Many states also have laws that provide a different definition of service animal. You should check your state’s law and follow the law that offers the most protection for service animals.  The document discusses service animals in a number of different settings as the rules and allowances related to access with service animals will vary according to the law applied and the setting.

A service animal means any dog that is 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. Tasks performed can include, among other things, pulling a wheelchair, retrieving dropped items, alerting a person to a sound, reminding a person to take medication, or pressing an elevator button.

Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual’s disability. It does not matter if a person has a note from a doctor that states that the person has a disability and needs to have the animal for emotional support. A doctor’s letter does not turn an animal into a service animal.

Examples of animals that fit the ADA’s definition of “service animal” because they have been specifically trained to perform a task for the person with a disability:

· Guide Dog or Seeing Eye® Dog1 is a carefully trained dog that serves as a travel tool for persons who have severe visual impairments or are blind.

· Hearing or Signal Dog is a dog that has been trained to alert a person who has a significant hearing loss or is deaf when a sound occurs, such as a knock on the door.

· Psychiatric Service Dog is a dog that has been trained to perform tasks that assist individuals with disabilities to detect the onset of psychiatric episodes and lessen their effects. Tasks performed by psychiatric service animals may include reminding the handler to take medicine, providing safety checks or room searches, or turning on lights for persons with Post Traumatic Stress Disorder, interrupting self-mutilation by persons with dissociative identity disorders, and keeping disoriented individuals from danger.

· SSigDOG (sensory signal dogs or social signal dog) is a dog trained to assist a person with autism. The dog alerts the handler to distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flapping).

· Seizure Response Dog is a dog trained to assist a person with a seizure disorder. How the dog serves the person depends on the person’s needs. The dog may stand guard over the person during a seizure or the dog may go for help. A few dogs have learned to predict a seizure and warn the person in advance to sit down or move to a safe place.

Under Title II and III of the ADA, service animals are limited to dogs. However, entities must make reasonable modifications in policies to allow individuals with disabilities to use miniature horses if they have been individually trained to do work or perform tasks for individuals with disabilities.

While Emotional Support Animals or Comfort Animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities. Even though some states have laws defining therapy animals, these animals are not limited to working with people with disabilities and therefore are not covered by federal laws protecting the use of service animals.  Therapy animals provide people with therapeutic contact, usually in a clinical setting, to improve their physical, social, emotional, and/or cognitive functioning.

The handler is responsible for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity does not have to allow the animal onto its premises. Uncontrolled barking, jumping on other people, or running away from the handler are examples of unacceptable behavior for a service animal. A business has the right to deny access to a dog that disrupts their business. For example, a service dog that barks repeatedly and disrupts another patron’s enjoyment of a movie could be asked to leave the theater. Businesses, public programs, and transportation providers may exclude a service animal when the animal’s behavior poses a direct threat to the health or safety of others. If a service animal is growling at other shoppers at a grocery store, the handler may be asked to remove the animal.

· The ADA requires the animal to be under the control of the handler.  This can occur using a harness, leash, or other tether.  However, in cases where either the handler is unable to hold a tether because of a disability or its use would interfere with the service animal’s safe, effective performance of work or tasks, the service animal must be under the handler’s control by some other means, such as voice control.2

· The animal must be housebroken.3

· The ADA does not require covered entities to provide for the care or supervision of a service animal, including cleaning up after the animal.

· The animal should be vaccinated in accordance with state and local laws.

· An entity may also assess the type, size, and weight of a miniature horse in determining whether or not the horse will be allowed access to the facility.

a) Public Facilities and Accommodations

Titles II and III of the ADA makes it clear that service animals are allowed in public facilities and accommodations. A service animal must be allowed to accompany the handler to any place in the building or facility where members of the public, program participants, customers, or clients are allowed. Even if the business or public program has a “no pets” policy, it may not deny entry to a person with a service animal. Service animals are not pets. So, although a “no pets” policy is perfectly legal, it does not allow a business to exclude service animals.

When a person with a service animal enters a public facility or place of public accommodation, the person cannot be asked about the nature or extent of his disability. Only two questions may be asked:

1. Is the animal required because of a disability?

2. What work or task has the animal been trained to perform?

These questions should not be asked, however, if the animal’s service tasks are obvious. For example, the questions may not be asked if the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability.4

A public accommodation or facility is not allowed to ask for documentation or proof that the animal has been certified, trained, or licensed as a service animal. Local laws that prohibit specific breeds of dogs do not apply to service animals.5

A place of public accommodation or public entity may not ask an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees. Entities cannot require anything of people with service animals that they do not require of individuals in general, with or without pets. If a public accommodation normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.6

b) Employment

Laws prohibit employment discrimination because of a disability. Employers are required to provide reasonable accommodation. Allowing an individual with a disability to have a service animal or an emotional support animal accompany them to work may be considered an accommodation. The Equal Employment Opportunity Commission (EEOC), which enforces the employment provisions of the ADA (Title I), does not have a specific regulation on service animals.7 In the case of a service animal or an emotional support animal, if the disability is not obvious and/or the reason the animal is needed is not clear, an employer may request documentation to establish the existence of a disability and how the animal helps the individual perform his or her job.

Documentation might include a detailed description of how the animal would help the employee in performing job tasks and how the animal is trained to behave in the workplace.  A person seeking such an accommodation may suggest that the employer permit the animal to accompany them to work on a trial basis.

Both service and emotional support animals may be excluded from the workplace if they pose either an undue hardship or a direct threat in the workplace.

c) Housing

The Fair Housing Act (FHA) protects a person with a disability from discrimination in obtaining housing. Under this law, a landlord or homeowner’s association must provide reasonable accommodation to people with disabilities so that they have an equal opportunity to enjoy and use a dwelling.8 Emotional support animals that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the FHA.9 In cases when a person with a disability uses a service animal or an emotional support animal, a reasonable accommodation may include waiving a no-pet rule or a pet deposit.10 This animal is not considered a pet.

A landlord or homeowner’s association may not ask a housing applicant about the existence, nature, and extent of his or her disability. However, an individual with a disability who requests a reasonable accommodation may be asked to provide documentation so that the landlord or homeowner’s association can properly review the accommodation request.11 They can ask a person to certify, in writing, (1) that the tenant or a member of his or her family is a person with a disability; (2) the need for the animal to assist the person with that specific disability; and (3) that the animal actually assists the person with a disability.  It is important to keep in mind that the ADA may apply in the housing context as well, for example with student housing. Where the ADA applies, requiring documentation or certification would not be permitted with regard to an animal that qualifies as a “service animal.”

d) Education

Service animals in public schools (K-12)13 – The ADA permits a student with a disability who uses a service animal to have the animal at school.  In addition, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act allow a student to use an animal that does not meet the ADA definition of a service animal if that student’s Individual Education Plan (IEP) or Section 504 team decides the animal is necessary for the student to receive a free and appropriate education.  Where the ADA applies, however, schools should be mindful that the use of a service animal is a right that is not dependent upon the decision of an IEP or Section 504 team.14

Emotional support animals, therapy animals, and companion animals are seldom allowed to accompany students in public schools. Indeed, the ADA does not contemplate the use of animals other than those meeting the definition of “service animal.”  Ultimately, the determination whether a student may utilize an animal other than a service animal should be made on a case-by-case basis by the IEP or Section 504 team.

Service animals in postsecondary education settings – Under the ADA, colleges and universities must allow people with disabilities to bring their service animals into all areas of the facility that are open to the public or to students.

Colleges and universities may have a policy asking students who use service animals to contact the school’s Disability Services Coordinator to register as a student with a disability. Higher education institutions may not require any documentation about the training or certification of a service animal. They may, however, require proof that a service animal has any vaccinations required by state or local laws that apply to all animals.

e) Transportation

A person traveling with a service animal cannot be denied access to transportation, even if there is a “no pets” policy. In addition, the person with a service animal cannot be forced to sit in a particular spot; no additional fees can be charged because the person uses a service animal; and the customer does not have to provide advance notice that s/he will be traveling with a service animal.

The laws apply to both public and private transportation providers and include subways, fixed-route buses, Paratransit, rail, light-rail, taxicabs, shuttles and limousine services.

f) Air Travel

At the end of 2020, the U.S. Department of Transportation (DOT) announced that it revised its Air Carrier Access Act regulation on the transportation of service animals by air. We are working to update the information provided below to align with the changes. While we take the time to update our information, check out a summary of the changes available on DOT’s website. You can also find some additional information in DOT’s Aviation Consumer Protection’s article about service animals.

The Air Carrier Access Act (ACAA) requires airlines to allow service animals and emotional support animals to accompany their handlers in the cabin of the aircraft.

Service animals – For evidence that an animal is a service animal, air carriers may ask to see identification cards, written documentation, presence of harnesses or tags, or ask for verbal assurances from the individual with a disability using the animal. If airline personnel are uncertain that an animal is a service animal, they may ask one of the following:

1. What tasks or functions does your animal perform for you?

2. What has your animal been trained to do for you?

3. Would you describe how the animal performs this task for you? 15

Emotional support and psychiatric service animals – Individuals who travel with emotional support animals or psychiatric service animals may need to provide specific documentation to establish that they have a disability and the reason the animal must travel with them. Individuals who wish to travel with their emotional support or psychiatric animals should contact the airline ahead of time to find out what kind of documentation is required.

Examples of documentation that may be requested by the airline: Current documentation (not more than one year old) on letterhead from a licensed mental health professional stating (1) the passenger has a mental health-related disability listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM IV); (2) having the animal accompany the passenger is necessary to the passenger’s mental health or treatment; (3) the individual providing the assessment of the passenger is a licensed mental health professional and the passenger is under his or her professional care; and (4) the date and type of the mental health professional’s license and the state or other jurisdiction in which it was issued.16 This documentation may be required as a condition of permitting the animal to accompany the passenger in the cabin.

Other animals – According to the ACAA, airlines are not required otherwise to carry animals of any kind either in the cabin or in the cargo hold. Airlines are free to adopt any policy they choose regarding the carriage of pets and other animals (for example, search and rescue dogs) provided that they comply with other applicable requirements (for example, the Animal Welfare Act).

Animals such as miniature horses, pigs, and monkeys may be considered service animals. A carrier must decide on a case-by-case basis according to factors such as the animal’s size and weight; state and foreign country restrictions; whether or not the animal would pose a direct threat to the health or safety of others; or cause a fundamental alteration in the cabin service.17 Individuals should contact the airlines ahead of travel to find out what is permitted.

Airlines are not required to transport unusual animals such as snakes, other reptiles, ferrets, rodents, and spiders. Foreign carriers are not required to transport animals other than dogs.18

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.  If employees, fellow travelers, or customers are afraid of service animals, a solution may be to allow enough space for that person to avoid getting close to the service animal.

Most allergies to animals are caused by direct contact with the animal. A separated space might be adequate to avoid allergic reactions.

If a person is at risk of a significant allergic reaction to an animal, it is the responsibility of the business or government entity to find a way to accommodate both the individual using the service animal and the individual with the allergy. 

a) Air Travel

The Air Carrier Access Act (ACAA) does not allow “service animals in training” in the cabin of the aircraft because “in training” status indicates that they do not yet meet the legal definition of service animal. However, like pet policies, airline policies regarding service animals in training vary. Some airlines permit qualified trainers to bring service animals in training aboard an aircraft for training purposes. Trainers of service animals should consult with airlines and become familiar with their policies.

 b) Employment

In the employment setting, employers may be obligated to permit employees to bring their “service animal in training” into the workplace as a reasonable accommodation, especially if the animal is being trained to assist the employee with work-related tasks. The untrained animal may be excluded, however, if it becomes a workplace disruption or causes an undue hardship in the workplace.

c) Public Facilities and Accommodations

Title II and III of the ADA does not cover “service animals in training” but several states have laws when they should be allowed access.

a) Public Facilities and Accommodations

Title II of the ADA covers state and local government facilities, activities, and programs. Title III of the ADA covers places of public accommodations. Section 504 of the Rehabilitation Act covers federal government facilities, activities, and programs. It also covers the entities that receive federal funding.

Title II and Title III Complaints – These can be filed through private lawsuits in federal court or directed to the U.S. Department of Justice.

U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Civil Rights Division
Disability Rights Section – NYA
Washington, DC 20530
http://www.ada.gov
800-514-0301 (v)
800-514-0383 (TTY)

Section 504 Complaints – These must be made to the specific federal agency that oversees the program or funding.

b) Employment

Title I of the ADA and Section 501 and Section 504 of the Rehabilitation Act prohibits discrimination in employment. The ADA covers private employers with 15 or more employees; Section 501 applies to federal agencies, and Section 504 applies to any program or entity receiving federal financial assistance.

ADA Complaints - A person must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of an alleged violation of the ADA. This deadline may be extended to 300 days if there is a state or local fair employment practices agency that also has jurisdiction over this matter. Complaints may be filed in person, by mail, or by telephone by contacting the nearest EEOC office. This number is listed in most telephone directories under “U.S. Government.” For more information:

http://www.eeoc.gov/contact/index.cfm
800-669-4000 (voice)
800-669-6820 (TTY)

Section 501 Complaints - Federal employees must contact their agency’s Equal Employment Opportunity (EEO) officer within 45 days of an alleged Section 501 violation.

Section 504 Complaints – These must be filed with the federal agency that funded the employer.

c) Housing

The Fair Housing Act (FHA), as amended in 1988, applies to housing. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in all housing programs and activities that are either conducted by the federal government or receive federal financial assistance. Title II of the ADA applies to housing provided by state or local government entities.


Complaints – Housing complaints may be filed with the Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity.

http://www.hud.gov/fairhousing

800-669-9777 (voice)

800-927-9275 (TTY)

d) Education

Students with disabilities in public schools (K-12) are covered by Individuals with Disabilities Education Act (IDEA), Title II of the ADA, and Section 504 of the Rehabilitation Act. Students with disabilities in public postsecondary education are covered by Title II and Section 504.  Title III of the ADA applies to private schools (K-12 and post-secondary) that are not operated by religious entities. Private schools that receive federal funding are also covered by Section 504.

IDEA Complaints - Parents can request a due process hearing and a review from the state educational agency if applicable in that state. They also can appeal the state agency’s decision to state or federal court. You may contact the Office of Special Education and Rehabilitative Services (OSERS) for further information or to provide your own thoughts and ideas on how they may better serve individuals with disabilities, their families and their communities.

For more information contact:

Office of Special Education and Rehabilitative Services

U.S. Department of Education

400 Maryland Avenue, S.W.

Washington, DC 20202-7100

202-245-7468 (voice)

Title II of the ADA and Section 504 Complaints - The Office for Civil Rights (OCR) in the Department of Education enforces Title II of the ADA and Section 504 as they apply to education. Those who have had access denied due to a service animal may file a complaint with OCR or file a private lawsuit in federal court. An OCR complaint must be filed within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended for good cause. Before filing an OCR complaint against an institution, an individual may want to find out about the institution’s grievance process and use that process to have the complaint resolved. However, an individual is not required by law to use the institutional grievance process before filing a complaint with OCR. If someone uses an institutional grievance process and then chooses to file the complaint with OCR, the complaint must be filed with OCR within 60 days after the last act of the institutional grievance process.

For more information contact:

U.S. Department of Education

Office for Civil Rights

400 Maryland Avenue, S.W.

Washington, DC 20202-1100

Customer Service: 800-421-3481 (voice)

800-877-8339 (TTY)

E-mail: [email protected]

http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

Title III Complaints – These may be filed with the Department of Justice.

U.S. Department of Justice

950 Pennsylvania Avenue, N.W.

Civil Rights Division

Disability Rights Section – NYA

Washington, DC 20530

http://www.ada.gov/

800-514-0301 (v)

800-514-0383 (TTY)

e) Transportation

Title II of the ADA applies to public transportation while Title III of the ADA applies to transportation provided by private entities. Section 504 of the Rehabilitation Act applies to federal entities and recipients of federal funding that provide transportation.

Title II and Section 504 Complaints – These may be filed with the Federal Transit Administration’s Office of Civil Rights. For more information, contact:

Director, FTA Office of Civil Rights

East Building – 5th Floor, TCR

1200 New Jersey Ave., S.E.

Washington, DC 20590
FTA ADA Assistance Line: 888-446-4511 (Voice)
800-877-8339 (Federal Information Relay Service)
http://www.fta.dot.gov/civil_rights.html
http://www.fta.dot.gov/12874_3889.html (Complaint Form)

Title III Complaints – These may be filed with the Department of Justice.

U.S. Department of Justice

950 Pennsylvania Avenue, N.W.

Civil Rights Division

Disability Rights Section – NYA

Washington, DC 20530

http://www.ada.gov
800-514-0301 (v)

800-514-0383 (TTY)

Note: A person does not have to file a complaint with the respective federal agency before filing a lawsuit in federal court.

f) Air Transportation

The Air Carrier Access Act (ACAA) covers airlines. Its regulations clarify what animals are considered service animals and explain how each type of animal should be treated.

ACAA complaints may be submitted to the Department of Transportation’s Aviation Consumer Protection Division. Air travelers who experience disability-related air travel service problems may call the hotline at 800-778-4838 (voice) or 800- 455-9880 (TTY) to obtain assistance. Air travelers who would like the Department of Transportation (DOT) to investigate a complaint about a disability issue must submit their complaint in writing or via e-mail to:

Aviation Consumer Protection Division
Attn: C-75-D
U.S. Department of Transportation
1200 New Jersey Ave, S.E.
Washington, DC 20590

For additional information and questions about your rights under any of these laws, contact your regional ADA center at 800-949-4232 (voice/TTY).

The contents of this booklet were developed by the Southwest ADA Center under a grant (#H133A110027) from the Department of Education’s National Institute on Disability and Rehabilitation Research (NIDRR). However, those contents do not necessarily represent the policy of the Department of Education and you should not assume endorsement by the Federal Government.

Southwest ADA Center at ILRU
TIRR Memorial Hermann Research Center
1333 Moursund St.
Houston, Texas 77030
713.520.0232 (voice/TTY)
800.949.4232 (voice/TTY)
http://www.southwestada.org

The Southwest ADA Center is a program of ILRU (Independent Living Research Utilization) at TIRR Memorial Hermann.  The Southwest ADA Center is part of a national network of ten regional ADA Centers that provide up-to-date information, referrals, resources, and training on the Americans with Disabilities Act (ADA). The centers serve a variety of audiences, including businesses, employers, government entities, and individuals with disabilities. Call 1-800-949-4232 v/tty to reach the center that serves your region or visit http://www.adata.org.

This book is printed courtesy of the ADA National Network. The Southwest ADA Center would like to thank Jacquie Brennan (author), Ramin Taheri, Richard Petty, Kathy Gips, Sally Weiss, Wendy Strobel Gower, Erin Marie Sember-Chase, Marian Vessels, and the ADA Knowledge Translation Center at the University of Washington for their contributions to this booklet.



© Southwest ADA Center 2014. All rights reserved

Principal Investigator: Lex Frieden
Project Director: Vinh Nguyen
Publication staff: Maria DelBosque, Marisa Demaya, and George Powers


[1] http://www.seeingeye.org

[2] 28 C.F.R. 36.302(c)(4); 28 C.F.,R. § 35.136(d).

[3] 28 C.F.R. 36.302(c)(2); 28 C.F.,R. §35.136(b)(2).

[4] 28 C.F.R. 36.302(c)(6).

[5] See 28 C.F.R. Pt. 35, App. A; Sak v. Aurelia, City of,  C 11-4111-MWB (N.D. Iowa Dec. 28, 2011)

[6] 28 C.F.R. 36.302(c)(8).

[7] 29 C.F.R. Pt. 1630 App. The EEOC, in the Interpretive Guidance accompanying the regulations, stated that guide dogs may be an accommodation...”For example, it would be a reasonable accommodation for an employer to permit an individual who is blind to use a guide dog at work, even though the employer would not be required to provide a guide dog for the employee.”

[8] 42 U.S.C. § 3604(f)(3)(B).

[9] Fair Housing of the Dakotas, Inc. v. Goldmark Prop. Mgmt., Inc., 3:09-cv-58 (D.N.D. Mar. 30, 2011): “… the FHA encompasses all types of assistance animals regardless of training, including those that ameliorate a physical disability and those that ameliorate a mental disability.”

[10] See Bronk v. Ineichen, 54 F.3d 425, 428-429 (7th Cir. 1995); HUD v. Purkett, FH-FL 19372 (HUDALJ July 31, 1990) Green v. Housing Authority of Clackamas County, 994 F.Supp. 1253 (D. Ore. 1998).

[11] Hawn v. Shoreline Towers Phase 1 Condominium Association, Inc., 347 Fed. Appx. 464 (11th Cir. 2009).

[12] See “Pet Ownership for the Elderly and Persons with Disabilities”, 73 Federal Register 208 (27 October 2008), pp. 63834-63838; United States. (2004). Reasonable Accommodations under the Fair Housing Act: Joint Statement of the Department of Housing and Urban Development and Department of Justice. Washington, D.C: U.S. Department of Housing and Urban Development and U.S. Department of Justice [Electronic Version]. Retrieved 03/06/2014 from http://www.justice.gov/crt/about/hce/jointstatement_ra.php.

[13] Private schools that are not operated by religious entities are considered public accommodations. Please refer to Section V(a).

[14] Sullivan v. Vallejo City Unified Sch. Dist., 731 F. Supp. 947 (E.D. Cal. 1990).

[15] “Guidance Concerning Service Animals in Air Transportation”, 68 Federal Register 90 (9 May 2003), p. 24875.

[16] 14 C.F.R. § 382.117(e).

[17] 14 C.F.R. § 382.117(f).

[18] Id.

Sours: https://adata.org/guide/service-animals-and-emotional-support-animals

Service Animals

The U.S. Department of Justice enforces Title II of the ADA and the associated regulations and standards that apply to state and local governments. DOJ also enforces Title III of the ADA which applies to businesses, non-profits, and other public accommodations. Under the ADA, service animals are dogs that are individually trained to do work or perform tasks for people with disabilities. The County welcomes persons with disabilities who are accompanied by service animals in all of our buildings, programs and activities. No identification or special tags are required. Service animals must be harnessed or leashed unless those devices would interfere with the work the service animal performs. In cases where the service animal is not leashed or harnessed, the handler must have the service animal under voice or signal control. If a service animal becomes disruptive a County staff person may ask that the service animal be removed. The County will consider the use of miniature horses as a service animal on a case-by-case basis. Contact the ADA Compliance Team to discuss this.

Panel title

Service Animals

Panel title

Service Animals

In Maryland, state law permits service animal trainers accompanied by a service animal in training to participate in County programs and events unless admitting the animal would create a clear danger of a disturbance or physical harm. For more information check:
law.justia.com/codes/maryland/2010/human-services/title-7/subtitle-7/7-705

For more information on service animals:

The Department of Justice has a comprehensive fact sheet on service animals and their use in both Title II and Title III buildings and facilities:
www.ada.gov/service_animals_2010.htm

The Federal Transit Administration (FTA) enforces ADA regulations for transit services including Montgomery County’s Ride-On system. The FTA definition of service animal is broader than the definition used by DOJ and is not limited to dogs. For more information check:
ftawebprod.fta.dot.gov/ContactUsTool/Public/FAQs.aspx?CategoryID=4

The U.S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act requirements in housing situations. The Fair Housing Act protects people with disabilities in housing and includes an even broader definition of service animal. Requests for service and support animals can be made under the reasonable accommodation process:
www.hud.gov/offices/fheo/library/huddojstatement.pdf

Sours: https://www.montgomerycountymd.gov/DGS-ADA/ServiceAnimals.html
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Getting an Emotional Support Animal in Maryland

emotional support animal in marylandThinking about getting an emotional support animal in Maryland? Don’t worry, nowadays it’s easier than ever! The state of Maryland protects your rights as an ESA owner to travel and live with your companion. If you have a mental health condition (such as post-traumatic stress disorder or depression) you may be allowed to become an owner.

Emotional support animals (be it dogs, cats, or others) give people with mental disabilities a chance to get better and make their day-to-day lives easier. They can make patients feel less stressed, anxious, and less alone. No wonder so many people are thinking of getting an emotional support animal in Maryland!

To become a protected ESA owner you need a few things. In this article, we’ll go over what you need to do if you’re living in Maryland.

Emotional Support Animal in Maryland: Specific Protection

If you live here, you’ll be protected by two major laws: the Fair Housing Act (FHA), and the Air Carriers Access Act (ACAA). These are federal laws that grant you protection when looking for a house and when traveling by plane. Maryland’s disability laws also protect you and your ESA.

Definition of Assistance Animal

Assistance animals are there, well, to assist a person in need! Whether that be physically or emotionally, assistance animals are both service animals AND emotional support animals.

Emotional support animals are psychiatric service animals and they help people with their health and well-being. They are not pets since ESAs and their owners need to be officially recognized.

Service dogs and ESAs are sometimes wrongly lumped together in the same category. However, they are not the same thing. Despite both providing services and help to humans, ESAs are not trained like service dogs are.

While service dogs will help blind people, emotional support dogs will provide comfort to people with some sort of a mental disability. They are companion animals.

How to Get an Emotional Support Animal in Maryland: CertaPet’s Simple 5-minute process

Getting an emotional support animal in Maryland doesn’t have to be a hassle.

Now that you know what an ESA is, you need to find out if you can get one. Luckily, we’ve put together a pre-screening test that will tell you if you qualify as an ESA owner or not. If the test says that you are, you’ll be put in touch with a licensed mental health professional (LMHP).

From here, we will handle everything so that you can get your ESA as soon as possible. The LMHP you’ve been assigned will draft up an emotional support letter stating your need for an ESA and some personal information about you. You won’t have to worry about anything else other than communicating with us.

If everything goes alright, you could have an ESA letter in just 48 hours!

Travel Laws (Air Carrier Access Act)

Are you getting an emotional support animal in Maryland and you’re wondering about flying with them? If so, the Air Carrier Access Act covers you legally.

ESA dog on a plane with ESA owner looking out the window in Maryland

According to the ACAA, ESA owners can have their assistance animal with them on a plane ride, with no extra fee. To be covered by the law, here are the main things you need to have and do:

  • Give your airline a 48-hour notice that you’ll be traveling with an ESA.
  • Your ESA letter as issued by a licensed mental health professional.
  • Guarantee that your ESA will behave during the flight.

Some airlines request extra documents, such as a veterinary health form. You should always check with your airline if they have any extra requirements.

If you comply with all these requirements, you and ESA will have a hassle-free flight!

Employment Laws

According to the Americans with Disabilities Act (ADA), service dogs are allowed in public places — workplaces included. Unfortunately, emotional support dogs don’t fit into this category. This means that ESAs are not usually allowed into the workplace.

However, the ADA states that no citizen can be discriminated against because of their disability (mental included). It can be argued that not allowing an ESA in the workplace counts as discrimination. If you present your situation to your employer, they might let you bring your companion animal to work.

This also applies to those getting an emotional support animal in Maryland. To make sure you can argue your case effectively, don’t forget your ESA letter at home.

Housing Laws (Fair Housing Act)

Are you renting a place and getting an ESA in Maryland? If so, we’re happy to tell you that the Fair Housing Act (FHA) is on your side.

Those looking for a place to rent in Maryland can rest assured — they won’t have problems finding accommodation for them and their ESA. Landlords have, by law, to provide “reasonable accommodation” for those with a valid ESA letter. This must come with no added fees. ESA owners even have the right to live with their companion in properties that have a no-pets policy.

You will most likely have to show an ESA letter to be protected by the FHA.

ESA Campus Housing

In case you’re wondering — yup, ESA owners living in campus housing are also covered by the FHA. This means that those getting an emotional support animal in Maryland and living on campus are not excluded!

Campus housing counts as regular housing, which is why the FHA also applies to it. Your residence hall will more likely than not request an emotional support letter in order to let your companion animal stay with you.

Exception to Rules

Because ESAs are still quite recent and legislation isn’t very specific, disputes will be heard on a case-by-case basis. However, there are some instances when your ESA owner rights might be revoked:

  • If your dog causes damages, you will be made to pay for them.
  • If your dog can’t behave (violent, aggressive or dangerous behavior), they won’t be allowed in public places.
  • Not carrying all the legal documents that prove the need for an ESA.

As long as you comply with the rules, the size of your emotional support dog does not influence if you’re covered by the laws.

Punishment for Misrepresenting an Assistance Animal

Unlike 19 states in the country, Maryland does not punish those who pass of a pet as an assistance animal. However, in Hawaii, for example, misrepresentation comes with a fine of up to $2000.

Getting an emotional support animal in Maryland really isn’t that difficult. Why not do it the legal way?

5 Facts You Need to Know Before Receiving Your ESA

  1. Only licensed mental health professionals can write you an ESA letter.
  2. ESA letters are awarded to the owner and not the animal.
  3. There is no such thing as an ESA registration or certificate. Companies promising these things should be avoided, as the documents they provide have won’t hold up in court.
  4. ESAs are not just dogs — they can be miniature horses, cats, and more!
  5. If you don’t treat your animal well, the authorities have the right to take them away from you.

Where to Find a Suitable ESA!

As long as the animal behaves, they can come from anywhere. You can’t buy an “ESA approved” animal, but you can look in shelters for a potential new furry friend. ESAs don’t need special training, so all you need to look for in a potential one is if they’re the right match for you.

Where to Take Your Emotional Support Animal!

Maryland’s disability rights, you can bring your ESA with you to public places. You won’t have to stick to only dog-friendly establishments — although these are probably the best options.

They’ll be able to accompany you on a nice afternoon out and provide the emotional comfort you so love. Maryland has plenty of places where you can bring your four-legged friend and have fun!

Emotional support dog playing with owner catching a frisbee at a park in Maryland

Dog Parks and Dog Runs

Is your emotional support dog looking forward to running around and make new dog friends? Check out these parks:

  • Assateague National Seashore — Berlin
  • Locust Point Dog Park at Latrobe Park — Baltimore
  • Quiet Waters Park — Annapolis

Dog-Friendly Restaurants and Bars

If you want to enjoy a meal and bring your doggo with you, you might want to check out these places:

  • Macky’s Bayside Bar & Grill — Ocean City
  • Cinghiale — Baltimore
  • Bayside Skillet — Ocean City

Resorts, Fitness, and Spas

Looking for a getaway? These places in Maryland are welcoming to dogs:

  • Comfort Suites Ocean City — Ocean City
  • Hotel Monaco Baltimore — Baltimore
  • The Inn at Perry Cabin — St. Michaels

Events

Maryland is a dog-friendly state and there are always dozens of state-wide dog events. Going to one of the events would be a great way to spend quality time with your companion. It would be fun for the two of you!

ESAs in Maryland: How to Get Connected with an LMHP in Your State Today!

Getting an emotional support animal in Maryland first means reaching out to a licensed mental health professional (LMHP). If you don’t already see one, we have great news for you.

After completing CertaPet‘s five-minute pre-screening (for free!), you’ll be put in touch with a professional if you qualify for an ESA. This way, the whole process of getting an emotional support animal will be put into practice. It’s this simple!

As you can tell, getting an emotional support animal in Maryland has a lot of benefits. Not only will you be comforted by your ESA, but you will also be protected by state and federal laws. With CertaPet’s help, you can get an ESA stress-free. Think of the good times you could have together!

Sours: https://www.certapet.com/emotional-support-animal-maryland/

Full Statute Name:  Consolidated Assistance Animal/Guide Dog Laws

West's Annotated Code of Maryland. Article 10 to Article 26A. Article 24. Political Subdivisions--Miscellaneous Provisions. Title 11. Licenses. Subtitle 5. Regulation of Animals

§ 13-104. Service dogs 

Title 7. Individuals with Disabilities. Subtitle 7. Blind, Visually Impaired, Deaf, Hard of Hearing, and Mobility Impaired Individuals.

§ 7-701 . Definitions

§ 7-702 . State policy

§ 7-703 . Blind Industries and Services of Maryland

§ 7-704 . Rights of individuals with disabilities

§ 7-705 . Service animals

§ 7-706 . Construction

§ 7-707 . Violations; injunction

§ 7-708 . Professional training programs to include rights of individuals with service animals

§ 7-709 . White Cane Safety Day

Title 9. Miscellaneous Executive Agencies. Subtitle 9. Department of Veterans Affairs. Part VIII. Maryland Veterans Service Animal Program.

§ 9-957. Maryland Veterans Service Animal Program (MD Code, State Government, § 9-957)

Transportation. Title 21. Vehicle Laws--Rules of the Road. Subtitle 5. Pedestrians' Rights and Rules.

§ 21-511 . Blind, deaf or mobility impaired pedestrians

 

 

West's Annotated Code of Maryland. Article 10 to Article 26A. Article 24. Political Subdivisions--Miscellaneous Provisions. Title 11. Licenses. Subtitle 5. Regulation of Animals

 § 13-104. Service dogs 

(Formerly cited as MD CODE, Art. 24, § 11-502)

“Service dogs” defined

(a) In this section, “service dog” means a dog that is professionally trained to aid individuals who are:

(1) blind or visually impaired;

(2) deaf or hard of hearing; or

(3) mobility impaired.

Exemption from fees

(b) If an application meets the requirements of subsection (c) of this section and the local licensing agency is satisfied that the dog for which a license is sought is a service dog and is actually in use as a service dog:

(1) the dog owner is not required to pay a fee for issuance of the license; and

(2) the local licensing agency shall inscribe across the face of the license in red ink the words “service dog”.

Affidavit required
(c)(1) An application for a license for a service dog shall be accompanied by an affidavit from the owner stating that:

(i) the dog for which the license is sought has been professionally trained as a service dog; and

(ii) the owner is aware that the owner may be liable, under § 7-705 of the Human Services Article, for damages caused by the service dog to premises or facilities.

(2) The local licensing agency in each county shall make forms available for affidavits required under this subsection.

Additional tag
(d)(1) In addition to any tag issued under Part II of this subtitle, the local licensing agency shall issue a tag for a service dog.

(2) A service dog tag shall:

(i) be orange;

(ii) be labeled “service dog”; and

(iii) indicate that it is issued by the State.

(3) In accordance with § 4-316 of the State Finance and Procurement Article, the Department of General Services shall purchase the service dog tags and make them available to the counties on reimbursement for the cost of the tags.

Credits
Added by Acts 2013, c. 119, § 2, eff. Oct. 1, 2013.

 

§ 7-701. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Blind

(b) “Blind” means:

(1) a visual acuity not exceeding 20/200 in the better eye with corrective lenses; or

(2) a visual field of which the widest diameter subtends an angle of not more than 20 degrees.

Deaf

(c) “Deaf” means a permanent hearing loss:

(1) that necessitates the use of amplification devices to hear oral communication; or

(2) for which amplification devices are ineffective.

Disability

(d) “Disability” has the meaning stated in the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12102.

Housing accommodations

(e) “Housing accommodations” means real property, or a portion of real property, that is:

(1) offered for compensation; and

(2) used or occupied, or intended to be used or occupied, as the residence or lodging of at least one individual.

Mobility impaired

(f) “Mobility impaired” means an inability to carry objects or to move or travel without the use of an assistive device or service animal.

Service animal

(g) “Service animal” means a 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:

(1) guiding individuals with impaired vision;

(2) alerting individuals with impaired hearing to an intruder or sounds;

(3) providing minimal protection or rescue work;

(4) pulling a wheelchair;

(5) fetching dropped items; or

(6) detecting the onset of a seizure.

Service animal trainer

(h) “Service animal trainer” means a person who trains or raises service animals for individuals with disabilities, whether the person is a professional or volunteer.

Credits

Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2007, c. 241, § 1, eff. Oct. 1, 2007; Acts 2008, c. 594, § 1, eff. Oct. 1, 2008; Acts 2008, c. 595, § 1, eff. Oct. 1, 2008; Acts 2012, c. 305, § 1, eff. Oct. 1, 2012.

 

§ 7-702. State policy

Social and economic participation

(a) It is the policy of the State to encourage and enable blind, visually impaired, deaf, and hard of hearing individuals to participate fully in the social and economic life of the State and to be employed.

Employment supported by public funds

(b) It is the policy of the State that blind, visually impaired, deaf, and hard of hearing individuals shall be employed by the State, political subdivisions of the State, public schools, and other employers supported wholly or partly by public funds on the same terms and conditions as individuals without those disabilities, unless an individual's disability prevents doing the work required.

Deaf and hard of hearing recognized as cultural minority

(c) Deaf and hard of hearing individuals in the State are recognized as a cultural minority with specialized communication needs.

American Sign Language

(d)(1) In this subsection, "American Sign Language" means a visual-spatial method of communication that is a distinct language involving the hands, arms, facial markers, and body movements to communicate with others, including the conveyance of thoughts, words, emotions, and grammatical information.

(2) American Sign Language is recognized as a language system designed to meet the specialized communication needs of deaf and hard of hearing individuals.

CREDIT(S)

Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007.

 

§ 7-703. Blind Industries and Services of Maryland

(a) In this section, “Board” means the Board of Trustees of Blind Industries and Services of Maryland.

Board of Trustees of Blind Industries and Services of Maryland established

(b) There is a Board of Trustees that is a body corporate under the name of “Blind Industries and Services of Maryland”.

Composition; appointment

(c)(1) The Board consists of 11 trustees appointed by the Governor with the advice and consent of the Senate.

(2) Of the 11 trustees, at least 4 trustees shall be blind.

Organization

(d)(1) From among its members, the Board shall elect a chair and a treasurer.

(2) The Board may elect another member to serve as chair if it is inconvenient or impossible for the regularly elected chair to serve.

Terms

(e)(1) The term of a member is 3 years.

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2007.

Vacancies

(f)(1) The Governor shall fill a vacancy on the Board by appointment with the advice and consent of the Senate.

(2) A member who is appointed after a term begins shall serve only for the rest of the term and until a successor is appointed and qualifies.

Compensation; expenses

(g) A trustee is entitled to:

(1) per diem compensation for each Board or committee meeting attended in accordance with the State budget; and

(2) reimbursement for expenses incurred in the performance of the trustee's duties under the Standard State Travel Regulations,1 as provided in the State budget.

Duties

(h) The Board shall:

(1) maintain in Baltimore City a training and employment center for blind individuals;

(2) operate the Blind Industries and Services of Maryland for the labor and manufactures of all blind adult residents of the State who give satisfactory evidence of character and ability to do the work required;

(3) use the profits arising from the operation of the Blind Industries and Services of Maryland to further its mission;

(4) acquire suitable quarters in the State;

(5) keep proper records of its funds and accounts; and

(6) report annually to the Governor, and subject to § 2-1257 of the State Government Article, the General Assembly, and the chair of the Joint Audit and Evaluation Committee on the condition and operations of the Blind Industries and Services of Maryland, including a thorough discussion of its programs and the participation of the blind community in these programs.

Powers

(i) The Board may:

(1) apply that portion of the endowment fund and annual income that the Board considers expedient to establish training and employment centers in any part of the State and to open a store for the sale of articles manufactured by blind individuals;

(2) extend the benefits of the training and employment centers and the store to blind adults of the State who do not reside in institutions on any terms and under any regulations that the Board prescribes;

(3) generally supervise and control the training and employment centers;

(4) acquire and hold real, personal, and mixed property;

(5) sue and be sued;

(6) make, use, and alter a seal;

(7) appoint a corporate secretary and other necessary employees and set their compensation; and

(8) establish, maintain, direct, and supervise each matter concerning the Blind Industries and Services of Maryland, including the purchase of any machinery and materials that the Board considers suitable and necessary and the barter or exchange of articles or manufactures entrusted to the Board for disposal.

Audit

(j) The Board shall be audited annually.

Credits
Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2019, c. 8, § 5.

Footnotes
1 COMAR 23.02.01.01 et seq.

 

§ 7-704. Rights of individuals with disabilities

 Public places

(a) Individuals with disabilities, the parents of a minor child with a disability, and service animal trainers who are accompanied by an animal being trained or raised as a service animal have the same right as individuals without disabilities to the full and free use of the roads, sidewalks, public buildings, public facilities, and other public places.

Public accommodations and conveyances

(b)(1) Individuals with disabilities, the parents of a minor child with a disability, and service animal trainers who are accompanied by an animal being trained or raised as a service animal are entitled to full and equal rights and privileges with respect to common carriers and other public conveyances or modes of transportation, places of public accommodations, and other places to which the general public is invited, subject only to any conditions and limitations of general application established by law.H

(2) The failure of a blind or visually impaired pedestrian to carry a cane predominantly white or metallic in color, with or without a red tip, or an individual with a disability or a parent of a minor child with a disability to use a service animal wearing an orange license tag or orange collar and on a leash, or to use a service animal in a place, accommodation, or conveyance listed in paragraph (1) of this subsection does not constitute contributory negligence per se.

Housing accommodations

(c)(1) This subsection does not apply to any accommodations or single family residence in which the occupants offer for compensation not more than one room.

(2) An individual with a disability, a parent of a minor child with a disability, or a service animal trainer who is accompanied by an animal being trained or raised as a service animal is entitled to the same access as other members of the general public to housing accommodations in the State, subject to any conditions and limitations of general application established by law.

(3) An individual with a disability, a parent of a minor child with a disability, or a service animal trainer who has, obtains, or may wish to obtain a service animal or an animal to be trained or raised as a service animal is entitled to full and equal access to housing accommodations.

(4) An individual with a disability, a parent of a minor child with a disability, or a service animal trainer who is accompanied by a service animal or an animal being trained or raised as a service animal may not be required to pay extra compensation for the service animal, but the individual may be liable for damages to the premises or facilities that the service animal causes.

Credits

Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2007, c. 241, § 1, eff. Oct. 1, 2007; Acts 2008, c. 594, § 1, eff. Oct. 1, 2008; Acts 2008, c. 595, § 1, eff. Oct. 1, 2008; Acts 2012, c. 305, § 1, eff. Oct. 1, 2012.

 

§ 7-705. Service animals

In general

(a) The following individuals have all the same rights and privileges conferred by law on other individuals:

(1) a blind or visually impaired pedestrian using a service animal and not carrying a cane predominantly white or metallic in color, with or without a red tip;

(2) an individual with a disability and a parent of a minor child with a disability using a service animal not wearing an orange license tag or orange collar and on a leash;

(3) an individual with a disability and a parent of a minor child with a disability using a service animal in a place, accommodation, or conveyance listed in § 7-704(b) of this subtitle; and

(4) a service animal trainer who is accompanied by an animal that is being trained as a service animal.
Mobility impaired individual accompanied by a service animal

(b) This section does not require a physical modification of any place or vehicle in order to admit an individual with a disability or any other individual authorized under this subtitle to use a service animal who is accompanied by a service animal.
Rights of service animal trainer; exception

(c)(1) Except as provided in paragraph (2) of this subsection, a service animal trainer may be accompanied by an animal that is being trained as a service animal in any place where an individual with a disability or a parent of a minor child with a disability has the right to be accompanied by a service animal.

(2) An animal being trained as a service animal and accompanied by a service animal trainer may be excluded from a place described in paragraph (1) of this subsection if admitting the animal would create a clear danger of a disturbance or physical harm to an individual in the place.
Extra compensation prohibited; liability

(d)(1) An individual with a disability or a parent of a minor child with a disability who is accompanied by a service animal specially trained for that purpose in a place, accommodation, or conveyance listed in § 7-704(b) of this subtitle may not be required to pay extra compensation for the service animal, but the individual may be liable for any damages to the premises or facilities caused by the service animal.

(2) A service animal trainer who is accompanied by an animal that is being trained as a service animal may not be required to pay extra compensation for the animal, but the service animal trainer organization that certifies the service animal may be liable for any personal injuries or damages to the premises or facilities caused by the service animal.
Violations; penalties

(e)(1)(i) A person may not deny or interfere with the admittance of a service animal that accompanies an individual with a disability or a parent of a minor child with a disability in violation of this section.

(ii) A person who violates subparagraph (i) of this paragraph is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each offense.

(2)(i) A person may not deny or interfere with the admittance of an animal being trained as a service animal that accompanies a service animal trainer.

(ii) Subject to subsection (c)(2) of this section, a person who violates subparagraph (i) of this paragraph is subject to a fine not exceeding $25 for each offense.

Credits
Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2007, c. 241, § 1, eff. Oct. 1, 2007; Acts 2008, c. 594, § 1, eff. Oct. 1, 2008; Acts 2008, c. 595, § 1, eff. Oct. 1, 2008.

 

 

§ 7-706. Construction

Pedestrian's right-of-way

(a) This subtitle does not affect § 21-511 of the Transportation Article as to the right-of-way of a blind, deaf, or hard of hearing pedestrian crossing a highway.

Housing accommodations

(b) This subtitle does not require a person who rents or leases housing accommodations to modify the person's property or provide a higher degree of care for a blind or visually impaired individual than for an individual without those disabilities.

CREDIT(S)

Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007.

 

§ 7-707. Violations; injunction

Violations

(a)(1) A person may not deny or interfere with admittance to or enjoyment of a public place, accommodation, or conveyance described in § 7-704 of this subtitle or otherwise interfere with the rights of a blind, visually impaired, deaf, or hard of hearing individual under this subtitle.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each offense.

Injunction

(b) In addition to any other remedy provided under the Code for a violation of this subtitle, a person may maintain a civil action for injunctive relief against another person who denies or interferes with admittance to or enjoyment of a public place, accommodation, or conveyance described in § 7-704 of this subtitle or otherwise interferes with the rights of a blind, visually impaired, deaf, or hard of hearing individual under this subtitle.

CREDIT(S)

Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2007, c. 241, § 1, eff. Oct. 1, 2007.

 

§ 7-708. Professional training programs to include rights of individuals with service animals

Any organization or agency that requires a professional training program for the following individuals shall include a segment concerning the rights of individuals with disabilities who are accompanied by service animals:

(1) first responders;

(2) emergency shelter operators; and

(3) 9-1-1 operators.

CREDIT(S)

Added by Acts 2007, c. 241, § 1, eff. Oct. 1, 2007.

 

§ 7-709. White Cane Safety Day

The Governor shall take suitable public notice of each October 15 as White Cane Safety Day by issuing a proclamation that:

(1) comments on the significance of the white cane;

(2) calls on the public to observe the White Cane Law under §§ 7-704 through 7-707 of this subtitle and to take precautions necessary for the safety of blind and visually impaired individuals;

(3) reminds the public of the policies with respect to blind and visually impaired individuals and urges cooperation with the policies;

(4) emphasizes the need for awareness of the presence of blind and visually impaired individuals in the community and the need to keep roads, sidewalks, public accommodations, public buildings, public facilities, other public places, and other places to which the public is invited safe and functional for those individuals; and

(5) offers assistance to blind and visually impaired individuals on appropriate occasions.

CREDIT(S)

Added as Human Services § 7-708 by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Renumbered as Human Services § 7-709 by Acts 2007, c. 241, § 1, eff. Oct. 1, 2007.

 

Transportation. Title 21. Vehicle Laws--Rules of the Road. Subtitle 5. Pedestrians' Rights and Rules.

§ 21-511. Blind, deaf or mobility impaired pedestrians

Driver of vehicle required to yield right-of-way to blind, deaf, or mobility impaired pedestrians

(a) The driver of a vehicle shall yield the right-of-way to:

(1) A blind or partially blind pedestrian using a guide dog or carrying a cane predominantly white or metallic in color (with or without a red tip);

(2) A deaf or hearing impaired pedestrian accompanied by a guide dog; or

(3) A mobility impaired individual crossing a roadway while using any of the following mobility-assisted devices:

(i) A manual or motorized wheelchair;

(ii) A motorized scooter;

(iii) Crutches; or

(iv) A cane.

Persons not blind or partially blind prohibited from using or carrying white cane

(b) A person who is not blind or partially blind may not use or carry a white cane, a cane that is white tipped with red, or a chrome, nickel, aluminum, or other reflecting or shining metal cane, in the manner described in subsection (a)(1) of this section.

CREDIT(S)

Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1978, c. 929; Acts 1979, c. 565; Acts 1980, c. 340; Acts 1991, c. 116; Acts 1994, c. 179, § 1, eff. Oct. 1, 1994; Acts 1997, c. 329, § 2, eff. Oct. 1, 1997.

 

Sours: https://www.animallaw.info/statute/md-assistance-animal-assistance-animalguide-dog-laws

Animal support maryland.gov emotional

Maryland Service Dog Laws

Definitions

“Service animal” means a 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:

  1. guiding individuals with impaired vision;
  2. alerting individuals with impaired hearing to an intruder or sounds;
  3. providing minimal protection or rescue work;
  4. pulling a wheelchair;
  5. fetching dropped items; or
  6. detecting the onset of a seizure.

“Service animal trainer” means a person who trains or raises service animals for individuals with disabilities, whether the person is a professional or volunteer.

MD Code, Human Services, § 7-701

“Service Dog” as used in MD Code, Local Government, § 13-104, means a dog that is professionally trained to aid individuals who are:
(1) blind or visually impaired;
(2) deaf or hard of hearing; or
(3) mobility impaired.

Accommodation Law

Individuals with disabilities and, the parents of a minor child with a disability, and service animal trainers who are accompanied by an animal being trained or raised as a service animal are entitled to full and equal rights and privileges with respect to:

  • roads, sidewalks, public buildings, public facilities, and other public places
  • common carriers and other public conveyances or modes of transportation, places of public accommodations, and other places to which the general public is invited
  • housing accommodations

MD Code, Human Services, § 7-704

An individual with a disability or a parent of a minor child with a disability who has, obtains, or may wish to obtain a service animal is entitled to full and equal access to housing accommodations.

A mobility impaired individual may be accompanied by a service animal specially trained for that purpose in any place where a blind, visually impaired, deaf, or hard of hearing individual has the right to be accompanied by a service animal.

A person may not deny or interfere with the admittance of a service animal that accompanies a blind, visually impaired, deaf, hard of hearing, or mobility impaired individual in violation of this section.

A person who violates is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each offense.

A person may not deny or interfere with the admittance of an animal being trained as a service animal that accompanies a service animal trainer.

A person who violates is subject to a fine not exceeding $25 for each offense.

MD Code, Human Services, § 7-705

Driving Law

The driver of a vehicle shall yield the right-of-way to a deaf or hearing impaired pedestrian accompanied by a guide dog.

MD Code, Transportation, § 21-511

Licensing Law

If an application meets certian requirements and the local licensing agency is satisfied that the dog for which a license is sought is a service dog and is actually in use as a service dog: the dog owner is not required to pay a fee for issuance of the license; and the local licensing agency shall inscribe across the face of the license in red ink the words “service dog”

MD Code, Local Government, § 13-104

Sours: https://usaservicedogregistration.com/statelaws/maryland-service-dog-laws/
What Does the Fair Housing Act Say About Emotional Support Animals? - Episode 15

The tongue runs over it as gently as I can control it. Here is the clitoris. My tongue caresses him. He's so small.

Now discussing:

The ring rubs intensively in the puncture channel, further stimulating the head. The balls on the ring intensively massage the vagina, it shrinks and tightly, like a cuff, wraps around my penis. Inga screams. this lasts for about three minutes.



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