Title 20. Public Health and Welfare. Subtitle 2. Health and Safety (Chapters 6 to 44). Chapter 14. Disabled Persons. Subchapter 3. Rights Generally
§ 20-14-301 . Public policy
§ 20-14-302 . Unlawful activities; penalties
§ 20-14-303 . Rights and privileges
§ 20-14-304 . Right to be accompanied by service animal--Penalty and restitution for killing or injuring a service animal or search and rescue dog.
§ 20-14-305 . Housing
§ 20-14-306 . Motor vehicle operators; precautions generally
§ 20-14-307 . Signs for the disabled
§ 20-14-308 . Guide dog, signal dog and/or service dog access
§ 20-14-309. Website accessibility--Compliance
§ 20-14-310. Misrepresentation as a service animal--Civil penalty
§ 20-14-311. Organizations holding Section 14(c) certificate
Title 23. Public Utilities and Regulated Industries. Subtitle 1. Public Utilities and Carriers (Chapters 1 to 29). Chapter 13. Motor Carriers. Subchapter 7. Transportation Network Company Services Act
§ 23-13-717. No discrimination--Accessibility
West's Arkansas Code Annotated. Title 20. Public Health and Welfare. Subtitle 2. Health and Safety (Chapters 6 to 44). Chapter 14. Disabled Persons. Subchapter 10. Emotional Support Animals
§ 20-14-1001. Definitions
§ 20-14-1002. Written notice to buyer or recipient
§ 20-14-1003. Criteria required from healthcare provider for provision of documentation for emotional support dog
§ 20-14-1004. Violations--Civil Penalty
Title 20. Public Health and Welfare. Subtitle 2. Health and Safety (Chapters 6 to 44). Chapter 14. Disabled Persons. Subchapter 3. Rights Generally
(a) It is the policy of this state to accord individuals with visual, hearing, or other physical disabilities all rights and privileges of other persons with respect to the use of public streets, highways, sidewalks, public buildings, public facilities, public carriers, public housing accommodations, public amusement and resort areas, and other public areas to which the public is invited, subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter for individuals with visual, hearing, or other physical disabilities.
(b) It is further the policy of this state that individuals with visual, hearing, or other physical disabilities shall be employed in state service, in the service of political subdivisions of this 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 individuals with visual, hearing, or other physical disabilities, unless it is shown that the visual, hearing, or other physical disability of a person prevents the performance of the work involved.
Credits
Acts of 1973, Act 484, § 1; Acts of 1979, Act 574, § 1.
§ 20-14-302. Unlawful activities; penalties
Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with the admittance to or enjoyment of public facilities and housing accommodations by an individual with visual, hearing, or other physical disabilities or otherwise interferes with the rights of an individual with visual, hearing, or other physical disabilities shall be guilty of a misdemeanor.
Credits
Acts of 1973, Act 484, § 6; Acts of 1979, Act 574, § 1.
§ 20-14-303. Rights and privileges
(a) Individuals with visual, hearing, or other physical disabilities shall have the same rights and privileges as other persons to the full use and enjoyment of:
(1) The public streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places;
(2) All common carriers and other public conveyances or modes of transportation, whether by air, land, or water;
(3) All hotels, motels, lodging places, and housing accommodations;
(4) Other places of public accommodation, amusement, or resort; and
(5) All other places to which the general public is invited.
(b) The rights and privileges are subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter with respect to individuals with visual, hearing, or other physical disabilities.
Credits
Acts of 1973, Act 484, § 2; Acts of 1979, Act 574, § 1.
§ 20-14-304. Right to be accompanied by service animal--Penalty and restitution for killing or injuring a service animal or search and rescue dog.
(a) Every individual with visual, hearing, or other disabilities has the right to be accompanied by a service animal especially trained to do work or to perform tasks for the benefit of an individual with a disability in or upon any and all public ways, public places, and other public accommodations and housing accommodations prescribed in § 20-14-303 and to be accompanied by a service dog as defined in Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C § 12101 et seq., as it existed on January 1, 2017, and shall not be required to pay any extra fee or charge for the service animal.
(b) However, any individual with visual, hearing, or other physical disabilities accompanied by a service animal in any public way, public place, public accommodation, or housing accommodation shall be liable for any damage caused to the premises or facilities by the animal.
(c) As used in this section, “search and rescue dog” means any dog:
(1) In training for or trained for the purpose of search and rescue;
(2) Owned by an independent handler or a member of a search and rescue team; and
(3) Used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.
(d) Any person who without just cause purposely kills or injures any service animal described in this section or any search and rescue dog is guilty of a Class D felony.
(e) Any person who kills or injures any service animal described in this section or any search and rescue dog shall make restitution to the owner of the animal.
Credits
Acts of 1973, Act 484, § 3; Acts of 1979, Act 574, § 1; Acts of 1995, Act 266, § 1; Acts of 1999, Act 571, § 2, eff. July 30, 1999; Acts of 2017, Act 652, § 2, eff. Aug. 1, 2017.
(a) Individuals with visual, hearing, or other physical disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rental, lease, or compensation in this state subject only to the conditions and limitations established by law and applicable alike to other persons.
(b) The provisions of this section with respect to the rights of individuals with visual, hearing, or other physical disabilities to equal access to housing accommodations shall not be deemed to include any accommodations in a facility which is designed and used primarily as a single family residence and a portion of which is rented, leased, or furnished for compensation.
(c) Nothing in this section shall be deemed to require any person renting, leasing, or otherwise providing housing accommodations for compensation to modify his or her accommodations in any way or to provide a higher degree of care for an individual with visual, hearing, or other physical disabilities than for an individual without visual, hearing, or other physical disabilities.
Credits
Acts of 1973, Act 484, § 5; Acts of 1979, Act 574, § 1.
§ 20-14-306. Motor vehicle operators; precautions generally
The driver of a vehicle approaching a visually handicapped or hearing impaired person who is carrying a cane which is predominately white or metallic in color with or without a red tip or using a guide or hearing ear dog or the driver of a vehicle approaching an otherwise handicapped person shall take all reasonable precautions to avoid injury to the pedestrian with visual, hearing, or other physical disabilities.
Credits
Acts of 1973, Act 484, § 4; Acts of 1979, Act 574, § 1.
§ 20-14-307. Signs for the disabled
(a) State agencies which require any persons, agencies, boards, commissions, businesses, or other entities to display signs for individuals with disabilities shall require those persons, agencies, boards, commissions, businesses, or other entities to display only the blue and white international symbol of access.
(b) This section shall have no retroactive effect, applying only to signs installed subsequent to this section's taking effect.
(c) This section shall apply only if installation of a required sign can be achieved without creating a negative financial impact on any persons, agencies, boards, commissions, businesses, or other entities required to display signs for individuals with disabilities.
Credits
Acts of 2001, Act 992, § 1, eff. Aug. 13, 2001.
§ 20-14-308. Guide dog, signal dog and/or service dog access
(a) An individual with visual, hearing, or other physical disabilities and his or her guide, signal, or service dog or a dog trainer in the act of training a guide, signal, or service dog shall not be denied admittance to or refused access to the following because of the dog:
(1) Any street or highway;
(2) Any sidewalk or walkway;
(3) Any common carrier, airplane, motor vehicle, railroad train, bus, streetcar, boat, or any other public conveyance or mode of transportation;
(4) Any hotel, motel, or other place of lodging;
(5) Any public building maintained by any unit or subdivision of government;
(6) Any building to which the general public is invited;
(7) Any educational facility or college dormitory;
(8) Any restaurant or other place where food is offered for sale to the public; or
(9) Any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Arkansas.
(b) The individual with visual, hearing, or other physical disabilities, or dog trainer in the act of training a guide, signal, or service dog shall not be required to pay any additional charges for his or her guide, signal, or service dog but shall be liable for any damage done to the premises by the dog.
Credits
Acts of 2003, Act 1107, § 1, eff. July 16, 2003.
§ 20-14-309. Website accessibility--Compliance
(a)(1) Before filing a civil action or petition for injunctive relief based on a claim that an entity's website does not conform with applicable law, codes, guidelines, or standards regulating the functionality of an entity's website to accommodate a person with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the aggrieved party shall notify the entity in writing of the aggrieved party's allegation that the website does not comply with applicable law, codes, guidelines, or standards regulating the functionality of an organization's website to accommodate persons with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the specific violations that the aggrieved party asserts.
(2) The specific violations alleged in the written notice under subdivision (a)(1) of this section shall include without limitation the alleged violation, alleged harm, and date of alleged harm.
(3) The notice shall be sent by certified mail with return receipt requested at least one hundred twenty (120) days before the filing of a petition for injunctive relief.
(4) The lack of the written notice under or compliance with this subsection may be used as a basis for dismissal by a court and may be used by a court as a mitigating factor in any remedy ordered by the court.
(b)(1) An entity that corrects the website that is allegedly in violation as described in the written notice under subsection (a) of this section within one hundred twenty (120) days of receipt of the written notice under subsection (a) of this section may use that fact as an affirmative defense to a civil action or petition for injunctive relief.
(2) The affirmative defense under subdivision (b)(1) of this section shall be proven by a preponderance of the evidence and may not be rebutted.
(3) A defendant in a civil action or petition for injunctive relief that prevails in that action due to the raising and successful proving of the affirmative defense under subdivision (b)(1) of this section shall be entitled to all reasonable costs of litigation, including attorney's fees.
Credits
Acts of 2017, Act 784, § 1, eff. Aug. 1, 2017.
§ 20-14-310. Misrepresentation as a service animal--Civil penalty
(a) An individual shall not misrepresent an animal to be a service animal or service animal-in-training to a person or entity that operates a public accommodation.
(b) An individual who violates subsection (a) of this section may be subject to a civil penalty not to exceed two hundred fifty dollars ($250) for each violation.
Credits
Acts of 2019, Act 1002, § 1, eff. July 24, 2019.
§ 20-14-311. Organizations holding Section 14(c) certificate
(a) As used in this section, “Section 14(c) certificate” means a special certificate issued under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., as existing on January 1, 2023.
(b) As long as a Section 14(c) certificate is issued by the United States Department of Labor, an organization that holds a Section 14(c) certificate is recognized as legal to employ individuals with disabilities and is protected by this state.
Credits
Acts of 2023, Act 339, § 2, eff. Aug. 1, 2023.
Title 23. Public Utilities and Regulated Industries. Subtitle 1. Public Utilities and Carriers (Chapters 1 to 29). Chapter 13. Motor Carriers. Subchapter 7. Transportation Network Company Services Act
§ 23-13-717. No discrimination--Accessibility
(a) A transportation network company shall adopt a policy of nondiscrimination with respect to passengers and potential passengers and notify transportation network company drivers of its policy.
(b) Transportation network company drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers.
(c) Transportation network company drivers shall comply with all applicable laws to accommodate service animals.
(d) A transportation network company shall not impose additional charges for providing services to a person with a physical disability because of the disability.
(e)(1) A transportation network company shall provide a passenger an opportunity to indicate whether he or she requires a wheelchair-accessible motor vehicle.
(2) If a transportation network company cannot arrange wheelchair-accessible transportation network company service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.
Credits
Acts of 2015, Act 1050, § 1, eff. July 22, 2015.
West's Arkansas Code Annotated. Title 20. Public Health and Welfare. Subtitle 2. Health and Safety (Chapters 6 to 44). Chapter 14. Disabled Persons. Subchapter 10. Emotional Support Animals
As used in this subchapter:
(1) “Emotional support animal” means an animal that:
(A) Provides emotional, cognitive, or other similar support to an individual with a disability; and
(B) Does not need to be trained or certified;
(2) “Emotional support dog” means a dog that:
(A) Provides emotional, cognitive, or other similar support to an individual with a disability; and
(B) Does not need to be trained or certified;
(3) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and
(4) “Service animal” means an animal as defined in 28 C.F.R. 36.104, as it existed on January 1, 2023.
Credits
Acts of 2023, Act 268, § 1, eff. Aug. 1, 2023.
§ 20-14-1002. Written notice to buyer or recipient
(a) A person or business that sells or provides a dog for use as an emotional support dog shall provide a written notice to the buyer or recipient of the dog that states the following:
(1) The dog does not have the special training required to qualify as a service animal;
(2) The dog is not entitled to the rights and privileges accorded by law to a service animal; and
(3) Misrepresenting an animal as a service animal may subject an individual to a civil penalty under § 20-14-310.
(b) A person or business that sells or provides a certificate, identification, tag, vest, leash, or harness for an emotional support animal shall provide a written notice to the buyer or recipient that states the following:
(1) The item does not entitle an emotional support animal to the rights and privileges accorded by law to a service dog; and
(2) Misrepresenting an animal as a service animal may subject an individual to a civil penalty under § 20-14-310.
(c) The written notices described in subsections (a) and (b) of this section shall be:
(1) Made in bold and at least 12-point type; and
(2) Provided on:
(A) The receipt for the emotional support dog;
(B) The product described in subsection (b) of this section; or
(C) A separate piece of paper.
Credits
Acts of 2023, Act 268, § 1, eff. Aug. 1, 2023.
§ 20-14-1003. Criteria required from healthcare provider for provision of documentation for emotional support dog
(a) A healthcare provider shall not provide documentation relating to an individual's need for an emotional support dog unless the healthcare provider:
(1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license he or she possesses in the documentation required under this subsection;
(2) Is licensed to provide professional services within the scope of his or her license in the jurisdiction in which the documentation required under this subsection is provided;
(3)(A) Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog.
(B)(i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless.
(ii) Homeless status may be verified by any of the following:
(a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3, as it existed on January 1, 2023;
(b) A Continuum of Care, as defined in 24 C.F.R. § 578.3, as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or
(c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;
(4) Completes a clinical evaluation of the individual at least one (1) time each year regarding the need for an emotional support dog;
(5) Provides a verbal or written notice to the individual that misrepresenting an animal as a service animal may subject the individual to a civil penalty under § 20-14-310; and
(6) Reviews the need for an emotional support dog to renew the documentation on a yearly basis.
(b) A healthcare provider may be subject to discipline from the healthcare provider's licensing board for a violation of this section.
Credits
Acts of 2023, Act 268, § 1, eff. Aug. 1, 2023.
§ 20-14-1004. Violations--Civil Penalty
(a)(1) A violation of the following shall be subject to a civil penalty:
(A) Knowingly and fraudulently representing, selling, or offering for sale, or attempting to represent, sell, or offer for sale, an emotional support dog as being entitled to the rights and privileges accorded by law to a service animal; or
(B) Violating the written notice requirements under § 20-14-1002.
(2) An action for civil penalties under this section may be brought by the:
(A) Attorney General;
(B) Prosecuting attorney of the county in which a violation of this subchapter occurs;
(C) County attorney of the county in which a violation of this subchapter occurs; or
(D) City attorney of the city in which a violation of this subchapter occurs.
(b) The following civil penalties shall apply for a violation of subsection (a) of this section:
(1) Five hundred dollars ($500) for the first violation;
(2) One thousand dollars ($1,000) for the second violation; and
(3) Two thousand five hundred dollars ($2,500) for the third and any subsequent violations.
(c) This section shall not restrict or change existing federal law or state law related to a person's rights for reasonable accommodation and equal access to housing.
Credits
Acts of 2023, Act 268, § 1, eff. Aug. 1, 2023.