DEFINITIONS
Under Humane Care for Animals Act:
“Service animal” an animal trained in obedience and task skills to meet the needs of a person with a disability.
Under Assistance Animal Damages Act:
“Guide dog” means a dog that is trained to lead or guide a blind person.
“Hearing ear dog” means a dog that is trained to assist a deaf person.
“Assistance animal” means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:
- guide dogs;
- hearing ear dogs;
- an animal trained to pull a wheelchair;
- an animal trained to fetch dropped items; and
- an animal trained to perform balance work.
ACCOMMODATION LAW
Public accommodation law:
Every totally or partially blind or hearing impaired person, person who is subject to epilepsy or other seizure disorders, or person who has any other physical disability or a trainer of support dogs, guide dogs, seizure-alert dogs, seizure-response dogs, or hearing dogs shall have the right to be accompanied by a support dog or guide dog especially trained for the purpose, or a dog that is being trained to be a support dog, guide dog, seizure-alert dog, seizure-response dog, or hearing dog, in any of the places listed in this Section without being required to pay an extra charge for the guide, support, seizure-alert, seizure-response, or hearing dog; provided that he shall be liable for any damage done to the premises or facilities by such dog.
Violation is a Class A misdemeanor.
Service animals in classrooms:
Service animals such as guide dogs, signal dogs or any other animal individually trained to perform tasks for the benefit of a student with a disability shall be permitted to accompany that student at all school functions, whether in or outside the classroom.
Service animals in public swimming pools:
It is the duty of a licensee under this Act to allow the use of service animals if the service animal has been trained to perform a specific task or work in the water and the use of such animal does not pose a direct threat to the health and safety of the patrons of the facility or the function or sanitary conditions of the facility.
Housing access with service animals:
It is a civil rights violation for the owner or agent of any housing accommodation to:
- refuse to sell or rent after the making of a bonafide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind or hearing impaired person or person with a physical disability because he has a guide, hearing or support dog
- discriminate against any blind or hearing impaired person or person with a physical disability in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because he has a guide, hearing or support dog
Harassment of/Interference with Service Dogs
70/4.04. Injuring or killing service animals:
Unlawful for any person towillfully or maliciouslytorture, mutilate, injure, disable, poison, or kill any service animal.
Class 4 felony if the animal is not killed or totally disabled.
Class 3 felony if the animal is killed or totally disabled.
7.15. Guide, hearing, and support dogs:
A person may not willfully and maliciously annoy, taunt, tease, harass, torment, beat, or strike a guide, hearing, or support dog or otherwise engage in any conduct directed toward a guide, hearing, or support dog that is likely to impede or interfere with the dog’s performance of its duties.
(b) A person may notwillfully and maliciously torture, injure, or kill a guide, hearing, or support dog.
(c) A person may notwillfully and maliciously permit a dog that is owned, harbored, or controlled by the person to cause injury to or the death of a guide, hearing, or support dog while the guide, hearing, or support dog is in discharge of its duties.
Violation is a Class A misdemeanor.
A second or subsequent violation is a Class 4 felony.
A person convicted of violating subsection (b) or (c) of this Section is guilty of a Class 4 felony if the dog is killed or totally disabled, and may be ordered by the court to make restitution to the disabled person.
A second or subsequent violation is a Class 4 felony.
A person convicted of violating subsection (b) or (c) of this Section is guilty of a Class 4 felony if the dog is killed or totally disabled, and may be ordered by the court to make restitution to the disabled person.
Under Assistance Animal Damages Act:
May bring an action for economic and noneconomic damages
If action causes death or if injuries sustained prevent the animal from returning to service, the measure of economic damages include:
- veterinary medical expenses
- replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal
- costs of temporary replacement assistance services, whether provided by another assistance animal or a person
If animal returns to service, damages include:
- veterinary medical expenses
- costs of temporary replacement assistance services, whether provided by another assistance animal or a person
- any other costs and expenses incurred by the physically impaired person or owner as a result of the theft of or injury to the animal
Driving Law
An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian with a disability who is accompanied by a visibly identifiable service animal.
Must take all precautions that may be necessary to avoid an accident or injury to the pedestrian with a disability.
Any vehicle operator who fails to take such precautions shall be liable for damages for any injury caused to the pedestrian with a disability.