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Alabama

Code of Alabama. Title 21. Handicapped Persons. Chapter 7. Rights of Blind and Otherwise Physically Disabled Persons. Title 3. Animals. Chapter 1. General Provisions Title 32. Motor Vehicles and Traffic. Chapter 5A. Rules of the Road. Article 10. Pedestrians' Rights and Duties.

Statute Details
Printable Version
Citation: AL ST 21-7-1 - 9; 3-1-7; 32-5A-220

Citation: Ala. Code 1975 21-7-1 - 9; 3-1-7; 32-5A-220


Last Checked by Web Center Staff: 10/2013

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

TITLE 21. HANDICAPPED PERSONS. CHAPTER 7. RIGHTS OF BLIND AND OTHERWISE PHYSICALLY DISABLED PERSONS.

§ 21-7-1. Declaration of policy.

§ 21-7-2. Right to full use of streets, sidewalks, public buildings, public facilities, etc.

§ 21-7-3. Right to use of public conveyances and transportation facilities, lodging places, places of public accommodation, etc.

§ 21-7-4. Right of person with a disability to be accompanied by service animal.

§ 21-7-5. Penalty for denial of or interference with enumerated rights.

§ 21-7-6. Duty of drivers to pedestrians carrying cane or accompanied by guide dog.

§ 21-7-7. Rights of blind persons not using cane or guide dog; failure to use cane or guide dog not evidence of contributory negligence.

§ 21-7-8. Employment by state, political subdivisions of state, public schools, etc.

§ 21-7-9. Right to housing accommodations.

§ 21-7-10. Annual proclamation of White Cane Safety Day.

TITLE 3. ANIMALS. CHAPTER 1. GENERAL PROVISIONS.

§ 3-1-7. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc.

TITLE 32. MOTOR VEHICLES AND TRAFFIC. CHAPTER 5A. RULES OF THE ROAD. ARTICLE 10. PEDESTRIAN'S RIGHTS AND DUTIES.

§ 32-5A-220. Right-of-way to blind persons, guide dogs in training.

 

 

TITLE 21. HANDICAPPED PERSONS. CHAPTER 7. RIGHTS OF BLIND AND OTHERWISE PHYSICALLY DISABLED PERSONS.

§ 21-7-1. Declaration of policy.

It is the policy of this state to encourage and enable the blind, the visually handicapped and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment.

CREDIT(S)

(Acts 1975, No. 869, p. 1711, § 1.)

 

§ 21-7-2. Right to full use of streets, sidewalks, public buildings, public facilities, etc.

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

CREDIT(S)

(Acts 1975, No. 869, p. 1711, § 2.)

 

§ 21-7-3. Right to use of public conveyances and transportation facilities, lodging places, places of public accommodation, etc.

The blind, the visually handicapped and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

CREDIT(S)

(Acts 1975, No. 869, p. 1711, § 2.)

 

§ 21-7-4. Right of person with a disability to be accompanied by service animal.

(a) For the purposes of this section, the term service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.

(b) Every person with a disability, including a person who is totally or partially blind, hearing-impaired, or diagnosed on the autism spectrum shall have the right to be accompanied by a service animal in any public place, including a public or private school, and any of the places listed in Section 21-7-3. The person may not be required to pay an extra charge for the service animal.

(c) The work or tasks performed by a service animal must be directly related to the handler's disability.

(d) A person training a service animal shall be entitled to the same privileges granted to a person with a disability pursuant to subsection (b).

(e) In the case of a disabled child, including a child diagnosed on the autism spectrum, any aide assigned to assist the child shall be trained with the service animal in basic commands in order to assist the child as a team.

(f) This section does not relieve a person accompanied by a service animal from liability for any damages done to the premises or facilities by the service animal.

CREDIT(S)

(Acts 1975, No. 869, p. 1711, § 2; Acts 1982, No. 82-527, p. 877, § 1; Act 99-698, 2nd Sp. Sess., p. 298, § 1; Act 2001-344, p. 446, § 1; Act 2011-578, § 1.)

HISTORY

Amendment notes:

The 1999 amendment, effective March 1, 2000, inserted “and every person employed by an accredited school for training guide dogs”, substituted “dog however, the” for “guide or hearing dog; provided, that such”, and substituted “the dog” for “such dog”.

The 2001 amendment, effective May 1, 2001, inserted “shall have the right to be accompanied by a guide dog in training”.

The 2011 amendment, effective September 1, 2011, rewrote this section.

 

§ 21-7-5. Penalty for denial of or interference with enumerated rights.

Any person, firm or corporation, or the agent of any person, firm or corporation, who denies or interferes with admittance to or enjoyment of the public facilities enumerated in Sections 21-7-2 and 21-7-3 or otherwise interferes with the rights of a totally or partially blind or otherwise disabled person under Sections 21-7-2 through 21-7-4 shall be guilty of a misdemeanor.

(Acts 1975, No. 869, p. 1711, § 4.)

 

§ 21-7-6. Duty of drivers to pedestrians carrying cane or accompanied by guide dog.

The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog, or a person employed by an accredited school for training guide dogs who provides notice through a sign or other method that he or she is training a dog as a guide dog shall take all necessary precautions prescribed by law to avoid injury to the blind pedestrian, and the dog trainer. Any driver who fails to take all necessary precautions shall be liable in damages for any injury caused the pedestrian, or the guide dog trainer.

(Acts 1975, No. 869, p. 1711, § 3; Act 99-698, 2nd Sp. Sess., p. 298, § 1.)

 

§ 21-7-7. Rights of blind persons not using cane or guide dog; failure to use cane or guide dog not evidence of contributory negligence.

A totally or partially blind pedestrian not carrying a cane as described in Section 21-7-6 or any totally or partially blind person not using a guide dog in any of the places, accommodations or conveyances listed in Sections 21-7-2 and 21-7-3 shall have all of the rights and privileges conferred by law upon other persons, and the failure of a totally or partially blind pedestrian to carry such a cane or of a totally or partially blind person to use a guide dog in any such places, accommodations or conveyances shall not be held to constitute nor be evidence of contributory negligence.

CREDIT(S)

(Acts 1975, No. 869, p. 1711, § 3.)

 

§ 21-7-8. Employment by state, political subdivisions of state, public schools, etc.

It is the policy of this state that the blind, the visually handicapped and the otherwise physically disabled shall be employed in the state service, the service of the political subdivisions of the state, in the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.

CREDIT(S)

(Acts 1975, No. 869, p. 1711, § 6.)


 

§ 21-7-9. Right to housing accommodations.

(a) Blind persons, visually handicapped persons and other physically disabled persons shall be entitled to full and equal access, as are other members of the general public, to all housing accommodations offered for rent, lease or compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.

(b) "Housing accommodations" means any real property or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more human beings, but shall not include any accommodations included within subsection (a) of this section or any single-family residence, the occupants of which rent, lease or furnish for compensation not more than one room therein.

(c) Nothing in this section shall require any person renting, leasing or providing for compensation real property to modify his property in any way or provide a higher degree of care for a blind person, visually handicapped person or other physically disabled person than for a person who is not physically disabled.

(d) Every totally or partially blind person who has a guide dog or who obtains a guide dog shall be entitled to full and equal access to all housing accommodations provided for in this section, and he shall not be required to pay extra compensation for such guide dog, but shall be liable for any damage done to the premises by such guide dog.

(Acts 1975, No. 869, p. 1711, § 7.)

 

§ 21-7-10. Annual proclamation of White Cane Safety Day.

Each year, the Governor shall take suitable public notice of October 15 as White Cane Safety Day. He shall issue a proclamation in which:

(1) He comments upon the significance of the white cane;

(2) He calls upon the citizens of the state to observe the provisions of the White Cane Law and to take precautions necessary to the safety of the disabled;

(3) He reminds the citizens of the state of the policies with respect to the disabled herein declared and urges the citizens to cooperate in giving effect to them; and

(4) He emphasizes the need of the citizens to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.

CREDIT(S)

(Acts 1975, No. 869, p. 1711, § 5.)

 

TITLE 3. ANIMALS. CHAPTER 1. GENERAL PROVISIONS.

§ 3-1-7. Refusal to permit guide dog to accompany blind person into place of public accommodation, etc.

No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion-picture house, public educational institution, or elevator shall refuse to permit a guide dog to accompany a blind person entering the place or making use of the accommodations available when the blind person is being led by the guide dog; if the guide dog is wearing a harness; and the blind person presents for inspection credentials issued by an accredited school for training guide dogs or the dog is being trained by a person employed by an accredited school for training guide dogs. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction shall be fined an amount not to exceed fifty dollars ($50).

(Acts 1967, No. 518, p. 1242; Act 99-698, 2nd Sp. Sess., p. 207, § 1.)

 

TITLE 32. MOTOR VEHICLES AND TRAFFIC. CHAPTER 5A. RULES OF THE ROAD. ARTICLE 10. PEDESTRIAN'S RIGHTS AND DUTIES.

§ 32-5A-220. Right-of-way to blind persons, guide dogs in training.

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 any person employed by an accredited school for training guide dogs who provides notice through a sign or other method that he or she is training the dog accompanying him or her as a guide dog for the blind.

(Acts 1980, No. 80-434, p. 604, § 5-111; Act 99-698, 2nd Sp. Sess., p. 207, § 1.)

 



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