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Illinois Service Dog Laws

Illinois Service Dog Laws

No Comments January 2, 2016

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.

510 ILCS 70/2.01c

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.

IL ST CH 740 § 13/5

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.

IL ST CH 775 § 30/3

Violation is a Class A misdemeanor.

IL ST CH 775 § 30/4

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.

105 I.L.C.S. 5/14-6.02

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.

625 I.L.C.S. 60/15

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

775 I.L.C.S. 5/3-104.1

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.

510 ILCS 70/4.04

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.


510 ILCS 70/7.15

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

IL ST CH 740 § 13/10

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.

625 I.L.C.S. 60/15

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