Consolidated Assistance Animal/Guide Dog Laws
[for other states see http://www.animallaw.info]
Citation: West’s Ann. Cal. Penal Code § 600.2, 600.5, West’s Ann. Cal. Civ. Code § 54 – 55.9; West’s Ann.Cal.Educ.Code § 39839; West’s Ann. Cal. Food & Agric. Code § 30850 – 30854; West’s Ann. Cal. Health & Safety Code § 121680; West’s Ann. Cal. Vehicle Code § 21963 ; West’s Ann. Cal. Penal Code § 365.5 – 365.7
Citation: CA PENAL § 600.2, 600.5; CA CIVIL § 54 – 55.9; CA EDUC § 39839; CA FOOD & AG § 30850- 30854; CA HLTH & S § 121680; CA VEHICLE § 21963; CA PENAL § 365.5 – 365.7
Civil Code. Division 1. Persons. Part 2.5. Blind and Other Physically Disabled Persons.
§ 54.1. Access to public conveyances, places of public accommodation, amusement or resort, and housing accommodations
(a)(1) Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to accommodations, advantages, facilities, medical facilities, including hospitals, clinics, and physicians’ offices, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motorbuses, streetcars, boats, or any other public conveyances or modes of transportation (whether private, public, franchised, licensed, contracted, or otherwise provided), 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, subject only to the conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons.
(2) As used in this section, “telephone facilities” means tariff items and other equipment and services that have been approved by the Public Utilities Commission to be used by individuals with disabilities in a manner feasible and compatible with the existing telephone network provided by the telephone companies.
(3) “Full and equal access,” for purposes of this section in its application to transportation, means access that meets the standards of Titles II and III of the Americans with Disabilities Act of 1990 (Public Law 101-336) [FN1] and federal regulations adopted pursuant thereto, except that, if the laws of this state prescribe higher standards, it shall mean access that meets those higher standards.
(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 the conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons.
(2) “Housing accommodations” means any real property, or portion thereof, that is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings, but shall not include any accommodations included within subdivision (a) or any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
(3)(A) Any person renting, leasing, or otherwise providing real property for compensation shall not refuse to permit an individual with a disability, at that person’s expense, to make reasonable modifications of the existing rented premises if the modifications are necessary to afford the person full enjoyment of the premises. However, any modifications under this paragraph may be conditioned on the disabled tenant entering into an agreement to restore the interior of the premises to the condition existing prior to the modifications. No additional security may be required on account of an election to make modifications to the rented premises under this paragraph, but the lessor and tenant may negotiate, as part of the agreement to restore the premises, a provision requiring the disabled tenant to pay an amount into an escrow account, not to exceed a reasonable estimate of the cost of restoring the premises.
(B) Any person renting, leasing, or otherwise providing real property for compensation shall not refuse to make reasonable accommodations in rules, policies, practices, or services, when those accommodations may be necessary to afford individuals with a disability equal opportunity to use and enjoy the premises.
(4) Nothing in this subdivision shall require any person renting, leasing, or providing for compensation real property to modify his or her property in any way or provide a higher degree of care for an individual with a disability than for an individual who is not disabled.
(5) Except as provided in paragraph (6), nothing in this part shall require any person renting, leasing, or providing for compensation real property, if that person refuses to accept tenants who have dogs, to accept as a tenant an individual with a disability who has a dog.
(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 the individual uses the services of a signal dog, or to an individual with any other disability on the basis that the individual uses the services of a service dog, or to refuse to permit such an individual who is blind or visually impaired to keep a guide dog, an individual who is deaf or hearing impaired to keep 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 that 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 the same exists.
(C)(i) As used in this subdivision, “guide dog” means any guide 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 as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336).
(ii) As used in this subdivision, “signal dog” means any dog trained to alert an individual who is deaf or hearing impaired to intruders or sounds.
(iii) As used in this subdivision, “service dog” means any dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.
(7) 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, an individual who is deaf or hearing impaired, or other individual with a disability on the basis that the individual with a disability is partially or wholly dependent upon the income of his or her spouse, if the spouse is a party to the lease or rental agreement. Nothing in this subdivision, however, shall prohibit a lessor or landlord from considering the aggregate financial status of an individual with a disability and his or her spouse.
(c) Visually impaired or blind persons and persons licensed to train guide dogs for individuals who are visually impaired or blind pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or guide dogs as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336), and persons who are deaf or hearing impaired and persons authorized to train signal dogs for individuals who are deaf or hearing impaired, and other individuals with a disability and persons authorized to train service dogs for 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 subdivisions (a) and (b). These persons shall ensure that 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 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.
(d) A violation of the right of an individual under the Americans with Disabilities Act of 1990 (Public Law 101-336) also constitutes a violation of this section, and nothing in this section shall be construed to limit the access of any person in violation of that act.
(e) Nothing in this section shall preclude the requirement of the showing of a license plate or disabled placard when required by enforcement units enforcing disabled persons parking violations pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
(Added by Stats.1968, c. 461, p. 1092, § 1. Amended by Stats.1969, c. 832, p. 1664, § 1; Stats.1972, c. 819, p. 1465, § 1; Stats.1974, c. 108, p. 223, § 1; Stats.1976, c. 971, p. 2269, § 1; Stats.1976, c. 972, p. 2272, § 1.5; Stats.1977, c. 700, p. 2256, § 1; Stats.1978, c. 380, p. 1128, § 12; Stats.1979, c. 293, p. 1092, § 1; Stats.1980, c. 773, § 1; Stats.1988, c. 1595, § 2; Stats.1992, c. 913 (A.B.1077), § 5; Stats.1993, c. 1149 (A.B.1419), § 4; Stats.1993, c. 1214 (A.B.551), § 1.5; Stats.1994, c. 1257 (S.B.1240), § 2; Stats.1996, c. 498 (S.B.1687), § 1.5.)
[FN1] 42 U.S.C.A. § 12101 et seq.
<Part 2.5 was added by Stats.1968, c. 461, p. 1092, § 1.>
Food and Agricultural Code (Formerly Agricultural Code). Division 14. Regulation and Licensing of Dogs. Chapter 3.5. Guide Dogs, Signal Dogs, and Service Dogs.
Health and Safety Code. Division 105. Communicable Disease Prevention and Control. Part 6. Veterinary Public Health and Safety. Chapter 1. Rabies Control.
Vehicle Code. Division 11. Rules of the Road. Chapter 5. Pedestrians’ Rights and Duties.
Penal Code. Part 1. Of Crimes and Punishments. Title 14. Malicious Mischief
Examples of Supreme Court ADA Related Cases (not necessarily involving animals)
Chevron U.S.A. Inc. v. Echazabal, 536 U.S. 73 (2002).
The Supreme Court upheld an Equal Employment Opportunity Commission regulation (interpreting the ADA) that allows an employer to discriminate against a worker because his disability on the job would pose a direct threat to the worker’s own health. The controversy was that the actual text of the ADA only mentions that an individual should not pose a direct threat to the health or safety of others in the workplace.
Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440 (2003).
There was some confusion on whether the individual physician-owners of a doctor’s group qualified as an employee for the purposes of the ADA. The requirements of Title I apply when an employer has 15 or more employees. The Supreme Court listed a number of factors to consider before deciding whether someone was to be considered an employee or an employer.
Raytheon Co. v. Hernandez, 540 U.S. 44 (2003).
An employee who was fired for drug use reapplied for employment once he was rehabilitated but his employer refused citing its policy of not rehiring anyone that was fired for violating work rules. The policy was declared to be a legitimate non-discriminatory reason under a disparate treatment claim. However, the policy’s disparate impact on persons with disabilities wasn’t reviewed by the Court since the plaintiff didn’t properly plead it.
Hosanna Tabor Lutheran Church and School v. E.E.O.C., __ U.S. __ (January 13, 2012).
Religious employer had a First Amendment right to fire its employee for threatening to pursue her legal options under the ADA. The Supreme Court agreed that there is a ministerial exception to employment discrimination laws which allows religious organizations to choose their ministers