Many blind, deaf, or physically
disabled Americans rely on dogs for assistance. These dogs provide
the perfect combination of companionship, obedience, usefulness
and affection. They provide practical aide and help maintain
an individual's independence.
Americans with Disabilities
Act (ADA) 1990
Title
lll 4.2300 regarding Service Animals
A public accommodation must modify its policies to permit the
use of a service animal by an individual with a disability, unless
doing so would result in a fundamental alteration or jeopardize
the safe operation of the public accommodation.
Service animals include any animal individually trained to do
work or perform tasks for the benefit of the individual with
a disability. Tasks typically performed by service animals include
guiding people with impaired vision, alerting individuals with
impaired hearing to the presence of intruders or sounds, providing
minimal protection or rescue work, pulling a wheelchair, or retrieving
dropped items.
The care or supervision of a service animal is the responsibility
of his or her owner, not the public accommodation. A public accommodation
may not require an individual with a disability to post a deposit
as a condition permitting a service animal to accompany its owner
in a place of public accommodation, even if such deposits are
required for pets.
ILLUSTRATION: An individual who is blind wishes to be
accompanied in a restaurant by her guide dog. The restaurant
must permit the guide dog to accompany its owner in all areas
of the restaurant open to other patrons and may not insist that
the dog be separated from her.
MISSOURI STATUTES
TITLE XII. PUBLIC HEALTH AND WELFARE
CHAPTER 209. AID TO THE BLIND RIGHTS OF PERSONS WITH VISUAL,
HEARING OR PHYSICAL DISABILITIES
Current from End of 1997 2nd Ex. Sess.
209.150. Rights of person with visual, hearing or physical disabilities
guide, hearing or service dogs, no extra charge for liability
for actual damage
1. Every person with a visual, aural or physical disability shall
have the same rights afforded to a person with no such disability
to the full and free use of the streets, highways, sidewalks,
walkways, public buildings, public facilities, and other public
places.
2. Every person with a visual, aural or physical disability is
entitled to full and equal accommodations, advantages, facilities,
and privileges of all common carriers, airplanes, motor vehicles,
railroad trains, motor buses, taxis, streetcars, boats or any
other public conveyances or modes of transportation, 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 and applicable alike to all persons.
3. Every person with a visual, aural or physical disability shall
have the right to be accompanied by a guide dog, hearing dog,
or service dog, 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 guide dog, hearing
dog or service dog; provided that such person shall be liable
for any damage done to the premises or facilities by such dog.
4. As used in sections 209.150 to 209.190, the term "service
dog" means any dog specifically trained to assist a person
with a physical disability by performing necessary physical tasks
which the person cannot perform. Such tasks shall include, but
not be limited to, pulling a wheelchair, retrieving items, and
carrying supplies.
(L.1941, p. 344, S 1. Amended by L.1965, p. 95, S 2; L.1977,
S.B. No. 12, p. 402, S A; L.1980, H.B. No. 1133, p. 328, S 1;
L.1988, H.B. No. 1196, S A.)
Section A. Chapter 209, RSMo, is amended by adding thereto one
new section, to be known as section 209.152, to read as follows:
209.152. Any trainer, from a recognized training center, of a
guide dog, hearing assistance dog or service dog shall have the
right to be accompanied by such a 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 shall be liable for any damage done to the premise
of facilities by such dog.
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