Service Animals
What is Maine's Law on Service Animals
5 MRS §4553(1-H) and (9-E) define “assistance animal” and “service animal.”
5 MRS §4582-A(3) addresses assistance animals and unlawful housing discrimination on the basis of disability. 5 MRS §4592(8) addresses service animals and unlawful public accommodations. See also public accommodations and housing regulations of the Maine Human Rights Commission.
17 MRS §3966 states, “It is unlawful for any person to bring an animal into a store where food is sold for human consumption or into a restaurant where food is prepared and served on the premises. This section does not apply to a person requiring the services of a service animal. For the purposes of this section, ‘service animal’ has the same meaning as set forth in Title 5, section 4553, subsection 9 E.” See also the State of Maine Food Code and Rules Relating to Lodging Establishments.
The Maine Human Rights Commission and the U.S. Department of Justice have compiled guides to the use of service animals:
• State of Maine Human Rights Commission “Assistance Animals in Housing”
• State of Maine Human Rights Commission “Service Animals in Places of Public Accommodation”
• ADA Requirements: Service Animals
• U.S. Department of Justice “Frequently Asked Questions about Service Animals and the ADA”14 MRS §6030-G addresses injuries or property damage involving an assistance animal.
7 MRS §3923-A(3)(A) states, “A municipal clerk or a dog licensing agent shall issue a license upon application and without payment of a license fee required under this section for…A service dog owned or kept by a person with a physical or mental disability…”
17 MRS §1314-A states, in part, “A person who knowingly misrepresents as a service animal any animal that does not meet the definition of ‘service animal,’ as defined in Title 5, section 4553, subsection 9-E, commits a civil violation. A person who knowingly misrepresents as an assistance animal any animal that does not meet the definition of ‘assistance animal,’ as defined in Title 5, section 4553, subsection 1-H, commits a civil violation.”
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