Understanding the Laws That Protect Public Access
By Angie Matney, Seeing Eye graduate

Despite the fact that Seeing Eye dogs have improved the quality of life for blind people since 1929, people who use dog guides occasionally experience discrimination. Various federal and state laws guarantee the right of a person with a disability to be accompanied by a trained service animal, but some business owners are not aware of their responsibilities under the law. It is important for dog guide users to understand the options available to them when they are denied access to a public facility.

Title III of the Americans with Disabilities Act (ADA) is a federal law that guarantees your right to be accompanied by your Seeing Eye dog in all places of public accommodation, including hotels, restaurants, movie theaters, shopping centers, and other places where the general public is invited. 

The ADA is a relatively new law. Prior to its passage, each state passed its own access laws. These laws still exist and vary widely from state to state. Generally, the ADA provides greater protection than state law, but state law takes precedence if it provides greater protection than the ADA. 

It is important to remember that the police don't have authority to enforce the ADA. This is because the ADA is a federal civil statute. The police can only enforce state and local criminal laws. The police can remind owners of public facilities of their responsibilities under the ADA, but it is up to you to take legal action. You can file a complaint with the U.S. Department of Justice (DOJ), the federal agency responsible for enforcing Title III of the ADA, or you can file a private law suit. 

If you file a complaint with the DOJ, the Department will decide whether or not to file a suit on your behalf. The DOJ may bring suit if it has reason to believe there is a "pattern or practice" of discrimination, or if the discrimination raises an issue of general public importance. The court may order the defendant to change its discriminatory policies or to pay compensatory damages, including your out-of-pocket expenses, and civil penalties, capped at $55,000 for a first violation and $110,000 for subsequent violations. To file a complaint with the DOJ, call 1-800-514-0301 (TTY 1-800-514-0383), or visit ada.gov/enforce.htm#anchor218282 to download forms and instructions.

If you file a private suit against a business, the business may be ordered to change its policies to allow access. The business will not be ordered to pay compensatory or punitive damages, but may be required to pay your attorney fees. 

Another federal statute, Section 504 of the Rehabilitation Act (RA), applies ADA requirements to public accommodations that receive federal funds. If you successfully pursue a private suit under the RA instead of or in addition to the ADA, you may be awarded compensatory damages. 

You may also file an administrative complaint against these federally funded accommodations by contacting the Office of Civil Rights of the appropriate funding agency. For information, you can contact the DOJ at 800-514-0301 (voice) or (TTY) 800-514-0383.

State statutes guaranteeing public access to dog guide users might be either civil or criminal laws. Civil laws may provide greater protection than the ADA and might impose harsher penalties, allowing a court to award compensatory or punitive damages that cannot be awarded under the ADA. You can file a state law claim and an ADA claim at the same time.

The police do not have authority to enforce a state civil statute. They can remind a business owner of legal responsibilities, but the person who has experienced discrimination must initiate any legal action.

In contrast, some states have laws that make it a crime to deny access to a person who uses a service animal. If your state has such a law, the police will be able to press charges if you are denied access because of your dog guide. The state will prosecute the case. The defendant could be penalized with a fine, imprisonment, or both.

If you are not sure about the procedures for filing a complaint in your state, you can contact your state's Office of the Attorney General. You may be able to obtain assistance from your state's Protection and Advocacy (P&A) agency. Every state and U.S. territory has a P&A, a federally mandated agency that provides advocacy services and/or legal representation to people with disabilities who have experienced discrimination.

You can find the contact information for the P&A in your state on the web site of the National Disability Rights Network, www.ndrn.org, or by calling NDRN at (202) 408-9514. 

Clearly, there are a number of strategies you can pursue if you are denied access to a business or other public accommodation because of your dog guide. It is important to become familiar with the provisions of your state's statutes, since they may provide more protection than the ADA.