[NFB-Idaho] notes for tomorrow's seminar from Eric Petterson

Tue Oct 11 01:53:07 UTC 2022

What and where is Idaho’s “White Cane Law”?

Quick Summary

General education of Idaho drivers of the basics of White Cane Law (this is
not current with changes made in 2019)

IDAHO DRIVER’S HANDBOOK July 2022 

PEDESTRIANS & RIGHT-OF-WAY 

Motor vehicles must yield to a pedestrian when:

•           The pedestrian is in a marked or unmarked crosswalk at an
intersection.

•           The vehicle is entering a street from an alley or driveway.

•           The pedestrian is a blind person walking with a white cane or
guide dog.

What is a White Cane?

I.C. 56-701A. DEFINITIONS. As used in this chapter and chapter 58, title 18
[criminal code], Idaho Code:

(1)  "Assistance device" means a cane or walking stick, predominantly white
or metallic in color, with or without red tip, or a manual or motorized
wheelchair or similar scooter, or other similar devices that enhance the
safety or mobility of a disabled person.

If White Cane Law doesn’t apply, in an accident you are held to the same
right of way standards as general public AND subject to the same tort law of
contributory negligence.

I.C. 56-702.  RIGHT TO FULL AND FREE USE OF STREETS, HIGHWAYS, PUBLIC
BUILDINGS AND PUBLIC FACILITIES.  Individuals with disabilities have the
same rights and privileges as the general public to the full and free use of
the streets, highways, sidewalks, walkways, public buildings, public
facilities, and other places of public accommodations.

The following criminal statute is the core of the White Cane Law

I.C. 18-5811.  ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO INDIVIDUALS
WITH DISABILITIES — PROHIBITED INTENTIONAL ACTIONS — PENALTIES. (1) Any
person, whether a pedestrian, operating a vehicle or otherwise, who
approaches an individual appearing to be an individual with a disability or
lawfully using an assistance device or a service dog, and who:

(a)  Intentionally fails to stop, change course, speak, or take such other
action as is necessary to avoid any accident or injury to the individual
with a disability, the assistance device, or the service dog is guilty of a
misdemeanor, punishable by imprisonment in the county jail not exceeding six
(6) months, or by a fine of not less than fifty dollars ($50.00) nor more
than one thousand dollars ($1,000), or by both.

The following civil statute is the teeth of the White Cane Law – If it
applies, contributory negligence cannot be applied, and you and specific
damages allowed in a civil case.

I.C. 56-705. CIVIL LIABILITY FOR INTENTIONAL VIOLATION OF STATUTES
PROTECTING DISABLED PERSONS. Civil action may be brought against any person
intentionally violating the provisions of section 18-5811, 18-5811A, 18-5812
or 18-5812A, Idaho Code, with judgment awarded upon proof of the elements to
a preponderance of the evidence. As a part of any such civil judgment, a
successful plaintiff shall be awarded punitive damages in an amount equal to
all other damages suffered by the plaintiff, but in no event less than five
hundred dollars ($500). The failure of a disabled person to use an
assistance device or a service dog shall not be held to constitute nor be
evidence of contributory negligence in any civil action.

Two questions from the President

1)    In Idaho if a blind person with other disabilities is walking without
a cane and is struck by a car, does that person have the right to sue under
the white cane law?

a.    I cannot give legal advice as I have an inactive law license. This is
just my thoughts (need to contact licensed attorney for a legal opinion).

b.    Answer, can always sue claiming Idaho white cane law for limiting
contributory negligence and damages. However, must prove that the person
being sued had intentional knowledge of your disability.  If a white cane
was in hand and seen by the person being sued, likely could prevail.  If
that person claims no knowledge, then would likely have to show that a
reasonable person in the same circumstances would have known you are
disabled (but this would likely be a case of first impression in Idaho so
could need an Idaho Supreme Court case to resolve). Failure to prove
intentional knowledge would likely mean contributory negligence limiting
damages of the disabled person would apply.

c.    Can you explain how this law was changed in 2019 and how were other
disability groups included. The big changes were having the law apply not to
just blind individuals who use a cane or disabled individuals who use a dog
but to any disabled person using an assistive device or has behavior that
would give actual knowledge that the person is disabled to the person who
causes damage.

                                          i.    18-5811. ACTION REQUIRED TO
AVOID ACCIDENT OR INJURY TO INDIVIDUALS WITH DISABILITIES -- PROHIBITED
INTENTIONAL ACTIONS --PENALTIES. (1) Any person, whether a pedestrian,
operating a vehicle or otherwise, who approaches an individual appearing to
be an individual with a disability or lawfully using an assistance device or
assistance a service dog, and who: (a) Intentionally fails to stop, change
course, speak, or take such other action as is necessary to avoid any
accident or injury to the individual with a disability, the assistance
device, or the service dog, is guilty of a misdemeanor .  .  .

d.    Did the 2019 changes in the white cane law weakened the law for the
blind? No. However, it is somewhat confusing and likely very limited in
application for other disabled individuals as two white cane laws in Idaho
were only partially or not updated when all the other applicable white cane
laws were updated in 2019. There is an obvious conflict which arises from
language differences in 49-706 and 18-5810 which likely means only the blind
can carry a white cane and only a blind person using a white cane or a
disabled person using a dog get the white cane law protection. It is
something which needs correcting and could likely occur this session if
someone takes lead on getting the changes accomplished.

                                          i.    49-706 PEDESTRIAN WITH A
DISABILITY HAS RIGHT-OF-WAY. The driver of a vehicle shall yield the
right-of-way to any individual with a disability carrying a clearly visible
white cane or accompanied by a service dog.

                                         ii.    18-5810.  BLIND PERSONS ONLY
MAY USE WHITE OR RED AND WHITE CANES. No person, except those wholly or
partially blind, shall carry or use on any street, highway, or in any other
public place a cane or walking stick which is white in color, or white
tipped with red.

Me personally, I am going to start carrying a white cane and take my chances
on the prosecutor declining to file charges against me for not being blind
but carrying a white cane.

Service Dogs Quick Summary

18-5811.  ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO INDIVIDUALS WITH
DISABILITIES — PROHIBITED INTENTIONAL ACTIONS — PENALTIES. 

(1) Any person .  .  . who approaches an individual appearing to be an
individual with a disability or lawfully using an assistance device or a
service dog, and who:

(a)  Intentionally fails to stop, change course, speak, or take such other
action as is necessary to avoid any accident or injury to the  .  .  . the
service dog is guilty of a misdemeanor .  .  . 

(b)  Intentionally startles or frightens such person’s service dog is guilty
of a misdemeanor .  .  ., 

(2)  Any person who, without justification, intentionally interferes with
the use of a service dog  .  .  .  by obstructing, battering, or
intimidating the user or the service dog is guilty of a misdemeanor .  .  .

18-5811A.  UNLAWFUL USE OF ASSISTANCE DEVICE, ASSISTANCE ANIMAL, OR SERVICE
DOG. Any person, not being an individual with a disability or being trained
to assist individuals with disabilities, who uses .  .  .  a service dog in
an attempt to gain treatment or benefits as an individual with a disability
is guilty of a misdemeanor.

18-5812.  BATTERY TO ASSISTANCE ANIMALS, SERVICE DOGS, AND DOGS-IN-TRAINING
— PENALTIES. 

(1) Any person who:

(a)  Permits any animal that is owned, harbored, or controlled by him to
cause injury to or the death of any assistance animal, service dog, or
dog-in-training is guilty of a misdemeanor.

(b)  Intentionally causes injury to or the death of any assistance animal,
service dog, or dog-in-training is guilty of a misdemeanor .  .  .

(2)  In addition to any other criminal or civil penalties provided for
violation of this section, any person convicted under this section,
regardless of the form of judgment, shall be ordered to make full
restitution to the owner or custodian of such dog for all veterinary bills,
replacement, and other costs resulting from the injury or death of the dog.

18-5812A.   INDIVIDUALS WITH DISABILITIES MAY BE ACCOMPANIED BY SERVICE DOGS
— PENALTY FOR INTENTIONAL VIOLATION. (1) An individual with a disability
shall not be denied the use of any common carrier or public transportation
facility or admittance to any hotel, motel, cafe, elevator, housing for sale
or rent, or any other place of public accommodation within the state of
Idaho by reason of his being accompanied by a service dog. An individual
with a disability shall be entitled to have a service dog with him in such
places and while using such facilities without being required to pay any
additional charges for his service dog, but shall be liable for any damage
caused by his service dog.

(2)  Any person, firm, association, or corporation or agent of any person,
firm, association, or corporation intentionally violating the provisions of
this section shall be guilty of a misdemeanor.

56-705.  CIVIL LIABILITY FOR INTENTIONAL VIOLATION OF STATUTES PROTECTING
DISABLED PERSONS. Civil action may be brought against any person
intentionally violating the provisions of section 18-5811, 18-5811A, 18-5812
or 18-5812A, Idaho Code, with judgment awarded upon proof of the elements to
a preponderance of the evidence. As a part of any such civil judgment, a
successful plaintiff shall be awarded punitive damages in an amount equal to
all other damages suffered by the plaintiff, but in no event less than five
hundred dollars ($500). The failure of a disabled person to use an
assistance device or a service dog shall not be held to constitute nor be
evidence of contributory negligence in any civil action.

56-701A.  DEFINITIONS. As used in this chapter and chapter 58, title 18,
Idaho Code:

.  .  .

(2)  "Dog-in-training" means a dog being specifically trained to develop
social, environmental, and other skills needed for work with or to perform
tasks for an individual with a disability. Dogs-in-training shall wear a
jacket, collar, scarf, or other similar article identifying it as a
dog-in-training.

.  .  .

(4)  "Place of public accommodation" shall have the same meaning as provided
in the federal Americans with disabilities act, 42 U.S.C. 12101 et seq., and
its implementing regulations.

(5)  "Service dog" means 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 purposes of this chapter. The work or tasks
performed by the service dog must be directly related to the individual’s
disability. Examples of work or tasks include, but are not limited to,
assisting individuals who are blind or have low vision with navigation and
other tasks, alerting individuals who are 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 individuals to the presence of allergens, retrieving items such as
medicine or the telephone, providing physical support and assistance with
balance and stability to individuals with mobility disabilities, and helping
persons with psychiatric and neurological disabilities 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 chapter.

56-704.  RIGHT TO USE OF SERVICE DOG — LIABILITY.  An individual with a
disability shall have the right to be accompanied by a service dog in any of
the places described in section 56-703, Idaho Code, without being required
to pay an extra charge for the service dog; provided that the individual
shall be liable for any damage done to the premises or facilities by the
service dog.

56-704A.  RIGHTS OF INDIVIDUALS WITH SERVICE DOGS. 

(1) General. A place of public accommodation shall modify its policies,
practices, or procedures to permit the use of a service dog by an individual
with a disability or an authorized handler.

(2)  Exceptions. A place of public accommodation may ask an individual with
a disability to remove a service dog from the premises if:

(a)  The service dog is out of control and the service dog’s handler does
not take effective action to control it; or

(b)  The service dog is not housebroken.

(3)  If a service dog is excluded from a place of public accommodation
pursuant to subsection (2) of this section, then the place of public
accommodation shall give the individual with a disability the opportunity to
participate in the service, program, or activity being offered without
having the service dog on the premises.

(4)  A service dog shall be under the control of its handler. A service dog
shall have a harness, leash, or other tether, unless the handler is unable
because of a disability to use a harness, leash, or other tether, or the use
of a harness, leash, or other tether would interfere with the service dog’s
safe, effective performance of work or a task, in which case the service dog
must otherwise be under the handler’s control through voice control or other
effective means.

(5)  Inquiries. A place of public accommodation shall not ask about the
nature or extent of a person’s disability but may make two (2) inquiries to
determine whether an animal qualifies as a service dog. A place of public
accommodation may ask: if the service dog is required because of a
disability; and what work or task the service dog has been trained to
perform. A place of public accommodation shall not require documentation,
such as proof that the service dog has been certified, trained, or licensed
as a service dog. A place of public accommodation may not make inquiries
about a service dog when it is readily apparent that the service dog is
trained to do work or perform tasks for an individual with a disability,
such as: the dog is observed guiding an individual who is blind or has low
vision, pulling an individual’s wheelchair, or providing assistance with
stability or balance to an individual with an observable mobility
disability.

(6)  Access. Individuals with disabilities shall be permitted to be
accompanied by their service dog in all areas of a place of public
accommodation including, but not limited to, a common carrier, hotel,
lodging house, or place where members of the public, participants in
services, programs or activities, or invitees, as relevant, are allowed to
go.

(7)  Surcharges. A place of public accommodation, including, but not limited
to, a common carrier, hotel, lodging house, or other public place, shall not
ask or require an individual with a disability to pay a surcharge, even if
people accompanied by pets are required to pay fees or to comply with other
requirements generally not applicable to people without pets. If a place of
public accommodation normally charges individuals for the damage they cause,
an individual with a disability may be charged for damage caused by the
individual’s service dog.

56-704B.  RIGHTS OF INDIVIDUALS WITH DOGS-IN-TRAINING — LIABILITY. 

(1)  Every individual with a disability who is specifically training or
socializing a dog for the purpose of being a service dog shall have the
right to be accompanied by the dog in any of the places described in section
56-703, Idaho Code, without being required to pay an extra charge for the
dog if the accompaniment is part of the dog’s training or socialization to
become a service dog.

(2)  Every individual who is not an individual with a disability but who is
specifically training or socializing a dog for the purpose of being a
service dog shall have the privilege to be accompanied by the dog in any of
the places described in section 56-703, Idaho Code, without being required
to pay an extra charge for the dog if the accompaniment is part of the dog’s
training or socialization to become a service dog. The individual
accompanying the dog-in-training shall carry and upon request display an
identification card issued by a recognized school for service dogs or
training dogs or an organization that serves individuals with disabilities.
The dog-in-training shall be visually identified as a dog-in-training as
provided in section 56-701A, Idaho Code. The school or organization as
identified on the identification card shall be fully liable for any damages
done to the premises or facilities by the dog, and no liability to other
persons shall be attached to the owner, lessor, or manager of the property
arising out of activities permitted by this chapter.

56-706.  INTERFERENCE WITH RIGHTS OR ACTIVITIES — PENALTY. Any person or
persons, firm or corporation, or the agent of any person or persons, firm or
corporation, who denies or interferes with admittance to or enjoyment of the
public facilities enumerated in this chapter or otherwise interferes with
the rights of an individual with a disability under this chapter shall be
guilty of a misdemeanor.

Where and Why of Idaho White Cane Law In more detail with policy basis for
the law

IDAHO DRIVER’S HANDBOOK July 2022

The Idaho Driver’s Handbook paraphrases the language of Idaho statutes.
Courts go by the actual language of the statutes, not this text.

RIGHT-OF-WAY & YIELD

Idaho law defines when a vehicle or pedestrian must yield the right-of-way,
letting another vehicle or pedestrian pass through an intersection first.
Always remember that right-of-way is something to be given, not taken.

PEDESTRIANS & RIGHT-OF-WAY

Motor vehicles must yield to a pedestrian when:

·         The pedestrian is in a marked or unmarked crosswalk at an
intersection.

·         The vehicle is entering a street from an alley or driveway.

·         The pedestrian is a blind person walking with a white cane or
guide dog.

Pedestrians must yield to motor vehicles when:

·         The pedestrian is crossing a street where there is no crosswalk or
intersection.

·         Directed to do so by a traffic signal at an intersection or
crosswalk. 

Short Policy background on White Cane Law.

The ADA was passed "to provide a clear and comprehensive national mandate
for the elimination of discrimination against individuals with
disabilities.”

Pub. L. No. 101-336, 104 Stat. 327 (1990) (codified at 42 U.S.C. §§
12101-12213 (1994)).

“As Professor Jacobus tenBroek pointed out over thirty years ago, however,
such a mandate can be undermined if common law tort theories place greater
burdens on people with disabilities than those placed on the able-bodied.
TenBroek decried the inconsistency between statutory policy promoting
independence and common law tort theories which held people with
disabilities liable if they failed to depend on others or assistive devices.
For example, he noted that one of the declared purposes of the public
assistance titles of the Social Security Act was to encourage blind people
to work and otherwise be as independent as possible. “But, if a blind person
was injured while on the way to his job because a property owner or
construction crew had failed to place a barrier in front of a hazard, some
jurisdictions had held that he was per se contributorily negligent if he was
walking without the assistance of a dog, cane, or sighted companion.”

Adam A. Milani, Living the World: A New Look at the Disabled in the Law of
Torts, 48 Cath. U. L. Rev. 323 (1999). Available at:
https://scholarship.law.edu/lawreview/vol48/iss2/3

“To what extent do the legal right, the public approval, and the physical
capacity coincide? Does the law assure the physically disabled ... the right
to be in public places, to go about in the streets, sidewalks, roads and
highways, to ride upon trains, buses, airplanes, and taxi cabs, and to enter
and to receive goods and services in hotels, restaurants, and other places
of public accommodation? If so, under what conditions? What are the
standards of care and conduct, of risk and liability, to which they are held
and to which others are held with respect to them? Are the standards the
same for them as for the able-bodied?"

Jacobus tenBroek, The Right to Live in the World: The Disabled in the Law of
Torts, 54 CAL. L. REV. 841, 847 (1966).

“The thesis of tenBroek's article was that the courts and legislatures
should answer these questions using a policy of "integrationism," which
encourages and enables the disabled to participate fully in daily life. He
stated that this was, and for some time had been, the nation's policy as
established by Congress and state legislatures, and that courts were "bound
to use that policy at least as [a] guide, if not as [a] mandate," in
deciding common law cases, even if the courts disagreed with the policy's
desirability or feasibility.”

Adam A. Milani, above.

“Once the disabled do appear in a public place where, as it is said, they
have a right to be, what are the conditions of their presence? ... What are
their responsibilities toward themselves, toward others, and of others
toward them? Is the right to use the streets the same as the right of
reasonably safe passage? If the disabled are liable for all acts or
accidents proximately caused by their disability, if public bodies and
able-bodied persons stand exactly in the same relationship to them as to
able-bodied persons, if, in other words, disability is not to be taken into
consideration for these purposes so as positively to protect the disabled
against major hazards if not minor harms-then the right to be in public
places is best described by Shakespeare:

And be these juggling fiends no more believed that palter with us in a
double sense;

That keep the word of promise to our ear, and break it to our hope.

Jacobus tenBroek, above.

“This article examines if, as a result of the disability rights movement and
the civil rights legislation that was enacted since tenBroek's article,
courts have adopted this thesis and begun to use the statutory policy of
integration in deciding tort cases. It concludes that, with a few notable
exceptions, courts have not.”

Adam A. Milani, above.

Idaho’s legislative and executive branch effort to change common law

This background brings us to our topic, Idaho’s White Cane Law, which is
Idaho’s legislative and executive branch effort to change some of Idaho’s
recognized common law torts by the judicial branch to prevent the use of
contributory negligence asserted against disabled individuals to offset
liability and damages in court cases (and, by judicial guidance, insurance
companies).

My experience is not many people know of white cane laws.  They are
generally sensitive to politely yielding, not giving, the right of way to
disabled individuals at intersections, particularly if there are traffic
control signs.  Not so much with yielding at other than actual
intersections.

Idaho’s white cane law is spread out over various Idaho statutes
(legislative law, not common law tort laws). 

TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 7

RIGHTS OF INDIVIDUALS WITH DISABILITIES

            Updated Statute

56-701. POLICY OF STATE. It is the policy of this state to encourage and
enable individuals with disabilities to participate fully in the social and
economic life of the state and to engage in remunerative employment.

Old Statute

56-701. POLICY OF STATE. It is the policy of this state to encourage and
enable the blind, the visually impaired, the hearing impaired, and the
otherwise physically disabled to participate fully in the social and
economic life of the state and to engage in remunerative employment.

History:

[56-701, added 1969, ch. 69, sec. 1, p. 212; am. 1984, ch. 147, sec. 4, p.
343; am. 2010, ch. 235, sec. 48, p. 588; am. 2019, ch. 213, sec. 9, p. 647.]

TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 7

RIGHTS OF INDIVIDUALS WITH DISABILITIES

            Updated Statute

56-701A. DEFINITIONS. As used in this chapter and chapter 58, title 18,
Idaho Code:

(1) "Assistance device" means a cane or walking stick, predominantly white
or metallic in color, with or without red tip, or a manual or motorized
wheelchair or similar scooter, or other similar devices that enhance the
safety or mobility of a disabled person.

(2)"Dog-in-training" means a dog being specifically trained to develop
social, environmental, and other skills needed work with or to perform tasks
for an individual with a disability. Dogs-in-training shall wear a jacket,
collar, scarf, or other similar article identifying it as a dog-in-training.

(3) "Individual with a disability" means an individual who has a disability
as defined by the federal Americans with disabilities act, 42 U.S.C. 12101
et seq., and its implementing regulations effective as of January 1, 2019.

(4) "Place of public accommodation" shall have the same meaning as provided
in the federal Americans with disabilities act, 42 U.S.C. 12101 et seq., and
its implementing regulations.

(5) "Service dog" means 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 purposes of this chapter. The work or tasks
per-formed by the service dog must be directly related to the individual's
disability. Examples of work or tasks include, but are not limited to,
assisting individuals who are blind or have low vision with navigation and
other tasks, alerting individuals who are 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 individuals to the presence of allergens, retrieving items such as
medicine or the telephone, providing physical support and assistance with
balance and stability to individuals with mobility disabilities, and helping
persons with psychiatric and neurological disabilities 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 chapter.

Old Statute

56-701A. DEFINITIONS. As used in this chapter and chapter 58, title 18,
Idaho Code:

(1) "Assistance device" means a cane or walking stick, predominantly white
or metallic in color, with or without red tip, or a manual or motorized
wheelchair or similar scooter, or other similar devices that enhance the
safety or mobility of a disabled person.

(2) "Assistance dog" means a dog that has been trained as a guide dog for a
blind or visually impaired person, a hearing dog for a hearing-impaired
person, or a service dog for a disabled person.

(3) "Disabled person" means a hearing, visually, mentally or physically
impaired person.  

(4) "Dog-in-training" means a dog being specifically trained to develop
social, environmental, and other skills needed for admission to a training
school or other program for assistance dogs. Dogs-in-training shall wear a
jacket, collar, scarf, or other similar article identifying it as a
dog-in-training.

(5) "Guide dog" means a dog that has been specially trained to aid a
particular blind or visually impaired person.

(6) "Hearing dog" means a dog that has been specially trained to aid a
particular hearing-impaired person.

(7) "Hearing-impaired person" means a person who has a hearing impairment
manifested by a speech discrimination score of forty percent (40%) or more
in the better ear with appropriate correction as certified by a licensed
otologist, licensed audiologist, or the Idaho division of vocational
rehabilitation.

(8) "Physically impaired person" means any person with any substantial
physical disability that prevents normal participation in community or life
activities as are available and participated in by persons with no such
afflictions or conditions of the same age and sex.

(9) "Service dog" means a dog that has been specially trained to aid a
particular physically or mentally disabled person with a disability other
than sight or hearing impairment.

(10) "Visually impaired person" means any person who is blind, totally
blind, partially blind or otherwise visually impaired, meaning such person
has central visual acuity not exceeding 20/200 in the better eye, with
corrected lenses, as measured by the Snellen test, or visual acuity greater
than 20/200, but with a limitation in the field of vision such that the
widest diameter of the visual field subtends an angle not greater than
twenty (20) degrees.

History:

[56-701A, added 1984, ch. 147, sec. 5, p. 344; am. 1992, ch. 58, sec. 5, p.
170; am. 1994, ch. 159, sec. 2, p. 360; am. 1997, ch. 267, sec. 8, p. 766;
am. 2002, ch. 345, sec. 34, p. 977; am. 2010, ch. 235, sec. 49, p. 588; am.
2018, ch. 144, sec. 1, p. 298; am. 2019, ch. 213, sec. 10, p. 647.]

56-702.  RIGHT TO FULL AND FREE USE OF STREETS, HIGHWAYS, PUBLIC BUILDINGS
AND PUBLIC FACILITIES. 

Updated Statute

Individuals with disabilities have the same rights and privileges as the
general public to the full and free use of the streets, highways, sidewalks,
walkways, public buildings, public facilities, and other places of public
accommodations.

Old Statute

The blind, the visually impaired, the hearing impaired, and the otherwise
physically disabled have the same rights as the able-bodied general public
to the full and free use of the streets, highways, sidewalks, walkways,
public buildings, public facilities, and other public places.

History:

History:

[56-702, added 1969, ch. 69, sec. 2, p. 212; am. 1984, ch. 147, sec. 6, p.
344; am. 2010, ch. 235, sec. 50, p. 589; am. 2019, ch. 213, sec. 11, p.
649.]

Updated Statute

56-705. CIVIL LIABILITY FOR INTENTIONAL VIOLATION OF STATUTES PRO-TECTING
DISABLED PERSONS. Civil action may be brought against any person
intentionally violating the provisions of section 18-5811, 18-5811A, 18-5812
or 18-5812A, Idaho Code, with judgment awarded upon proof of the elements to
a preponderance of the evidence. As a part of any such civil judgment, a
successful plaintiff shall be awarded punitive damages in an amount equal to
all other damages suffered by the plaintiff, but in no event less than five
hundred dollars ($500). The failure of a disabled person to use an
assistance device or assistance a service dog shall not be held to
constitute nor be evidence of contributory negligence in any civil action.

Old Statute

56-705. CIVIL LIABILITY FOR INTENTIONAL VIOLATION OF STATUTES PRO-TECTING
DISABLED PERSONS. Civil action may be brought against any person
intentionally violating the provisions of section 18-5811, 18-5811A, 18-5812
or 18-5812A, Idaho Code, with judgment awarded upon proof of the elements to
a preponderance of the evidence. As a part of any such civil judgment, a
successful plaintiff shall be awarded punitive damages in an amount equal to
all other damages suffered by the plaintiff, but in no event less than five
hundred dollars ($500). The failure of a disabled person to use an
assistance device or assistance dog shall not be held to constitute nor be
evidence of contributory negligence in any civil action.

History:

[56-705, added 1997, ch. 267, sec. 12, p. 768; am. 2019, ch. 213, sec. 16,
p. 650.]

New Statute

18-5811. ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO INDIVIDUALS WITH
DISABILITIES -- PROHIBITED INTENTIONAL ACTIONS --PENALTIES. (1) Any person,
whether a pedestrian, operating a vehicle or otherwise, who approaches an
individual appearing to be an individual with a disability or lawfully using
an assistance device or a service dog, and who:

(a)        Intentionally fails to stop, change course, speak, or take such
other action as is necessary to avoid any accident or injury to the
individual with a disability, the assistance device, or the service dog is
guilty of a misdemeanor, punishable by imprisonment in the county jail not
exceeding six (6) months, or by a fine of not less than fifty dollars
($50.00) nor more than one thousand dollars ($1,000), or by both.

(b)        Intentionally startles or frightens such person's dog is guilty
of a misdemeanor, punishable by imprisonment in the county jail not
exceeding six (6) months, or by a fine of not less than fifty dollars
($50.00) nor more than one thousand dollars ($1,000), or by both. . . .

Old Statute

18-5811. ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO DISABLED PERSON --
PROHIBITED INTENTIONAL ACTIONS --PENALTIES. (1) Any person, whether a
pedestrian, operating a vehicle or otherwise, who approaches an individual
appearing to be a disabled person or lawfully using an assistance device or
assistance dog, and who:

(a)        Intentionally fails to stop, change course, speak, or take such
other action as is necessary to avoid any accident or injury to the disabled
person, the assistance device or dog, is guilty of a misdemeanor, punishable
by imprisonment in the county jail not exceeding six (6) months, or by a
fine of not less than fifty dollars ($50.00) nor more than one thousand
dollars ($1,000), or by both.

(b)        Intentionally startles or frightens such person's service dog, is
guilty of a misdemeanor, punishable by imprisonment in the county jail not
exceeding six (6) months, or by a fine of not less than fifty dollars
($50.00) nor more than one thousand dollars ($1,000), or by both. . . .

History:

[18-5811, added 1997, ch. 267, sec. 2, p. 764; am. 2019, ch. 213, sec. 1, p.
645.]

Updated Statute

18-5811A. UNLAWFUL USE OF ASSISTANCE DEVICE, OR DOG. Any person, not being
an individual with a disability or being trained to assist individuals with
disabilities, who uses an assistance device, an assistance animal, or a
service dog in an attempt to gain treatment or benefits as an individual
with a disability is guilty of a misdemeanor.

Old Statute

18-5811A. UNLAWFUL USE OF ASSISTANCE DEVICE, ASSISTANCE ANIMAL, OR SERVICE
DOG. Any person, not being a disabled person or being trained to assist
disabled persons, who uses an assistance device or assistance dog in an
attempt to gain treatment or benefits as a disabled person, is guilty of a
misdemeanor.

History:

[18-5811A, added 1997, ch. 267, sec. 3, p. 765; am. 2019, ch. 213, sec. 2,
p. 645.]

Updated Statute

18-5812. BATTERY TO ASSISTANCE ANIMALS, SERVICE DOGS, AND DOGS-IN-TRAINING
-- PENALTIES. (1) Any person who:

(a)        Permits any animal that is owned, harbored, or controlled by him
to cause injury to or the death of any assistance animal, service dog, or
dog-in-training, is guilty of a misdemeanor.

(b)        Intentionally causes injury to or the death of any assistance
animal, service dog, or dog-in-training is guilty of a misdemeanor
punishable by imprisonment in the county jail not exceeding one (1) year, or
by a fine not exceeding five thousand dollars ($5,000), or by both.

(2) In addition to any other criminal or civil penalties provided for
violation of this section, any person convicted under this section,
regardless of the form of judgment, shall be ordered to make full
restitution to the owner or custodian of such dog for all veterinary bills,
replacement, and other costs resulting from the injury or death of the dog.

Old Statute

18-5812. BATTERY TO DISABLED PERSONS AND ASSISTANCE DOGS -- PENALTIES. (1)
Any person who:

(a)        Permits any animal which is owned, harbored or controlled by him
to cause injury to or the death of any assistance dog or dog-in-training is
guilty of a misdemeanor.

(b)        Intentionally causes injury to or the death of any assistance
dog, or dog-in-training is guilty of a misdemeanor punishable by
imprisonment in the county jail not exceeding one (1) year, or by a fine not
exceeding five thousand dollars ($5,000), or by both.

(2) In addition to any other criminal or civil penalties provided for
violation of this section, any person convicted under this section,
regardless of the form of judgment, shall be ordered to make full
restitution to the owner or custodian of such dog for all veterinary bills,
replacement, and other costs resulting from the injury or death of the dog.

History:

[18-5812, added 1997, ch. 267, sec. 5, p. 765; am. 2019, ch. 213, sec. 3, p.
645.]

Whoops

TITLE 49

MOTOR VEHICLES

CHAPTER 7

PEDESTRIANS AND BICYCLES

Updated Statute

49-706. PEDESTRIAN WITH A DISABILITY HAS RIGHT-OF-WAY. The driver of a
vehicle shall yield the right-of-way to any individual with a disability
carrying a clearly visible white cane or accompanied by a service dog.

Old Statute

49-706. BLIND AND/OR HEARING IMPAIRED PEDESTRIAN HAS RIGHT-OF-WAY. The
driver of a vehicle shall yield the right-of-way to any blind pedestrian
carrying a clearly visible white cane or accompanied by a guide dog or a
hearing impaired person accompanied by a hearing aid.

History:

[49-706, added 1988, ch. 265, sec. 197, p. 676; am. 2019, ch. 213, sec. 7,
p. 647.] 

TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 58

PUBLIC HEALTH AND SAFETY

            Unchanged Statute 

18-5810.  BLIND PERSONS ONLY MAY USE WHITE OR RED AND WHITE CANES. No
person, except those wholly or partially blind, shall carry or use on any
street, highway, or in any other public place a cane or walking stick which
is white in color, or white tipped with red.

History:

[18-5810, added 1972, ch. 336, sec. 1, p. 956.]

TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 58

PUBLIC HEALTH AND SAFETY

Updated Statute

18-5811A.  UNLAWFUL USE OF ASSISTANCE DEVICE, ASSISTANCE ANIMAL, OR SERVICE
DOG. Any person, not being an individual with a disability or being trained
to assist individuals with disabilities, who uses an assistance device, an
assistance animal, or a service dog in an attempt to gain treatment or
benefits as an individual with a disability is guilty of a misdemeanor.

Old Statute

18-5811A.  UNLAWFUL USE OF ASSISTANCE DEVICE, OR DOG. Any person, a disabled
person or being trained to assist a disabled person, who uses an assistance
device, or assistance dog in an attempt to gain treatment or benefits as a
disabled person is guilty of a misdemeanor.

History:

[18-5811A, added 1997, ch. 267, sec. 3, p. 765; am. 2019, ch. 213, sec. 2,
p. 645.]

Combining the net effect of the three above statutes (49-706, 18-5810,
18-5811A), since I am disabled using a powered wheelchair I am taking the
position that I can carry a white cane, even though I’m not blind, if I want
the protection granted by statute 49-706.

TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 58

PUBLIC HEALTH AND SAFETY

            Updated Statute

18-5811.  ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO INDIVIDUALS WITH
DISABILITIES — PROHIBITED INTENTIONAL ACTIONS — PENALTIES. (1) Any person,
whether a pedestrian, operating a vehicle or otherwise, who approaches an
individual appearing to be an individual with a disability or lawfully using
an assistance device or a service dog, and who:

(a)  Intentionally fails to stop, change course, speak, or take such other
action as is necessary to avoid any accident or injury to the individual
with a disability, the assistance device, or the service dog is guilty of a
misdemeanor, punishable by imprisonment in the county jail not exceeding six
(6) months, or by a fine of not less than fifty dollars ($50.00) nor more
than one thousand dollars ($1,000), or by both.

(b)  Intentionally startles or frightens such person’s service dog is guilty
of a misdemeanor, punishable by imprisonment in the county jail not
exceeding six (6) months, or by a fine of not less than fifty dollars
($50.00) nor more than one thousand dollars ($1,000), or by both.

(2)  Any person who, without justification, intentionally interferes with
the use of a service dog or an assistance device by obstructing, battering,
or intimidating the user or the service dog is guilty of a misdemeanor
punishable by imprisonment in the county jail not exceeding six (6) months,
or by a fine of not less than fifty dollars ($50.00) nor more than one
thousand five hundred dollars ($1,500), or by both.

Old Statute

18-5811. ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO DISABLED PERSON --
PROHIBITED INTENTIONAL ACTIONS --PENALTIES. (1) Any person, whether a
pedestrian, operating a vehicle or otherwise, who approaches an individual
appearing to be a disabled person or lawfully using an assistance device or
assistance dog, and who:

(a) Intentionally fails to stop, change course, speak, or take such other
action as is necessary to avoid any accident or injury to the disabled
person, the assistance device, or the assistance dog, is guilty of a
misdemeanor, punishable by imprisonment in the county jail not exceeding six
(6) months, or by a fine of not less than fifty dollars ($50.00) nor more
than one thousand dollars ($1,000), or by both.

(b) Intentionally startles or frightens such person's dog, is guilty of a
misdemeanor, punishable by imprisonment in the county jail not exceeding six
(6) months, or by a fine of not less than fifty dollars ($50.00) nor more
than one thousand dollars ($1,000), or by both. 

(2) Any person who, without justification, intentionally interferes with the
use of an assistance dog or assistance device by obstructing, battering or
intimidating the user or the dog is guilty of a misdemeanor punishable by
imprisonment in the county jail not exceeding six (6) months, or by a fine
of not less than fifty dollars ($50.00) nor more than one thousand five
hundred dollars ($1,500), or by both.

History:

[18-5811, added 1997, ch. 267, sec. 2, p. 764; am. 2019, ch. 213, sec. 1, p.
645.]

TITLE 49

MOTOR VEHICLES

CHAPTER 1

DEFINITIONS

49-109.  DEFINITIONS — H

.  .  .

(4)  "Highway" means the entire width between the boundary lines of every
way publicly maintained when any part is open to the use of the public for
vehicular travel, with jurisdiction extending to the adjacent property line,
including sidewalks, shoulders, berms and rights-of-way not intended for
motorized traffic. The term "street" is interchangeable with highway.

(a)  Arterial. Any highway designated by the local authority as part of a
major arterial system of highways within its jurisdiction.

(b)  Controlled-access. Any highway or roadway in respect to which owners or
occupants of abutting lands and other persons have no legal right of access
to or from the highway except at such points only or in such manner as may
be determined by the public authority having jurisdiction over the highway.

(c)  Through. Any highway or portion of it on which vehicular traffic is
given preferential right-of-way and at the entrances to which vehicular
traffic from intersecting highways is required by law to yield the
right-of-way to vehicles on the through highway in obedience to a stop sign,
yield sign, or other traffic-control device.

History:

[49-109, added 1988, ch. 265, sec. 2, p. 557; am. 1990, ch. 45, sec. 5, p.
78; am. 1994, ch. 264, sec. 1, p. 814; am. 2006, ch. 164, sec. 1, p. 489;
am. 2019, ch. 213, sec. 6, p. 646.]

            Updated Statute

49-109.  DEFINITIONS — H. . . .

(4)  "Highway" means the entire width between the boundary lines of every
way publicly maintained when any part is open to the use of the public for
vehicular travel, with jurisdiction extending to the adjacent property line,
including sidewalks, shoulders, berms and rights-of-way not intended for
motorized traffic. The term "street" is interchangeable with highway.

(a)  Arterial. Any highway designated by the local authority as part of a
major arterial system of highways within its jurisdiction.

(b)  Controlled-access. Any highway or roadway in respect to which owners or
occupants of abutting lands and other persons have no legal right of access
to or from the highway except at such points only or in such manner as may
be determined by the public authority having jurisdiction over the highway.

(c)  Through. Any highway or portion of it on which vehicular traffic is
given preferential right-of-way and at the entrances to which vehicular
traffic from intersecting highways is required by law to yield the
right-of-way to vehicles on the through highway in obedience to a stop sign,
yield sign, or other traffic-control device.

            Old Statute

49-109.  DEFINITIONS — H. . . .

(4) "Hearing aid dog." (See "Hearing impaired person," section 56-701A,

(5) "Highway" means the entire width between the boundary lines of every way
publicly maintained when any part is open to the use of the public for
vehicular travel, with jurisdiction extending to the adjacent property line,
including sidewalks, shoulders, berms and rights-of-way not intended for
motorized traffic. The term "street" is interchangeable with highway.

(a) Arterial. Any highway designated by the local authority as part of a
major arterial system of highways within its jurisdiction.

(b) Controlled-access. Any highway or roadway in respect to which owners or
occupants of abutting lands and other persons have no legal right of access
to or from the highway except at such points only or in such manner as may
be determined by the public authority having jurisdiction over the highway.

(c) Through. Any highway or portion of it on which vehicular traffic is
given preferential right-of-way, and at the entrances to which vehicular
traffic from intersecting highways is required by law to yield the
right-of-way to vehicles on the through highway in obedience to a stop sign,
yield sign, or other traffic-control device.

History:

[49-109, added 1988, ch. 265, sec. 2, p. 557; am. 1990, ch. 45, sec. 5, p.
78; am. 1994, ch. 264, sec. 1, p. 814; am. 2006, ch. 164, sec. 1, p. 489;
am. 2019, ch. 213, sec. 6, p. 646.]

The above definitions do not state they apply to private property.

https://www.perkins.org/10-fascinating-facts-about-the-white-cane/

10 fascinating facts about the white cane

To celebrate National White Cane Safety Day, here are some little-known
facts about the iconic white cane.

Tap tap tap. That’s the sound of independence.

That’s the sound of people with visual impairments around the United States
– and all over the world – using a white cane to confidently navigate to
work, around their neighborhoods or to wherever their plans take them.

There’s no better day to celebrate the power of the white cane than October
15 – White Cane Safety Day.  It’s the day set aside by the federal
government to recognize the independence and skill of people who use white
canes. It’s also a reminder that laws in all 50 states require drivers to
yield the right of way to people with white canes, even when they’re not on
a crosswalk.

In honor of White Cane Safety Day, here are 10 quirky facts about the white
cane:

1.     Yes, it’s legal to take a white cane through security at an airport,
according to the TSA, but it has to go through the X-ray machine.

2.     White canes are white because of George A. Bonham. In 1930, Bonham,
president of the Peoria Lions Club (Illinois), watched a man who was blind
attempting to cross a street. The man’s cane was black and motorists
couldn’t see it, so Bonham proposed painting the cane white with a red
stripe to make it more noticeable. The idea quickly caught on around the
country.

3.     White canes are going high-tech. Inventors in India, Great Britain
and France have equipped white canes with ultrasonic devices that detect
obstacles up to nine feet away. Vibrations in the cane’s handle warn users
of potential hazards in their path.

4.     The standard technique for using a white cane was pioneered in 1944
by Richard E. Hoover, a World War II veteran rehabilitation specialist. His
technique of holding a long cane in the center of the body and swinging it
back and forth before each step to detect obstacles is still called the
“Hoover Method.”

5.     Most people who are visually impaired don’t use a white cane. In
fact, only an estimated 2 percent to 8 percent do. The rest rely on their
useable vision, a guide dog or a sighted guide.

6.     There are actually three different kinds of white canes. There’s the
standard mobility cane, used to navigate. There’s the support cane, used by
people with visual impairments who also have mobility challenges. And
there’s the ID cane, a small, foldable cane used by people with partial
sight to let others know they have a visual impairment.

7.     Unless you’re willing to “walk the walk,” you can’t become a
certified Orientation & Mobility specialist. O&M specialists teach white
cane technique to people who are blind, but to become certified, you must
spend at least 120 hours blindfolded, navigating with a white cane.

8.     Today’s modern, lightweight canes are usually made from aluminum,
fiberglass or carbon fiber, and can weigh as little as seven ounces. Some
white cane users prefer straight canes, which are more durable, while others
prefer collapsible canes, which can be folded and stored more easily.

9.     White caning can be fun. The Braille Institute sponsors an annual
Cane Quest, where youngsters aged 3-12 compete to quickly and safely
navigate a route in their community using their white canes. The contest
helps kids master proper white cane techniques and encourages independence.

10.  In some states, it’s illegal for a person who is not legally blind to
use a white cane to gain right-of-way while crossing a street. Get caught in
Florida, for example, and you’ll face second-degree misdemeanor charges and
up to 60 days in prison.

Service Dogs

18-5811.  ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO INDIVIDUALS WITH
DISABILITIES — PROHIBITED INTENTIONAL ACTIONS — PENALTIES. 

(1) Any person, whether a pedestrian, operating a vehicle or otherwise, who
approaches an individual appearing to be an individual with a disability or
lawfully using an assistance device or a service dog, and who:

(a)  Intentionally fails to stop, change course, speak, or take such other
action as is necessary to avoid any accident or injury to the individual
with a disability, the assistance device, or the service dog is guilty of a
misdemeanor, punishable by imprisonment in the county jail not exceeding six
(6) months, or by a fine of not less than fifty dollars ($50.00) nor more
than one thousand dollars ($1,000), or by both.

(b)  Intentionally startles or frightens such person’s service dog is guilty
of a misdemeanor, punishable by imprisonment in the county jail not
exceeding six (6) months, or by a fine of not less than fifty dollars
($50.00) nor more than one thousand dollars ($1,000), or by both.

(2)  Any person who, without justification, intentionally interferes with
the use of a service dog or an assistance device by obstructing, battering,
or intimidating the user or the service dog is guilty of a misdemeanor
punishable by imprisonment in the county jail not exceeding six (6) months,
or by a fine of not less than fifty dollars ($50.00) nor more than one
thousand five hundred dollars ($1,500), or by both.

History:

[18-5811, added 1997, ch. 267, sec. 2, p. 764; am. 2019, ch. 213, sec. 1, p.
645.]

18-5811A.  UNLAWFUL USE OF ASSISTANCE DEVICE, ASSISTANCE ANIMAL, OR SERVICE
DOG. Any person, not being an individual with a disability or being trained
to assist individuals with disabilities, who uses an assistance device, an
assistance animal, or a service dog in an attempt to gain treatment or
benefits as an individual with a disability is guilty of a misdemeanor.

History:

[18-5811A, added 1997, ch. 267, sec. 3, p. 765; am. 2019, ch. 213, sec. 2,
p. 645.]

8-5812.  BATTERY TO ASSISTANCE ANIMALS, SERVICE DOGS, AND DOGS-IN-TRAINING —
PENALTIES. 

(1) Any person who:

(a)  Permits any animal that is owned, harbored, or controlled by him to
cause injury to or the death of any assistance animal, service dog, or
dog-in-training is guilty of a misdemeanor.

(b)  Intentionally causes injury to or the death of any assistance animal,
service dog, or dog-in-training is guilty of a misdemeanor punishable by
imprisonment in the county jail not exceeding one (1) year, or by a fine not
exceeding five thousand dollars ($5,000), or by both.

(2)  In addition to any other criminal or civil penalties provided for
violation of this section, any person convicted under this section,
regardless of the form of judgment, shall be ordered to make full
restitution to the owner or custodian of such dog for all veterinary bills,
replacement, and other costs resulting from the injury or death of the dog.

History:

[18-5812, added 1997, ch. 267, sec. 5, p. 765; am. 2019, ch. 213, sec. 3, p.
645.]

18-5812A.   INDIVIDUALS WITH DISABILITIES MAY BE ACCOMPANIED BY SERVICE DOGS
— PENALTY FOR INTENTIONAL VIOLATION. 

(1) An individual with a disability shall not be denied the use of any
common carrier or public transportation facility or admittance to any hotel,
motel, cafe, elevator, housing for sale or rent, or any other place of
public accommodation within the state of Idaho by reason of his being
accompanied by a service dog. An individual with a disability shall be
entitled to have a service dog with him in such places and while using such
facilities without being required to pay any additional charges for his
service dog, but shall be liable for any damage caused by his service dog.

(2)  Any person, firm, association, or corporation or agent of any person,
firm, association, or corporation intentionally violating the provisions of
this section shall be guilty of a misdemeanor.

History:

[18-5812A, added 1972, ch. 336, sec. 1, p. 956; am. 1984, ch. 147, sec. 3,
p. 343; am. 1992, ch. 58, sec. 3, p. 169; am. 1997, ch. 267, sec. 6, p. 765;
am. 2019, ch. 213, sec. 4, p. 646.]

56-705.  CIVIL LIABILITY FOR INTENTIONAL VIOLATION OF STATUTES PROTECTING
DISABLED PERSONS. Civil action may be brought against any person
intentionally violating the provisions of section 18-5811, 18-5811A, 18-5812
or 18-5812A, Idaho Code, with judgment awarded upon proof of the elements to
a preponderance of the evidence. As a part of any such civil judgment, a
successful plaintiff shall be awarded punitive damages in an amount equal to
all other damages suffered by the plaintiff, but in no event less than five
hundred dollars ($500). The failure of a disabled person to use an
assistance device or a service dog shall not be held to constitute nor be
evidence of contributory negligence in any civil action.

History:

[56-705, added 1997, ch. 267, sec. 12, p. 768; am. 2019, ch. 213, sec. 16,
p. 650.]

56-701A.  DEFINITIONS. As used in this chapter and chapter 58, title 18,
Idaho Code:

.  .  .

(2)  "Dog-in-training" means a dog being specifically trained to develop
social, environmental, and other skills needed for work with or to perform
tasks for an individual with a disability. Dogs-in-training shall wear a
jacket, collar, scarf, or other similar article identifying it as a
dog-in-training.

.  .  .

(4)  "Place of public accommodation" shall have the same meaning as provided
in the federal Americans with disabilities act, 42 U.S.C. 12101 et seq., and
its implementing regulations.

(5)  "Service dog" means 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 purposes of this chapter. The work or tasks
performed by the service dog must be directly related to the individual’s
disability. Examples of work or tasks include, but are not limited to,
assisting individuals who are blind or have low vision with navigation and
other tasks, alerting individuals who are 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 individuals to the presence of allergens, retrieving items such as
medicine or the telephone, providing physical support and assistance with
balance and stability to individuals with mobility disabilities, and helping
persons with psychiatric and neurological disabilities 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 chapter.

History:

[56-701A, added 1984, ch. 147, sec. 5, p. 344; am. 1992, ch. 58, sec. 5, p.
170; am. 1994, ch. 159, sec. 2, p. 360; am. 1997, ch. 267, sec. 8, p. 766;
am. 2002, ch. 345, sec. 34, p. 977; am. 2010, ch. 235, sec. 49, p. 588; am.
2018, ch. 144, sec. 1, p. 298; am. 2019, ch. 213, sec. 10, p. 647.]

56-704.  RIGHT TO USE OF SERVICE DOG — LIABILITY.  An individual with a
disability shall have the right to be accompanied by a service dog in any of
the places described in section 56-703, Idaho Code, without being required
to pay an extra charge for the service dog; provided that the individual
shall be liable for any damage done to the premises or facilities by the
service dog.

History:

[56-704, added 1969, ch. 69, sec. 4, p. 212; am. 1984, ch. 147, sec. 8, p.
344; am. 1997, ch. 267, sec. 9, p. 767; am. 2019, ch. 213, sec. 13, p. 649.]

56-704A.  RIGHTS OF INDIVIDUALS WITH SERVICE DOGS. 

(1) General. A place of public accommodation shall modify its policies,
practices, or procedures to permit the use of a service dog by an individual
with a disability or an authorized handler.

(2)  Exceptions. A place of public accommodation may ask an individual with
a disability to remove a service dog from the premises if:

(a)  The service dog is out of control and the service dog’s handler does
not take effective action to control it; or

(b)  The service dog is not housebroken.

(3)  If a service dog is excluded from a place of public accommodation
pursuant to subsection (2) of this section, then the place of public
accommodation shall give the individual with a disability the opportunity to
participate in the service, program, or activity being offered without
having the service dog on the premises.

(4)  A service dog shall be under the control of its handler. A service dog
shall have a harness, leash, or other tether, unless the handler is unable
because of a disability to use a harness, leash, or other tether, or the use
of a harness, leash, or other tether would interfere with the service dog’s
safe, effective performance of work or a task, in which case the service dog
must otherwise be under the handler’s control through voice control or other
effective means.

(5)  Inquiries. A place of public accommodation shall not ask about the
nature or extent of a person’s disability but may make two (2) inquiries to
determine whether an animal qualifies as a service dog. A place of public
accommodation may ask: if the service dog is required because of a
disability; and what work or task the service dog has been trained to
perform. A place of public accommodation shall not require documentation,
such as proof that the service dog has been certified, trained, or licensed
as a service dog. A place of public accommodation may not make inquiries
about a service dog when it is readily apparent that the service dog is
trained to do work or perform tasks for an individual with a disability,
such as: the dog is observed guiding an individual who is blind or has low
vision, pulling an individual’s wheelchair, or providing assistance with
stability or balance to an individual with an observable mobility
disability.

(6)  Access. Individuals with disabilities shall be permitted to be
accompanied by their service dog in all areas of a place of public
accommodation including, but not limited to, a common carrier, hotel,
lodging house, or place where members of the public, participants in
services, programs or activities, or invitees, as relevant, are allowed to
go.

(7)  Surcharges. A place of public accommodation, including, but not limited
to, a common carrier, hotel, lodging house, or other public place, shall not
ask or require an individual with a disability to pay a surcharge, even if
people accompanied by pets are required to pay fees or to comply with other
requirements generally not applicable to people without pets. If a place of
public accommodation normally charges individuals for the damage they cause,
an individual with a disability may be charged for damage caused by the
individual’s service dog.

History:

[56-704A, added 2019, ch. 213, sec. 14, p. 649.]

56-704B.  RIGHTS OF INDIVIDUALS WITH DOGS-IN-TRAINING — LIABILITY. 

(1)  Every individual with a disability who is specifically training or
socializing a dog for the purpose of being a service dog shall have the
right to be accompanied by the dog in any of the places described in section
56-703, Idaho Code, without being required to pay an extra charge for the
dog if the accompaniment is part of the dog’s training or socialization to
become a service dog.

(2)  Every individual who is not an individual with a disability but who is
specifically training or socializing a dog for the purpose of being a
service dog shall have the privilege to be accompanied by the dog in any of
the places described in section 56-703, Idaho Code, without being required
to pay an extra charge for the dog if the accompaniment is part of the dog’s
training or socialization to become a service dog. The individual
accompanying the dog-in-training shall carry and upon request display an
identification card issued by a recognized school for service dogs or
training dogs or an organization that serves individuals with disabilities.
The dog-in-training shall be visually identified as a dog-in-training as
provided in section 56-701A, Idaho Code. The school or organization as
identified on the identification card shall be fully liable for any damages
done to the premises or facilities by the dog, and no liability to other
persons shall be attached to the owner, lessor, or manager of the property
arising out of activities permitted by this chapter.

History:

[(56-704B) 56-704A, added 1983, ch. 75, sec. 2, p. 162; am. 1992, ch. 58,
sec. 6, p. 170; am. 1994, ch. 159, sec. 3, p. 361; am. 1997, ch. 267, sec.
10, p. 768; am. and redesig. 2019, ch. 213, sec. 15, p. 650.]

56-706.  INTERFERENCE WITH RIGHTS OR ACTIVITIES — PENALTY. Any person or
persons, firm or corporation, or the agent of any person or persons, firm or
corporation, who denies or interferes with admittance to or enjoyment of the
public facilities enumerated in this chapter or otherwise interferes with
the rights of an individual with a disability under this chapter shall be
guilty of a misdemeanor.

History:

[56-706, added 1969, ch. 69, sec. 6, p. 212; am. 1984, ch. 147, sec. 10, p.
345; am. 2019, ch. 213, sec. 17, p. 651.]

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