[NAGDU] Nevada Service Animal Laws

Thu Jul 4 01:40:48 UTC 2019

Please circulate the following message as widely as appropriate.

                As we travel to the National Federation of the Blind
convention in Las Vegas, Nevada, it is important to know the laws of the
state as they pertain to access with our guide dogs. Nevada’s law is a civil
infraction, unlike 37 other states which provide criminal remedies. I have
also attached the implementing regulations of the Americans with
Disabilities Act. Remember, if you have any issues, please call the NAGDU
Information and Advocacy Hotline at 888-nagdu411 (888-624-3841) or tap the
“Call the NAGDU HOTLINE” BUTTON ON OUR MOBILE APP. We will see you in Las
Vegas!

Title 54. Professions, Occupations and Businesses. Chapter 651. Public
Accommodations. Equal Enjoyment of Places of Public Accommodation. 

651.075. Rights, duties and liabilities of persons training or accompanied
by service animal, service animal in training or police dog; unlawful acts;

rights of place of accommodation; unmuzzled service animal may not be
presumed dangerous; exception for miniature horse under certain
circumstances; person

subject to same conditions and limitations as others; remedies 

1. Except as otherwise provided in subsection 5 and NRS 644.472, it is
unlawful for a place of public accommodation to:

(a) Refuse admittance or service to a person with a disability because the
person is accompanied by a service animal.

(b) Refuse admittance or service to a person who is training a service
animal because the person is accompanied by a service animal in training.

(c) Refuse to permit an employee of the place of public accommodation who is
training a service animal to bring the service animal in training into:

(1) The place of public accommodation; or

(2) Any area within the place of public accommodation to which employees of
the place of public accommodation have access, regardless of whether the
area

is open to the public.

(d) Refuse admittance or service to a person because the person is
accompanied by a police dog.

(e) Charge an additional fee or deposit for a service animal, service animal
in training or a police dog as a condition of access to the place of public

accommodation.

(f) Require proof that an animal is a service animal or service animal in
training.

2. A place of public accommodation may:

(a) Ask a person accompanied by an animal:

(1) If the animal is a service animal or service animal in training; and

(2) What tasks the animal is trained to perform or is being trained to
perform.

(b) Ask a person to remove a service animal or service animal in training if
the animal:

(1) Is out of control and the person accompanying the animal fails to take
effective action to control it; or

(2) Poses a direct threat to the health or safety of others.

3. A service animal may not be presumed dangerous by reason of the fact it
is not muzzled.

4. This section does not relieve:

(a) A person with a disability who is accompanied by a service animal or a
person who is accompanied by a service animal in training from liability for

damage caused by the service animal or service animal in training.

(b) A person who is accompanied by a police dog from liability for damage
caused by the police dog.

5. A place of public accommodation is not required to comply with the
provisions of subsection 1 with regard to a service animal or service animal
in training

that is a miniature horse if the place of public accommodation determines
that it is not reasonable to comply, using the assessment factors set forth
in

28 C.F.R. § 36.302.

6. Persons with disabilities who are accompanied by service animals are
subject to the same conditions and limitations that apply to persons who are
not

so disabled and accompanied.

7. Persons who are accompanied by police dogs are subject to the same
conditions and limitations that apply to persons who are not so accompanied.

8. A person who violates paragraph (e) of subsection 1 is civilly liable to
the person against whom the violation was committed for:

(a) Actual damages;

(b) Such punitive damages as may be determined by a jury, or by a court
sitting without a jury, which must not be more than three times the amount
of actual

damages, except that in no case may the punitive damages be less than $750;
and

(c) Reasonable attorney's fees as determined by the court.

9. The remedies provided in this section are nonexclusive and are in
addition to any other remedy provided by law, including, without limitation,
any action

for injunctive or other equitable relief available to the aggrieved person
or brought in the name of the people of this State or the United States.

10. As used in this section:

(a) “Police dog” means a dog which is owned by a state or local governmental
agency and which is used by a peace officer in performing his or her duties

as a peace officer.

(b) “Service animal” has the meaning ascribed to it in NRS 426.097.

(c) “Service animal in training” has the meaning ascribed to it in NRS
426.099.

Credits

Added by Laws 1969, p. 587. Amended by Laws 1971, p. 1058; Laws 1973, p.
1499; Laws 1981, p. 1921; Laws 1987, p. 824; Laws 1991, p. 1028; Laws 1995,
p.

1996; Laws 1997, p. 74; Laws 1999, p. 2519; Laws 2003, c. 429, § 23, eff.
July 1, 2003; Laws 2003, c. 473, § 13; Laws 2005, c. 196, § 18; Laws 2015,
c.

63, § 4, eff. Oct. 1, 2015; Laws 2015, c. 151, § 64, eff. Oct. 1, 2015.

Marion Gwizdala, President

National Association of Guide Dog Users Inc. (NAGDU)

National Federation of the Blind

(813) 626-2789

President at NAGDU.ORG

Visit our website <http://nagdu.org/> 

Follow us on Twitter <http://twitter.com/nagdu> 

The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise
expectations because low expectations create barriers between blind  people
and our dreams. You can live the life you want! Blindness is not what holds
you back.

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