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Minnesota

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: MN ST 169.202; 343.20; 343.21; 363A.09; 363A.19; 256C.001 - 256C.06 ; 609.226

Citation: M. S. A. 169.202; 343.20; 343.21; 363A.09; 363A.19; 256C.001 - 256C.06; 609.226


Last Checked by Web Center Staff: 01/2013

Summary:  

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



Statute in Full:

Minnesota Statutes Annotated. Police Regulations (Ch. 340-348). Chapter 343. Prevention of Cruelty to Animals. Cruelty to Animals

MN ST 343.20. Definitions (definition of "service animal (subd. 7))

MN ST 343.21. Overworking or mistreating animals; penalty (Subd. 8a. - Harming a service animal)

Minnesota Statutes Annotated. Crimes, Criminals (Ch. 609-624). Chapter 609. Criminal Code. Crimes Against the Person

609.226. Harm caused by dog

Minnesota Statutes Annotated. Transportation (Ch. 160-174A). Chapter 169. Traffic Regulations. Pedestrians.

169.202. Blind person carrying white cane

Minnesota Statutes Annotated. Human Rights (Ch. 363, 363A). Chapter 363A. Minnesota Human Rights Act. Unfair Discriminatory Practices.

363A.09. Unfair discriminatory practices relating to real property

Minnesota Statutes Annotated. Human Rights (Ch. 363, 363A). Chapter 363A. Minnesota Human Rights Act. Unfair Discriminatory Practices.

363A.19. Discrimination against blind, deaf, or other persons with physical or sensory disabilities prohibited

Minnesota Statutes Annotated. Public Welfare and Related Activities (Ch. 245-267). Chapter 256C. Disabled Persons.

15.001. Application of Laws 2005, Chapter 56, terminology changes. (Formerly 256C.001)

256C.01. Position of the state with regard to the blind and disabled

256C.02. Public accommodations

256C.025. Housing accommodations

256C.03. Blind or deaf pedestrians; civil liability

256C.04. Proclamation by governor

256C.05. Criminal penalty

256C.06. Citation

 

 

Minnesota Statutes Annotated. Transportation (Ch. 160-174A). Chapter 169. Traffic Regulations. Pedestrians.

169.202. Blind person carrying white cane

Subdivision 1. Limitation on carrying. It shall be unlawful for any person to carry a white painted cane unless said person is a blind person.

Subd. 2. Blind pedestrian has right-of-way. Any person operating a motor vehicle in this state shall bring such motor vehicle to a stop and give the right-of-way at any intersection of any street, avenue, alley or other public highway to a blind pedestrian who is carrying a cane predominantly white or metallic in color, with or without red tip, or using a guide dog, when such blind person enters said intersection.

Subd. 3. Repealed by Laws 1971, Ex.Sess., c. 27, § 49, eff. Aug. 4, 1971.

CREDIT(S)

Amended by Laws 1971, c. 70, § 2, eff. March 30, 1971.

 

Minnesota Statutes Annotated. Human Rights (Ch. 363, 363A). Chapter 363A. Minnesota Human Rights Act. Unfair Discriminatory Practices.

363A.09. Unfair discriminatory practices relating to real property

Subdivision 1. Real property interest; action by owner, lessee, and others. It is an unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these:

(a) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of persons any real property because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; or

(b) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection therewith, except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or

(c) in any transaction involving real property, to print, circulate or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of real property, or make any record or inquiry in connection with the prospective purchase, rental, or lease of real property which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status, or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.

Subd. 2. Real property interest; action by brokers, agents, and others. It is an unfair discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent thereof:

(a) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property to any person or group of persons or to negotiate for the sale, rental, or lease of any real property to any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status or represent that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; or

(b) to discriminate against any person because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith; or

(c) to print, circulate, or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental, or lease of any real property or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.

Subd. 3. Real property interest; action by financial institution. It is an unfair discriminatory practice for a person, bank, banking organization, mortgage company, insurance company, or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof:

(a) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status of the person or group of persons or of the prospective occupants or tenants of the real property in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions, or privileges of the financial assistance or in the extension of services in connection therewith; or

(b) to use any form of application for the financial assistance or make any record or inquiry in connection with applications for the financial assistance which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination; or

(c) to discriminate against any person or group of persons who desire to purchase, lease, acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural area or any part thereof solely because of the social, economic, or environmental conditions of the area in the granting, withholding, extending, modifying, or renewing, or in the rates, terms, conditions, or privileges of the financial assistance or in the extension of services in connection therewith.

Subd. 4. Real property transaction. It is an unfair discriminatory practice for any real estate broker or real estate salesperson, for the purpose of inducing a real property transaction from which the person, the person's firm, or any of its members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, sex, marital status, status with regard to public assistance, sexual orientation, or disability of the owners or occupants in the block, neighborhood, or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood, or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other public facilities.

Subd. 5. Real property full and equal access. It is an unfair discriminatory practice for a person to deny full and equal access to real property provided for in sections 363A.08 to 363A.19, and 363A.28, subdivision 10, to a person who is totally or partially blind, deaf, or has a physical or sensory disability and who uses a service animal, if the service animal can be properly identified as being from a recognized program which trains service animals to aid persons who are totally or partially blind or deaf or have physical or sensory disabilities. The person may not be required to pay extra compensation for the service animal but is liable for damage done to the premises by the service animal.

Subd. 6. Real property interest; interference with. It is an unfair discriminatory practice for a person to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged a third person in the exercise or enjoyment of, any right granted or protected by this section.

HISTORICAL AND STATUTORY NOTES

2004 Main Volume

Derivation:
St.2002, § 363.03, subd. 2.
Laws 2001, c. 194, § 2.
Laws 2001, c. 186, § 1.
Laws 1997, c. 171, § 1.
Laws 1995, c. 212, art. 2, § 10.
Laws 1994, c. 630, art. 12, § 1.
Laws 1993, c. 277, §§ 5 to 7.
Laws 1993, c. 22, §§ 8 to 15.
Laws 1992, c. 527, §§ 12 to 16.
Laws 1990, c. 567, §§ 3 to 6.
Laws 1989, c. 280, §§ 9 to 14, 21.
Laws 1988, c. 660, § 4.
Laws 1987, c. 245, § 1.
Laws 1987, c. 141, § 2.
Laws 1987, c. 129, § 3.
Laws 1987, c. 23, § 3.
Laws 1986, c. 444.
Laws 1985, c. 248, § 70.
Laws 1984, c. 533, §§ 2, 3.
Laws 1983, c. 276, §§ 7 to 10.
Laws 1983, c. 216, art. 1, § 59.
Laws 1982, c. 517, § 8.
Laws 1981, c. 330, § 1.
Laws 1980, c. 540, §§ 1, 2.
Laws 1980, c. 531, § 4.
Laws 1977, c. 408, § 3.
Laws 1977, c. 351, §§ 5 to 7.
Laws 1975, c. 206, §§ 2 to 5.
Laws 1974, c. 354, § 1.
Laws 1973, c. 729, §§ 3, 16.
Laws 1973, c. 296, § 1.
Laws 1969, c. 975, §§ 3 to 5.
Laws 1969, c. 9, § 80.
Laws 1967, c. 897, §§ 12 to 16.
Laws 1965, c. 586, § 1.
Laws 1965, c. 585, § 2.
Laws 1961, c. 428, § 5.
Laws 1955, c. 516, § 5.

 

Minnesota Statutes Annotated. Human Rights (Ch. 363, 363A). Chapter 363A. Minnesota Human Rights Act. Unfair Discriminatory Practices.

363A.19. Discrimination against blind, deaf, or other persons with physical or sensory disabilities prohibited

(a) It is an unfair discriminatory practice for an owner, operator, or manager of a hotel, restaurant, public conveyance, or other public place to prohibit a blind or deaf person or a person with a physical or sensory disability from taking a service animal into the public place or conveyance if the service animal can be properly identified as being from a recognized program which trains service animals to aid blind or deaf persons or persons with physical or sensory disabilities, and if the animal is properly harnessed or leashed so that the blind or deaf person or a person with a physical or sensory disability may maintain control of the animal.

(b) No person shall require a blind, physically disabled, or deaf person to make an extra payment or pay an additional charge when taking a service animal into any of the public places referred to in paragraph (a).

CREDIT(S)

Amended by Laws 2005, c. 56, § 1.

 

Minnesota Statutes Annotated Currentness. Public Welfare and Related Activities (Ch. 245-267). Chapter 256C. Disabled Persons. Blind Persons.

15.001. Application of Laws 2005, Chapter 56, terminology changes (256C.001. Renumbered 15.001 in St.2008)

State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section 1, when printed material and signage are replaced and new printed material and signage are obtained. State agencies do not have to replace existing printed material and signage to comply with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005, chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.

CREDIT(S)

Laws 2005, c. 56, § 3.

 

256C.01. Position of the state with regard to the blind and disabled

The state of Minnesota shall encourage and enable the blind, the visually disabled, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment. The blind, the visually disabled, and the otherwise physically disabled shall be employed by the state, its political subdivisions, 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)

Laws 1969, c. 900, § 1, eff. June 4, 1969. Amended by Laws 1971, c. 70, § 3, eff. March 30, 1971; Laws 2005, c. 56, § 1.

 

256C.02. Public accommodations

The blind, the visually disabled, 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; and are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, 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.

Every totally or partially blind, physically disabled, or deaf person or any person training a dog to be a service dog shall have the right to be accompanied by a service dog in any of the places listed in section 363A.19. The person shall be liable for any damage done to the premises or facilities by such dog. The service dog must be capable of being properly identified as from a recognized school for seeing eye, hearing ear, service, or guide dogs.

CREDIT(S)

Laws 1969, c. 900, § 2, eff. June 4, 1969. Amended by Laws 1977, c. 247, § 1, eff. May 26, 1977; Laws 1984, c. 655, art. 1, § 42; Laws 1986, c. 444; Laws 1987, c. 141, § 1; Laws 1989, c. 108, § 1; Laws 2005, c. 56, § 1.

 

256C.025. Housing accommodations

Subdivision 1. Full and equal access. Blind persons, visually disabled persons, and other physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation, subject to the conditions and limitations established by law and applicable alike to all persons.

Subd. 2. Definition. "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 single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

Subd. 3. Limitation on property provision. Nothing in this section shall require any person renting, leasing, or providing for compensation real property to modify the property in any way or provide a higher degree of care for a blind person, visually disabled person, or other physically disabled person than for a person who is not physically disabled.

Subd. 4. Service dog. Every totally or partially blind, physically disabled, or deaf person who has a service dog, or who obtains a service dog, shall be entitled to full and equal access to all housing accommodations provided for in this section, and shall not be required to pay extra compensation for such service dog but shall be liable for any damage done to the premises by such service dog.

CREDIT(S)

Laws 1971, c. 70, § 1, eff. March 30, 1971. Amended by Laws 1977, c. 247, § 2, eff. May 26, 1977; Laws 1986, c. 444; Laws 1988, c. 637, § 1; Laws 2005, c. 56, § 1.

 

256C.03. Blind or deaf pedestrians; civil liability

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 service dog, or totally or partially deaf person with a service dog identified with a burnt orange collar or leash, shall bring such vehicle to a stop and give the right-of-way at any intersection of any street, avenue, alley, or other public highway to such blind or deaf pedestrian.

CREDIT(S)

Laws 1969, c. 900, § 3, eff. June 4, 1969. Amended by Laws 1971, c. 70, § 4, eff. March 30, 1971; Laws 1977, c. 247, § 3, eff. May 26, 1977; Laws 1988, c. 637, § 2.

 

256C.04. Proclamation by governor

Each year, the governor may take suitable public notice of October 15 as white cane safety day and may issue a proclamation in which the governor:

(1) comments upon the significance of the white cane,

(2) 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) 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) 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)

Laws 1969, c. 900, § 4, eff. June 4, 1969. Amended by Laws 1986, c. 444.

 

256C.05. Criminal penalty

Any person, or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated in section 256C.02 or housing accommodations contrary to section 256C.025, or otherwise interferes with the rights of a totally or partially blind or otherwise disabled person under section 256C.02 shall be guilty of a misdemeanor.

CREDIT(S)

Laws 1969, c. 900, § 5, eff. June 4, 1969. Amended by Laws 1971, c. 70, § 5, eff. March 30, 1971.

 

256C.06. Citation

Sections 256C.01 to 256C.06 shall be known and may be cited the "Minnesota White Cane Law."

CREDIT(S)

Laws 1969, c. 900, § 6, eff. June 4, 1969. Amended by Laws 1971, c. 70, § 6, eff. March 30, 1971.

 

Minnesota Statutes Annotated. Crimes, Criminals (Ch. 609-624). Chapter 609. Criminal Code. Crimes Against the Person

609.226. Harm caused by dog

Subdivision 1. Great or substantial bodily harm. A person who causes great or substantial bodily harm to another by negligently or intentionally permitting any dog to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined is guilty of a misdemeanor. A person who is convicted of a second or subsequent violation of this section involving the same dog is guilty of a gross misdemeanor.

Subd. 2. Dangerous dogs. If the owner of a dangerous dog, as defined under section 347.50, subdivision 2, has been convicted of a misdemeanor under section 347.55, and the same dog causes bodily injury to a person other than the owner, the owner is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Subd. 3. Defense. If proven by a preponderance of the evidence, it shall be an affirmative defense to liability under subdivision 1 or 2 that the victim provoked the dog to cause the victim's bodily harm.

Subd. 4. Harm to service animal caused by dog; crime, mandatory restitution. (a) As used in this subdivision, “service animal” means an animal individually trained or being trained to do work or perform tasks for the benefit of an individual with a disability.

(b) A person who negligently or intentionally (1) permits the person's dog to run uncontrolled off the person's premises, or (2) fails to keep the person's dog properly confined or controlled; and as a result the dog causes bodily harm to a service animal or otherwise renders a service animal unable to perform its duties, is guilty of a misdemeanor.

(c) The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.

(d) This subdivision does not preclude a person from seeking any available civil remedies for an act that violates this subdivision.

CREDIT(S)

Laws 1985, c. 294, § 7, eff. Aug. 1, 1985. Amended by Laws 1988, c. 711, § 8, eff. Aug. 1, 1988; Laws 1989, c. 37, § 13, eff. Aug. 1, 1989; Laws 2004, c. 159, §§ 1, 2.

 



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