An Act To Allow a Person To Enter a Place of Public Accommodation Accompanied by a Medically Necessary Assistance Animal That Is a Dog
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §4592, sub-§8, as amended by PL 2015, c. 457, §4, is further amended to read:
8. Service animals; certain dogs. For any public accommodation or any person who is the owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or employee of any place of public accommodation to refuse to permit the use of a service animal or otherwise discriminate against an individual with a physical or mental disability who uses a service animal at the public accommodation unless it is shown by defense that the service animal poses a direct threat to the health or safety of others or the use of the service animal would result in substantial physical damage to the property of others or would substantially interfere with the reasonable enjoyment of the public accommodation by others. The use of a service animal may not be conditioned on the payment of a fee or security deposit, although the individual with a physical or mental disability is liable for any damage done to the premises or facilities by such a service animal. This subsection does not apply to an assistance animal as defined in section 4553, subsection 1-H unless the assistance animal also qualifies as a service animal.
This subsection does not apply to an assistance animal as defined in section 4553, subsection 1-H unless the assistance animal:
A. Also qualifies as a service animal; or
B. Is a dog.
summary
This bill requires a place of public accommodation to allow the use of a dog that is an assistance animal by an individual with a physical or mental disability.