Louisiana Revised Statutes 46:1953 – Use of public facilities; equal accommodations; service dogs
Terms Used In Louisiana Revised Statutes 46:1953
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Person with a disability: means a person who has a physical or mental impairment that substantially limits one or more of such person's major life activities and who has a record of such impairment or who is regarded as having such an impairment, including military veterans with traumatic brain injury or post traumatic stress disorder. See Louisiana Revised Statutes 46:1952
- Service dog: means a dog who has been trained or is being trained to do work or perform a task for a person with a disability. See Louisiana Revised Statutes 46:1952
A. Every person with a disability shall have the same right as a person who is able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.
B. Every person with a disability shall be entitled to full and equal accommodations, advantages, facilities, and privileges in the following, subject only to the conditions and limitations established by law and applicable alike to all persons:
(1) Common carriers, including taxis, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation operated on land or water, in the air, or any stations and terminals thereof.
(2) Educational institutions, including but not limited to kindergartens, primary and secondary schools, trade or business schools, high schools, academies, colleges, and universities.
(3) Hotels, lodging places, restaurants, theaters, places of public accommodation, amusement, or resort.
(4) Other places to which the general public is invited.
C. Every person with a disability may be accompanied by a service dog, especially trained to aid such person, in any of the places provided in Subsection B of this Section without being required to pay an extra charge for such dog. However, he shall be liable for any damage done to the premises, facilities, operators, or occupants by such dog.
D.(1) A public entity may ask a person with a disability to remove his service dog from a premises if either of the following is present:
(a) The service dog is out of control, and the person with a disability accompanying the service dog does not take effective action to control it.
(b) The service dog is not housebroken.
(2) If the service dog is properly excluded, the public entity shall give the person with a disability the opportunity to enter without the service dog.
E.(1) A public entity shall not ask about the nature or extent of a person’s disability, but may make the following two inquiries to determine whether such a dog qualifies as a service dog:
(a) A public entity may ask if the service dog is required because of a disability.
(b) A public entity may ask what work or task the service dog has been trained to perform.
(2) A public entity shall not require documentation for proof the service dog has been certified, trained, or licensed as a service dog.
F. Nothing in this Section shall require any person who owns, leases, or operates any public conveyance or modes of transportation, educational institutions, hotels, restaurants, theaters, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, to modify his property or facility in any way or provide a higher degree of care for a person with a disability than for a person who does not have a disability.
Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 1993, No. 763, §2; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
NOTE: Acts 1993, No. 763, §1 amended prior La. Rev. Stat. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted La. Rev. Stat. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.