Ala. Code § 21-7-4 (1975) Right of a Person With a Disability to Be Accompanied By Service Animal; Liability For Damages; Violations

• Library: Alabama Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and Special Sessions.
• Year: 2023
• Citation: Ala. Code § 21-7-4 (1975)

(a) An individual with a disability has the right to be accompanied by a service animal in all areas of a public accommodation, including a public or private school, that the public or customers are normally permitted to occupy.

(b) A service animal shall be under the control of its handler and shall have a harness, collar, leash, or other tether, unless either the handler is unable because his or her disability prevents him or her from the use of a harness, collar, leash, or other tether, or the use of a harness, collar, leash, or other tether would interfere with the safe, effective performance of work or tasks by the service animal, in which case the service animal shall be otherwise under the control of the handler by means of voice control, signals, or other effective means.

(c)

(1) The trainer of a service animal, while engaged in the training of the animal, has the same rights and privileges with respect to access to areas of public accommodation and the same liability for damage as is provided for an individual with a disability who is accompanied by a service animal.

(2)

a. A dog that is a service animal in training shall wear a harness, collar, leash, cape, or backpack that identifies in writing that the dog is a service animal in training.

b. Other service animals in training shall be identifiable by written identification as a service animal in training.

c. The written identification for a service animal in training shall be visible and legible from a distance of at least 20 feet.

(3) To determine the difference between a service animal in training and a pet, a public accommodation may ask any of the following:

a. If a trainer is an owner trainer with a disability or a qualified trainer with at least one year's experience training animals.

b. For photo identification stating that the trainer is an employee, volunteer, agent, or graduate of a school for seeing eye, hearing, service, or guide dogs or an organization generally recognized by agencies involved in the rehabilitation of individuals with disabilities as reputable and competent to provide dogs with training, and who is actually involved in the training process.

c. What task the animal is being trained to perform, and if the trainer is currently engaged in the training of the animal.

(d) Documentation that the service animal is trained is not a precondition for providing service to an individual accompanied by a service animal.