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Article 4B - NY Civil Rights Law

NY Laws ›
Civil Rights Law ›
Article 4B ›
Sections 47 - 47C

RIGHTS OF PERSONS WITH A DISABILITY ACCOMPANIED BY GUIDE DOGS, HEARING DOGS OR SERVICE DOGS

Section	Description
47	Use of public facilities by persons with a disability.
47-A	Employment of persons with a disability.
47-B	Miscellaneous provisions.
47-C	Penalties.

  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
  service dog.
    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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