Iowa Code Annotated. Title VI. Human Services [chs. 216-255A]. Subtitle 1. Social Justice and Human Rights [Chs. 216-216E]. Chapter 216C. Rights of Persons Who Are Blind or Partially Blind and Persons with Physical Disabilities.
216C.1. Participation by persons with disabilities
216C.1A. Definitions
216C.2. Public employment
216C.3. Free use of public facilities
216C.4. Accommodations
216C.5 . Use of guide dogs
216C.6. Failure to use cane or dog not negligence
216C.7 . Penalty for denying rights
216C.8. White cane safety day
216C.9. Curb cutouts and ramps for persons with disabilities
216C.10. Use of hearing dog
216C.11. Service animals and service-animals-in-training--penalty.
216C.12. Immunity from liability for injury or damage caused by service animals and service-animals-in-training
Iowa Code Annotated. Title VI. Human Services [Chs. 216-255a]. Subtitle 1. Social Justice and Human Rights [Chs. 216-216e]. Chapter 216. Civil Rights Commission.
216.8B. Assistance animals and service animals in housing--penalty
216.8C. Finding of disability and need for an assistance animal or service animal in housing
Title VIII. Transportation [chs. 306-330B]. Subtitle 2. Vehicles [Chs. 321-323A]. Chapter 321. Motor Vehicles and Law of the Road. Pedestrians' Rights and Duties
321.333. Duty of drivers
Chapter 216C. Rights of Persons Who Are Blind or Partially Blind and Persons with Physical Disabilities.
216C.1. Participation by persons with disabilities
1. It is the policy of this state to encourage and enable persons who are blind or partially blind and persons with disabilities to participate fully in the social and economic life of the state and to engage in remunerative employment.
2. To encourage participation by persons with disabilities, it is the policy of this state to ensure compliance with federal requirements concerning persons with disabilities.
CREDIT(S)
Transferred from § 601D.1 by the Code Editor for Code 1993. Amended by Acts 1993 (75 G.A.) ch. 95, § 6; Acts 1996 (76 G.A.) ch. 1129, § 32; Acts 2010 (83 G.A.) ch. 1079, S.F. 2202, § 3.
For purposes of this chapter, unless the context otherwise requires:
1. “Disability” means the physical or mental condition of a person which constitutes a substantial disability, and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune deficiency syndrome-related complex, or any other condition related to acquired immune deficiency syndrome. The inclusion of a condition related to a positive human immunodeficiency virus test result in the meaning of “disability” under the provisions of this chapter does not preclude the application of the provisions of this chapter to conditions resulting from other contagious or infectious diseases.
2. “Service animal” means a dog or miniature horse as set forth in the implementing regulations of Tit. II and Tit. III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
3. “Service-animal-in-training” means a dog or miniature horse that is undergoing a course of development and training to do work or perform tasks for the benefit of an individual that directly relate to the disability of the individual.
Credits
Added by Acts 2019 (88 G.A.) ch. 65, S.F. 341, § 4, eff. July 1, 2019.
Persons who are blind or partially blind and persons with disabilities shall be employed in the state service, the service of the political subdivisions of the state, the public schools, and all other employment supported in whole or in part by public funds, on the same terms and conditions as other persons, unless it is shown that the particular disability prevents the performance of the work required.
CREDIT(S)
Transferred from § 601D.2 by the Code Editor for Code 1993. Amended by Acts 1996 (76 G.A.) ch. 1129, § 33; Acts 2010 (83 G.A.) ch. 1079, S.F. 2202, § 4.
216C.3. Free use of public facilities
Persons who are blind or partially blind and persons with disabilities have the same right as other persons to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public elevators, public facilities, and other public places.
CREDIT(S)
Transferred from § 601D.3 by the Code Editor for Code 1993. Amended by Acts 1996 (76 G.A.) ch. 1129, § 34; Acts 2010 (83 G.A.) ch. 1079, S.F. 2202, § 5.
Persons who are blind or partially blind and persons with disabilities are entitled to full and equal accommodations, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motorbuses, streetcars, boats, other public conveyances or modes of transportation, hotels, lodging places, eating 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)
Transferred from § 601D.4 by the Code Editor for Code 1993. Amended by Acts 1996 (76 G.A.) ch. 1129, § 35; Acts 2010 (83 G.A.) ch. 1079, S.F. 2202, § 6.
Every blind or partially blind person shall have the right to be accompanied by a guide dog, under control and especially trained for the purpose, in any of the places listed in sections 216C.3 and 216C.4 without being required to make additional payment for the guide dog. A landlord shall waive lease restrictions on the keeping of a guide dog for a blind person. The blind person is liable for damage done to the premises or facilities by a guide dog.
CREDIT(S)
Transferred from § 601D.6 by the Code Editor for Code 1993.
216C.6. Failure to use cane or dog not negligence
A blind or partially blind pedestrian not carrying a cane or using a guide dog in any place shall have all of the rights and privileges conferred by law upon other persons, and the failure of a blind or partially blind pedestrian to carry a cane or to use a guide dog in any place shall not be held to constitute or be evidence of contributory negligence.
CREDIT(S)
Transferred from § 601D.6 by the Code Editor for Code 1993.
216C.7. Penalty for denying rights
Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with the rights of any person under this chapter shall be guilty of a simple misdemeanor.
CREDIT(S)
Transferred from § 601D.7 by the Code Editor for Code 1993.
The governor shall annually take suitable public notice of October 15 as white cane safety day. The governor shall issue a proclamation commenting upon the significance of the white cane; calling upon the citizens to observe the provisions of this chapter and sections 321.332 and 321.333 and to take precautions necessary for the safety of persons with disabilities; reminding the citizens of the policies herein declared and urging the citizens to cooperate in giving effect to them; and emphasizing the need of the citizens to be aware of the presence of persons with disabilities in the community and to offer assistance to persons with disabilities upon appropriate occasions.
CREDIT(S)
Transferred from § 601D.8 by the Code Editor for Code 1993. Amended by Acts 1996 (76 G.A.) ch. 1129, § 36.
216C.9. Curb cutouts and ramps for persons with disabilities
1. If a street, road, or highway in this state is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the street, road, or highway with a sidewalk or path. If a sidewalk or path in this state is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the sidewalk or path with a street, highway, or road.
2. Curb ramps and sloped areas that are required pursuant to this section shall be constructed or installed in compliance with applicable federal requirements adopted in accordance with the federal Americans With Disabilities Act, including but not limited to the guidelines issued by the federal architectural and transportation barriers compliance board.
CREDIT(S)
Transferred from § 601D.9 by the Code Editor for Code 1993. Amended by Acts 1993 (75 G.A.) ch. 95, § 7; Acts 1996 (76 G.A.) ch. 1129, § 37; Acts 2010 (83 G.A.) ch. 1079, S.F. 2202, § 7; Acts 2010 (83 G.A.) ch. 1193, H.F. 2531, § 43.
1. A deaf or hard-of-hearing person has the right to be accompanied by a hearing dog, under control and especially trained to assist the deaf or hard-of-hearing by responding to sound, in any place listed in sections 216C.3 and 216C.4 without being required to make additional payment for the hearing dog. A landlord shall waive lease restrictions on the keeping of dogs for a deaf or hard-of-hearing person with a hearing dog. The deaf or hard-of-hearing person is liable for damage done to any premises or facility by a hearing dog.
2. A person who denies or interferes with the right of a deaf or hard-of-hearing person under this section is, upon conviction, guilty of a simple misdemeanor.
CREDIT(S)
Transferred from § 601D.10 by the Code Editor for Code 1993. Amended by Acts 1993 (75 G.A.) ch. 75, § 5; Acts 2010 (83 G.A.) ch. 1079, S.F. 2202, § 8.
216C.11. Service animals and service-animals-in-training--penalty.
1. A person with a disability, a person assisting a person with a disability by controlling a service animal or a service-animal-in-training, or a person training a service animal has the right to be accompanied by a service animal or service-animal-in-training, under control, in any of the places listed in sections 216C.3 and 216C.4 without being required to make additional payment for the service animal or service-animal-in-training. The person is liable for damage done to any premises or facility by a service animal or a service-animal-in-training.
2. A person who knowingly denies or interferes with the right of a person under this section is, upon conviction, guilty of a simple misdemeanor.
3. a. A person who intentionally misrepresents an animal as a service animal or a service-animal-in-training is, upon conviction, guilty of a simple misdemeanor.
b. A person commits the offense of intentional misrepresentation of an animal as a service animal or a service-animal-in-training if all of the following elements are established:
(1) For the purpose of obtaining any of the rights or privileges set forth in state or federal law, the person intentionally misrepresents an animal in one's possession as one's service animal or service-animal-in-training or a person with a disability's service animal or service-animal-in-training whom the person is assisting by controlling.
(2) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent an animal as a service animal or a service-animal-in-training.
(3) The person knows that the animal in question is not a service animal or a service-animal-in-training.
Credits
Transferred from § 601D.11 by the Code Editor for Code 1993. Amended by Acts 1996 (76 G.A.) ch. 1129, § 113; Acts 2009 (83 G.A.) ch. 163, H.F. 488, § 1; Acts 2010 (83 G.A.) ch. 1069, S.F. 2340, § 27; Acts 2010 (83 G.A.) ch. 1079, S.F. 2202, § 9; Acts 2019 (88 G.A.) ch. 65, S.F. 341, § 5, eff. July 1, 2019.
216C.12. Immunity from liability for injury or damage caused by service animals and service-animals-in-training
1. For purposes of this section, unless the context otherwise requires:
a. “Owner” means the owner of real property, a contract for deed vendee, receiver, personal representative, trustee, lessor, lessee, agent, or other person directly or indirectly in control of the real property.
b. “Real property” includes any physical location or portion of real property that federal or state law or local ordinance requires to be accessible to a person with a disability who is using a service animal or a service-animal-in-training, a person assisting a person with a disability by controlling a service animal or a service-animal-in-training, or a person training a service animal.
2. An owner is not liable for any injury or damage caused by a service animal or service-animal-in-training if all of the following criteria are met:
a. The owner believes in good faith that the animal is a service animal or a service-animal-in-training and the person using the animal is a person with a disability, a person assisting a person with a disability by controlling a service animal or a service-animal-in-training, or a person training a service-animal-in-training.
b. The injury or damage is not caused by the owner's negligence, recklessness, or willful misconduct.
Credits
Added by Acts 2019 (88 G.A.) ch. 65, S.F. 341, § 6, eff. July 1, 2019.
Iowa Code Annotated. Title VI. Human Services [Chs. 216-255a]. Subtitle 1. Social Justice and Human Rights [Chs. 216-216e]. Chapter 216. Civil Rights Commission.
216.8B. Assistance animals and service animals in housing--penalty
1. For purposes of this section, unless the context otherwise requires:
a. “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended, or section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended.
b. “Service animal” means a dog or miniature horse as set forth in the implementing regulations of Tit. II and Tit. III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
2. A landlord shall waive lease restrictions and additional payments normally required for pets on the keeping of animals for the assistance animal or service animal of a person with a disability.
3. A renter is liable for damage done to any dwelling by an assistance animal or service animal.
4. A person who knowingly denies or interferes with the right of a person with a disability under this section is, upon conviction, guilty of a simple misdemeanor.
Credits
Added by Acts 2019 (88 G.A.) ch. 65, S.F. 341, § 2, eff. July 1, 2019.
216.8C. Finding of disability and need for an assistance animal or service animal in housing
1. A licensee under chapter 148, 148C, 152, 154B, 154C, or 154D whose assistance is requested by a patient or client seeking a finding that an assistance animal or service animal as defined in section 216.8B, subsection 1, is a reasonable accommodation in housing shall make a written finding regarding whether the patient or client has a disability and, if a disability is found, a separate written finding regarding whether the need for an assistance animal or service animal is related to the disability.
2. A licensee under chapter 148, 148C, 152, 154B, 154C, or 154D shall not make a finding under subsection 1 unless all of the following circumstances are present:
a. The licensee has met with the patient or client in person or by telemedicine.
b. The licensee is sufficiently familiar with the patient or client and the disability.
c. The licensee is legally and professionally qualified to make the finding.
3. The commission, in consultation with the consumer protection division of the office of the attorney general, shall adopt rules regarding the making of a written finding by licensees under this section. The rules shall include a form for licensees to document the licensees' written finding. The form shall recite this section's requirements and comply with the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended, and section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended. The form must contain only two questions regarding the qualifications of the patient or client, which shall be whether a person has a disability and whether the need for an assistance animal or service animal is related to the disability. The form must indicate that the responses must be limited to “yes” or “no”. The form must not allow for additional detail.
4. A person who, in the course of employment, is asked to make a finding of disability and disability-related need for an assistance animal or service animal shall utilize the form created by the commission to document the person's written finding.
5. A landlord may deny a request for an exception to a pet policy if a person, who does not have a readily apparent disability, or a disability known to the landlord, fails to provide documentation indicating that the person has a disability and the person has a disability-related need for an assistance animal or service animal.
6. This section does not limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal or service animal.
Credits
Added by Acts 2019 (88 G.A.) ch. 65, S.F. 341, § 3, eff. May 2, 2019.
Title VIII. Transportation [chs. 306-330B]. Subtitle 2. Vehicles [Chs. 321-323A]. Chapter 321. Motor Vehicles and Law of the Road. Pedestrians' Rights and Duties.
Any driver of a vehicle or operator of a motor-driven vehicle who approaches or comes in contact with a person wholly or partially blind carrying a cane or walking stick white in color or white tipped with red, or being led by a guide dog wearing a harness and walking on either side of or slightly in front of said blind person, shall immediately come to a complete stop, and take such precautions as may be necessary to avoid accident or injury to the person carrying a cane or walking stick white in color or white tipped with red or being led by a guide dog.
CREDIT(S)
Amended by Acts 1955 (56 G.A.) ch. 161, § 1.