56-704A. RIGHTS OF INDIVIDUALS WITH SERVICE DOGS. (1) General. A place of public accommodation shall modify its policies, practices, or procedures to permit the use of a service dog by an individual with a disability or an authorized handler.

(2) Exceptions. A place of public accommodation may ask an individual with a disability to remove a service dog from the premises if:

(a) The service dog is out of control and the service dog’s handler does not take effective action to control it; or

(b) The service dog is not housebroken.

(3) If a service dog is excluded from a place of public accommodation pursuant to subsection (2) of this section, then the place of public accommodation shall give the individual with a disability the opportunity to participate in the service, program, or activity being offered without having the service dog on the premises.

(4) A service dog shall be under the control of its handler. A service dog shall have a harness, leash, or other tether, unless the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service dog’s safe, effective performance of work or a task, in which case the service dog must otherwise be under the handler’s control through voice control or other effective means.

(5) Inquiries. A place of public accommodation shall not ask about the nature or extent of a person’s disability but may make two (2) inquiries to determine whether an animal qualifies as a service dog. A place of public accommodation may ask: if the service dog is required because of a disability; and what work or task the service dog has been trained to perform. A place of public accommodation shall not require documentation, such as proof that the service dog has been certified, trained, or licensed as a service dog. A place of public accommodation may not make inquiries about a service dog when it is readily apparent that the service dog is trained to do work or perform tasks for an individual with a disability, such as: the dog is observed guiding an individual who is blind or has low vision, pulling an individual’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability.

(6) Access. Individuals with disabilities shall be permitted to be accompanied by their service dog in all areas of a place of public accommodation including, but not limited to, a common carrier, hotel, lodging house, or place where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.

(7) Surcharges. A place of public accommodation, including, but not limited to, a common carrier, hotel, lodging house, or other public place, shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees or to comply with other requirements generally not applicable to people without pets. If a place of public accommodation normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by the individual’s service dog.

History:

[56-704A, added 2019, ch. 213, sec. 14, p. 649.]