Do you have to let that animal in here? The law might just say that you do.
The Maine Human Rights Act (“HRA”) is broad in its reach and is intended to cover municipalities and their properties. In a law that became effective this year, the Legislature created a new definition of “service animal”, thereby distinguishing between the rights of a person with a service animal and those with an assistance animal.
A service animal “is a dog that is individually trained to do work or perform a task” for a person with a disability, which tasks are directly related to the disability. By way of example, a dog that provides navigation assistance to the visually impaired or assists by pulling a wheelchair qualifies as a service animal. Services to a human such as providing emotional support, well-being, comfort or companionship do not qualify as “work or tasks” for purposes of a service animal. The exclusion of these types of support services, however, can apply to animals that may qualify as assistance animals under Maine law. Assistance animals are those animals that either are (a) determined to be necessary to mitigate the effects of a physical or mental disability by certain health professionals or a licensed social worker or (b) individually trained to perform work or tasks for the benefit of an individual with a physical or mental disability. Only dogs can qualify as service animals, a limitation that does not apply to assistance animals, which means that cats, ferrets and other animals may qualify as assistance animals.
Municipal buildings are “places of public accommodation” under the HRA and, therefore, municipalities cannot discriminate against people because of a disability, including that person’s use of a service animal. In addition, the HRA requires that landlords allow tenants with disabilities to have the use of a service animal or an assistance animal.
The right to the benefit of service animals and assistance animals are limited if it can be shown that such an animal poses a direct threat to the health and safety of others. It is interesting to note that the potential adverse effects to a person with an allergy to the animal is not a sufficient reason for excluding such an animal. Rather, accommodations need to be made to allow for both the presence of the service or assistance animal and the person with the allergy.
It is a civil violation to mispresent an animal as a service or assistance animal, with the fine being not more than $1,000 for each occurrence.
So, the next time someone comes into town hall with an ostrich claiming it is a service animal, you really don’t have to let that ostrich in.
Updates and commentary from Preti Flaherty's municipal law attorneys.
