New York Consolidated Law
Civil Rights Law
Article 4B - NY Civil Rights Law
RIGHTS OF PERSONS WITH A DISABILITY ACCOMPANIED BY GUIDE DOGS, HEARING DOGS OR SERVICE DOGS
|47||Use of public facilities by persons with a disability.|
|47-A||Employment of persons with a disability.|
S 47. Use of public facilities by persons with a disability. 1. No
person shall be denied admittance to and/or the equal use of and
enjoyment of any public facility solely because said person is a person
with a disability and is accompanied by a guide dog, hearing dog or
2. For the purposes of this section the term "public facility" shall
include, but shall not be limited to, all modes of public and private
transportation, all forms of public and private housing accommodations
whether permanent or temporary, buildings to which the public is invited
or permitted, including those maintained by the state or by any
political subdivision thereof, all educational facilities and
institutions, including those maintained by the state or by any
political subdivision thereof, all places where food is offered for
sale, all theatres, including both live playhouses and motion picture
establishments and all other places of public accommodations,
convenience, resort, entertainment, or business to which the general
public or any classification of persons therefrom is normally or
customarily invited or permitted.
S 47-a. Employment of persons with a disability. Unless it can be
clearly shown that a person's disability would prevent such person from
performing the particular job no person who is otherwise qualified shall
be denied equal opportunities to obtain and/or maintain employment
and/or to advance in position in his job solely because said person is a
person with a disability and is accompanied by a guide dog, hearing dog
or service dog regardless of whether the employer or prospective
employer is the state or any political subdivision thereof or any other
category of employer.
S 47-b. Miscellaneous provisions. 1. Persons with a disability
accompanied by guide dogs, hearing dogs or service dogs shall be
guaranteed the right to have such dogs in their immediate custody while
exercising any of the rights and privileges set forth in this article,
provided that in instances of employment pursuant to section
forty-seven-a of this article, such dog has been trained by a qualified
person. Blind persons shall, further, have the right to carry a cane in
their immediate custody while exercising any of the rights and
privileges set forth in this section.
2. No person or legal entity, public or private, shall attempt to
impose or maintain any direct or indirect additional charge for the
admittance of a guide dog, hearing dog or service dog accompanying a
person with a disability, nor shall any conditions or restrictions not
specifically set forth in this article be imposed on the person's rights
as set forth herein.
3. A person engaged in training a dog to guide or otherwise aid
persons with a disability, while engaged in such training activities,
and a person with a disability for whom the dog is being trained, shall
have the same rights and privileges set forth for persons with a
disability in this article.
4. The term "guide dog", or "hearing dog" shall mean a dog that is
under the control, consistent with federal regulations implementing the
Americans with Disabilities Act, Title III, at 28 CFR 36.302(c), of the
person using or training it and has been or is being trained to guide or
otherwise to aid a person with a disability.
5. For the purposes of this article the term "disability" shall have
the same meaning as provided for in subdivision twenty-one of section
two hundred ninety-two of the executive law.
6. Any law, rule, or regulation conflicting with any provision of this
article is, to the extent of said conflict only, deemed to be superseded
by the provisions of this article.
7. "Service dog" means any dog under the control, consistent with
federal regulations implementing the Americans with Disabilities Act,
Title III, at 28 CFR 36.302(c), of the person using or training it, and
that has been or is being individually trained to do work or perform
tasks for the benefit of a person with a disability.
S 47-c. Penalties. 1. Any person or legal entity, public or private,
violating any provision of this article shall be guilty of a violation.
2. Any person or legal entity, public or private, violating section
forty-seven and/or subdivision one or two of section forty-seven-b of
this article two or more times within a two year period shall be guilty
of a violation punishable by a fine of one thousand dollars.
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