Definitions, Laws & Policies
MAINE
Definition
Under White Cane Law:
Service dog; definition. As used in this section, “service dog” means a dog that meets the definition of “service animal” in Title 5, section 4553, subsection 9-E. 17 M.R.S.A. § 1312
Under Human Rights Law:
9-E. Service animal.
“Service animal” means: For the purposes of subchapter 5, a 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of such work or tasks include, but are not limited to:
Assisting an individual who is totally or partially blind with navigation and other tasks,
Alerting an individual who is deaf or hard of hearing to the presence of people or sounds,
Providing nonviolent protection or rescue work,
Pulling a wheelchair,
Assisting an individual during a seizure,
Alerting an individual to the presence of allergens, retrieving items such as medicine or a telephone,
Providing physical support and assistance with balance and stability to an individual with a mobility disability and helping a person with a psychiatric or neurological disability by Preventing or interrupting impulsive or destructive behaviors.
The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition. 5 M.R.S.A. § 4553 Note that § 3961-A, (attack on service dog law) adopts this definition.
SDIT Covered?
Yes. Under White Cane Law: An especially trained service dog trainer, while engaged in the actual training process and activities of service dogs, has the same rights, privileges and responsibilities described in this section with respect to access to and use of public facilities as are applicable to a blind, visually handicapped or otherwise physically or mentally disabled person. 17 M.R.S.A. § 1312
Accommodation Law
Under White Cane Law:
Every totally or partially blind or otherwise physically or mentally disabled person has the right to be accompanied by a service dog, especially trained for the purpose, in any of the places listed in subsection 2 without being required to pay an extra charge for the service dog; however, the person is liable for any damage done to the premises or facilities by such a dog. 17 M.R.S.A. § 1312
Violation by denial or interference with rights is a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. 7 M.R.S.A. § 1314
Harassment of/Interference with Service Dogs
A person who owns or keeps a dog that attacks, injures or kills a service animal or assistance animal while the service animal or assistance animal is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged. When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service animal or assistance animal for any veterinary bills and necessary retraining costs or replacement costs of the service animal or assistance animal if it is disabled or killed. 7 M.R.S.A. §3961-A
Licensing Law
If a service dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk may not register the dog nor issue to its owner or keeper a license and tag that identifies the dog as a service dog unless the applicant presents written evidence to the municipal clerk that the dog meets the definition of “service dog.” For the purpose of this subsection “written evidence” means a service dog certification form approved by the department in consultation with the Maine Human Rights Commission. 7 M.R.S.A. §3922
A municipal clerk or a dog licensing agent shall issue a license upon application and without payment of a license fee required under this section for a service dog owned or kept by a person with a physical or mental disability. 7 M.R.S.A. §3923-A
Service Dog Fraud
A person who knowingly misrepresents as a service animal any animal that does not meet the definition of “service animal,” as defined in Title 5, section 4553, subsection 9-E, commits a civil violation. For a civil violation under this section a fine of not more than $1,000 for each occurrence may be adjudged. 17 MR.S.A. § 1314-A
MARYLAND
Definition
Under Title 7. Individuals with Disabilities:
"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: guiding individuals with impaired vision; alerting individuals with impaired hearing to an intruder or sounds; providing minimal protection or rescue work; pulling a wheelchair; fetching dropped items; or detecting the onset of a seizure. MD Code, Human Services, § 7-701
Under Regulation of Animals:
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
(3) mobility impaired
MD Code, Local Government, § 13-104
SDIT Covered?
Yes. “Service animal trainer” means a person who trains or raises service animals for individuals with disabilities, whether the person is a professional or volunteer. 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. MD Code, Human Services, § 7-704
Accommodation Law
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. MD Code, Human Services, § 7-705
Section § 7-704 lists those rights of individuals with disabilities as: public places public accommodations and conveyances; and housing accommodations. Penalty: 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. A person who violates this 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. Subject to other parts of the law, a person who violates this is subject to a fine not exceeding $25 for each offense. MD Code, Human Services, § 7-705
Licensing Law
If an application meets certain 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
MASSACHUSETTS
Definition
“Hearing dog”, a dog that has completed a program of professional training to aid deaf and hearing impaired individuals whenever such dog is professionally trained by a person engaged in the hearing dog business to aid the deaf and actually being used for such purpose, or a dog owned by a person engaged in the hearing dog business within the commonwealth during the period such dog is being trained or bred for such purpose. M.G.L.A. 129 § 1
SDIT Covered?
Yes. A person accompanied by and engaged in the raising or training of a service dog, including a hearing, guide or assistance dog, shall have the same rights, privileges and responsibilities as those afforded to an individual with a disability under the Americans with Disabilities Act, 42 U.S.C. sections 12101 et seq. M.G.L.A. 129 § 39F
Also, a person engaged in the hearing dog business, while actually engaged in the training process and activities of hearing dogs, shall have the same rights, privileges and responsibilities with respect to access to public facilities as those applicable to deaf persons. M.G.L.A. 129 § 39D
Accommodation Law
Any blind person, or deaf or hearing handicapped person, or other physically handicapped person accompanied by a dog guide, shall be entitled to any and all accommodations, advantages, facilities and privileges of all public conveyances, public amusements and places of public accommodation, within the commonwealth, to which persons not accompanied by dogs are entitled. Violation results in a fine of not more $300 and civil damages as described in the law. M.G.L.A. 272 § 98A
Harassment of/Interference with Service Dogs
A physically impaired person who uses an assistance animal or the owner of the assistance animal, may bring an action for economic and non-economic damages against a person who steals or attacks the assistance animal, or whose non-assistance animal attacks an assistance animal. If the theft or attack of an assistance animal results in the death of the animal; the animal is not returned; or if injuries sustained prevent the assistance animal from returning to service, the measure of economic damages shall include: veterinary medical expenses replacement cost of an equally trained assistance animal, without any differentiation for the age or the experience of the animal A cause of action shall not arise under this section if the physically impaired individual, owner or the individual having custody or supervision of the assistance animal was engaged in the commission of a crime at the time of injury sustained by the assistance animal. M.G.L.A. 272 § 85B
Licensing Law
No fee shall be charged for a license issued under this section for a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder. M.G.L.A. 140 § 139
MICHIGAN
Definition
“Service animal” means all of the following:
(i) That term as defined in 28 CFR 36.104.
(ii) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability.
M.C.L. 752.61
(Same definition for accommodation law, MCL 750.502c) (Same definition for Chapter 37, Civil Rights, Identification and Patches for Service Animal, M.C.L.A. 37.301)
Accommodation Law
A public accommodation shall modify its policies, practices, and procedures to permit the use of a service animal by a person with a disability. If the service animal is a miniature horse, a public accommodation may use listed assessment factors to determine whether the miniature horse can be accommodated in its facility. Michigan law incorporates the federal test for assessment of a service animal. Staff may only ask: Whether the service animal is required because of a disability. What work or task the service animal has been trained to perform? Staff may not require documentation or ask the above questions if it is "readily apparent that the service animal is trained to do work or perform tasks for an individual with a disability." A public accommodation that violates the relevant subsections of the law is guilty of a misdemeanor. M.C.L. 750.502c
Harassment of/Interference with Service Dogs
An individual shall not do either of the following: Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability. Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability. An individual who violates this is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. M.C.L. 750.50a
Licensing Law
Notwithstanding any law or ordinance to the contrary, a service animal is not subject to any fee for licensing if either of the following applies: The service animal is used by a person with a disability. The service animal is owned by a partnership, corporation, or other legal entity that trains service animals for use by a person with a disability. M.C.L. 287.291
Service Dog Fraud
A person shall not falsely represent that he or she is in possession of a service animal, or a service animal in training, in any public place. Violation is a misdemeanor punishable by 1 or more of the following: imprisonment for not more than 90 days a fine of not more than $500.00 community service for not more than 30 days M.C.L. 752.61 - 63
A new law allows people to report violations by telephone to the Dept. of Civil Rights who may then refer to local law enforcement. M.C.L. 752.64
MINNESOTA
Definition
Under Chapter 363A, Minnesota Human Rights Act:
“Service animal” means a service animal as defined by the federal Americans with Disabilities Act, as amended. M.S.A. § 363A.19
Under cruelty chapter that deals with harm to service animal:
"Service animal" means an animal trained to assist a person with a disability. M.S.A. § 343.20
Under 609.226, Harm caused by dog:
“Service animal” means an animal individually trained or being trained to do work or perform tasks for the benefit of an individual with a disability. M.S.A. § 609.226
Under 609.833, Misrepresentation of service animal:
“Service animal” has the meaning given in Code of Federal Regulations, title 28, section 36.104, as amended through March 1, 2018. M.S.A. § 609.833
SDIT Covered?
Yes. Every person training a dog to be a service dog shall have the right to be accompanied by a service dog in any of the places listed in section 363A.19. The person shall be liable for any damage done to the premises or facilities by such dog. Accommodation Law It is an unfair discriminatory practice for an owner, operator, or manager of a hotel, restaurant, public conveyance, or other public place to prohibit a blind or deaf person or a person with a physical or sensory disability from taking a service animal into the public place or conveyance to aid blind or deaf persons or persons with physical or sensory disabilities, and if the service animal is properly harnessed or leashed so that the blind or deaf person or a person with a physical or sensory disability may maintain control of the service animal. M.S.A. § 363A.19
Every person who is totally or partially blind, or person who is deaf, or person with a physical disability, or any person training a dog to be a service dog shall have the right to be accompanied by a service dog in any of the places listed in section 363A.19. The person shall be liable for any damage done to the premises or facilities by such dog. The service dog must be capable of being properly identified as from a recognized school for seeing eye, hearing ear, service, or guide dogs. M.S.A. § 256C.02
Harassment of/Interference with Service Dogs
Harm by person:
No person shall intentionally and without justification do either of the following to a service animal while it is providing service or while it is in the custody of the person it serves: cause bodily harm to the animal; or otherwise render the animal unable to perform its duties. Penalty: where the violation renders the service animal unable to perform its duties is guilty of a gross misdemeanor. where the violation results in substantial bodily harm to a service animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both. Mandatory restitution including the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. M.S.A. § 343.21
Harm by another dog:
A person who negligently or intentionally (1) permits the person's dog to run uncontrolled off the person's premises, or (2) fails to keep the person's dog properly confined or controlled; and as a result, the dog causes bodily harm to a service animal or otherwise renders a service animal unable to perform its duties, is guilty of a misdemeanor. The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. M.S.A. § 609.226
Service Dog Fraud
A person may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that person's possession as a service animal in any place of public accommodation to obtain any rights or privileges available to a person who qualifies for a service animal under state or federal law knowing that the person is not entitled to those rights or privileges. A person who violates subdivision 2 is guilty of a petty misdemeanor except for a person who violates subdivision 2 a second or subsequent time is guilty of a misdemeanor. M.S.A. § 609.833
MISSISSIPPI
Definition
“Support animal” means an animal 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. The work done or task performed must be directly related to the individual's disability and may include, but not be limited to:
(i) Guiding individuals who are visually impaired or blind;
(ii) Alerting individuals who are hearing impaired or deaf to an intruder or sounds;
(iii) Providing minimal protection or rescue work;
(iv) Pulling a wheelchair;
(v) Fetching dropped items;
(vi) Detecting the onset of a seizure, and alerting and protecting individuals having a seizure; (vii) Retrieving objects;
(viii) Alerting an individual to the presence of allergens;
(ix) Providing physical support and assistance with balance and stability to an individual with a mobility disability;
(x) Helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors;
(xi) Reminding an individual with mental illness to take prescribed medication;
(xii) Calming an individual with post-traumatic stress disorder during an anxiety attack; or
(xiii) Doing other specific work or performing other special tasks.
The term “support animal” includes service animals, guide animals, seeing-eye animals, hearing-ear animals, therapeutic animals, comfort animals and facility animals. However, the term “support animal” does not mean an animal considered a pet and is limited to a dog or miniature horse. Miss. Code Ann. § 43-6-153
SDIT Covered?
Yes. Support animal trainers shall have the same rights of accommodations, advantages, facilities and privileges with support animals-in-training as those provided to blind persons, mobility impaired persons, hearing impaired persons or veterans diagnosed with PTSD with support animals under this section. Miss. Code Ann. § 43-6-155
“Support animal trainer” means a person who trains or raises support animals for individuals with disabilities, whether the person is a professional trainer, or serving as a volunteer with a professional trainer. Miss. Code Ann. § 43-6-153
Accommodation Law
Under Chapter 6 - Rights and Liabilities of Blind and Other Handicapped Persons:
Every totally or partially blind person and every deaf person shall have the right to be accompanied by a guide dog or hearing ear dog on a blaze orange leash, especially trained for the purpose. Miss. Code Ann. § 43-6-7
Violation of act results in fine not exceeding $100.00 or by imprisonment in the county jail not exceeding 60 days, or by both such fine and imprisonment. Miss. Code Ann. § 43-6-11
Under Mississippi Support Animal Act:
Any blind person, mobility impaired person, armed services veteran diagnosed with PTSD or hearing impaired person who uses a support animal specifically trained as a guide, leader, listener or for any other necessary assistance in day-to-day activities shall be entitled to the full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels, lodging places, businesses open to the public for the sale of any goods or services and all places of public accommodation, amusement, or resort and other places to which the general public is invited, and may take the support animal into conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied. Miss. Code Ann. § 43-6-155
Harassment of/Interference with Service Dogs
An individual shall not do either of the following to a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, a service dog for a physically limited individual, or a support dog for a mobility impaired person: Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass or injure Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed Violation is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both. Miss. Code Ann. § 97-41-21
MISSOURI
Definition
"Service dog", a dog that is being or has been 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. Service dog includes but is not limited to:
(a) “Guide dog”, a dog that is being or has been specially trained to assist a particular blind or visually impaired person;
(b) “Hearing dog”, a dog that is being or has been specially trained to assist a particular deaf or hearing-impaired person;
(c) “Medical alert or response dog”, a dog that is being or has been trained to alert a person with a disability that a particular medical event is about to occur or to respond to a medical event that has occurred;
(d) “Mental health service dog” or “psychiatric service dog”, a dog individually trained for its owner who is diagnosed with a psychiatric disability, medical condition, or developmental disability recognized in the most recently published Diagnostic and Statistical Manual of Mental Disorders (DSM) to perform tasks that mitigate or assist with difficulties directly related to the owner's psychiatric disability, medical condition, or developmental disability;
(e) “Mobility dog”, a dog that is being or has been specially trained to assist a person with a disability caused by physical impairments;
(f) “Professional therapy dog”, a dog which is selected, trained, and tested to provide specific physical therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team as a part of the handler's occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community-based group settings, or when providing services to specific persons who have disabilities. Professional therapy dogs do not include dogs, certified or not, which are used by volunteers in visitation therapy;
(g) “Search and rescue dog”, a dog that is being or has been trained to search for or prevent a person with a mental disability, including but not limited to verbal and nonverbal autism, from becoming lost. V.A.M.S. 209.200
SDIT Covered?
Yes. Not to exceed the provisions of the Americans With Disabilities Act, any trainer, from a recognized training center, of a guide dog, hearing assistance dog or service dog, or any member of a service dog team, as defined in section 209.200, shall have the right to be accompanied by such dog in or upon any of the premises listed in section 209.150 while engaged in the training of the dog without being required to pay an extra charge for such dog. Such trainer or service dog team member shall be liable for any damage done to the premise of facilities by such dog. V.A.M.S. 209.152
Accommodation Law
Every person with a disability, as defined in section 213.010, shall have the right to be accompanied by a service dog or dogs, as defined in section 209.200, which is especially trained for the purpose, in any of the places listed in subsection 2 of this section without being required to pay an extra charge for the service dog or dogs, as defined in section 209.200; provided that such person shall be liable for any damage done to the premises or facilities by such dog. V.A.M.S. 209.150
Violation is a class B misdemeanor. V.A.M.S. 209.160
Harassment of/Interference with Service Dogs
Any person who knowingly, intentionally, or recklessly causes substantial physical injury to or the death of a service dog is guilty of a class A misdemeanor. Any person who knowingly or intentionally fails to exercise sufficient control over an animal such person owns, keeps, harbors, or exercises control over to prevent the animal from causing the substantial physical injury to or death of a service dog, or the subsequent inability to function as a service dog as a result of the animal's attacking, chasing, or harassing the service dog is guilty of a class A misdemeanor. Any person who harasses or chases a dog known to such person to be a service dog is guilty of a class B misdemeanor. Any person who owns, keeps, harbors, or exercises control over an animal and who knowingly or intentionally fails to exercise sufficient control over the animal to prevent such animal from chasing or harassing a service dog while such dog is carrying out the dog's function as a service dog, to the extent that the animal temporarily interferes with the service dog's ability to carry out the dog's function is guilty of a class B misdemeanor. Can also recover civil damages. V.A.M.S. 209.202
Service Dog Fraud
Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation. Any second or subsequent violation of this section is a class B misdemeanor. For purposes of this section, “impersonates a person with a disability” means a representation by word or action as a person with a disability. No person shall knowingly misrepresent a dog as a service dog for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq. For purposes of this section, “misrepresent a dog as a service dog” means a representation by word or action that a dog has been trained as a service dog, as defined in section 209.200.
Misrepresentation of a service dog, includes, but is not limited to:
(1) Knowingly creating documents that falsely represent that a dog is a service dog;
(2) Knowingly providing to another person documents falsely stating that a dog is a service dog; (3) Knowingly fitting a dog, if the dog is not a service dog, with a harness, collar, vest, or sign of the type commonly used by a person with a disability to indicate a dog is a service dog; or
(4) Knowingly representing that a dog is a service dog if the dog has not completed training to perform disability-related tasks or do disability-related work for a person with a disability. A person who violates this subsection is guilty of a class C misdemeanor and shall also be civilly liable for any actual damages resulting from such misrepresentation. Any second or subsequent violation of this subsection is a class B misdemeanor. V.A.M.S. 209.204
MONTANA
Definition
"Service animal" means a dog or miniature horse individually trained to provide assistance to an individual with a disability. The term does not include an emotional support animal. M.C.A. 49-4-203
SDIT Covered?
Yes. A person with a disability has the right to be accompanied by a service animal or a service animal in training with identification complying with subsection (4) in any of the places mentioned in 49-4-211(2) without being charged extra for the service animal. The person with a disability is liable for any damage done to the property by the animal. (4) For the purposes of this section, a service animal in training shall wear a leash, collar, cape, harness, or backpack that identifies in writing that the animal is a service animal in training. The written identification for service animals in training must be visible and legible from a distance of at least 20 feet. M.C.A. 49-4-214
Accommodation Law
A person with a disability has the right to be accompanied by a service animal or a service animal in training with identification complying with subsection (4) in any of the places mentioned in 49-4-211(2) without being charged extra for the service animal. MCA 49-4-214 Violation of these rights is a misdemeanor. M.C.A. 49-4-215
Service Dog Fraud
A person who misrepresents a service animal may be found guilty of a misdemeanor if:
(a) the person was previously given a written warning regarding the fact that it is illegal to intentionally misrepresent a service animal; and
(b) the person continued to misrepresent the animal as a service animal in order to gain any of the rights or privileges afforded to a service animal.
Violation of the law:
(a) for a first offense, a fine of $50;
(b) for a second offense, a fine of not less than $75 or more than $200; and
(c) for a third or subsequent offense, a fine of not less than $100 or more than $1,000.
In addition to the monetary penalty, a person convicted may be required to perform community service for an organization that advocates on the behalf of persons with disabilities. M.C.A. 49-4-222