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Idaho Service Dog Laws

Idaho Service Dog Laws

No Comments January 2, 2016

Definitions

Under public accommodation law:

“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 physically disabled person.

I.C. § 56-701A

Accommodation Law

A disabled person accompanied by an assistance dog 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 public place within the state of Idaho.

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.

I.C. § 18-5812A

Every disabled person or person who is specially training or socializing a dog for the purpose of being an assistance dog shall have the right to be accompanied by an assistance dog, in any of the places listed in § 56-703.

I.C. § 56-704704A

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 a totally or partially blind, hearing impaired, or otherwise disabled person under this chapter shall be guilty of a misdemeanor.

I.C. § 56-706

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 a totally or partially blind, hearing impaired, or otherwise disabled person under this chapter shall be guilty of a misdemeanor.

I.C. § 56-706

Harassment of/Interference with Service Dogs

Avoid accident/intentional inference with assistance dogs:
6 month imprisonment/$50 – 1,000 misdemeanor to approach on foot or in vehicle an individual appearing to be a disabled person or lawfully using an assistance device or assistance dog and:

  • intentionallyfail to stop, change course, speak or take such other action to avoid any accident or injury to the disabled person, the assistance device or dog
  • intentionallystartle or frighten such person’s dog
  • intentionallyinterfere with use of an assistance dog or assistance device by obstructing, battering or intimidating the user or the dog

I.C. § 18-5811
Battery to disabled persons and assistance dogs:

  • misdemeanor to allow any animal to cause injury/death to assistance dog or dog-in-training
  • misdemeanor punishable of jail up to 1 year/fine of up to $5,000 or both to intentionally causes injury to or the death of any assistance dog or dog-in-training
  • in addition violator must make full restitution

I.C. § 18-5812

Driving Law

Person whether a pedestrian, operating a vehicle, etc. who approaches an individual appearing to be a disabled person or lawfully using an assistance device or assistance dog, and who 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 6 month/$50 – 1,000 misdemeanor.

I.C. § 18-5811

Fraudulent Representation

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.

I.C. § 18-5811A

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