wa-law.org > bill > 2023-24 > SB 5788 > Original Bill
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
It shall be a civil infraction under chapter 7.80 RCW for any person to misrepresent an animal as a service animal or service animal trainee. A violation of this section occurs when a person:
Expressly or impliedly represents that an animal is a service animal or service animal trainee for the purpose of securing the rights or privileges afforded disabled persons accompanied by service animals set forth in state or federal law; and
Knew or should have known that the animal in question did not meet the definition of a service animal or service animal trainee.
[Empty]
An enforcement officer as defined under RCW 7.80.040 may investigate and enforce this section by making an inquiry of the person accompanied by the animal in question and issuing a civil infraction. Refusal to answer the questions allowable under (b) of this subsection shall create a presumption that the animal is not a service animal or service animal trainee and the enforcement officer may issue a civil infraction and require the person to remove the animal from the place of public accommodation.
An enforcement officer or place of public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal or service animal trainee. An enforcement officer or place of public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained or is in training to perform. An enforcement officer or place of public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, or require that the service animal demonstrate its task. Generally, an enforcement officer or place of public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for a person with a disability, such as a dog is observed guiding a person who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to a person with an observable mobility disability.
It shall be an unfair practice for any person or the person's agent or employee to :
Commit an act which directly or indirectly results in any distinction, restriction, or discrimination;
Require any person to pay a larger sum than the uniform rates charged other persons;
Refuse or withhold from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement.
Notwithstanding subsection (1) of this section, a person or the person's agent or employee may enforce conditions and limitations established by law and applicable to all persons, regardless of race, creed, color, national origin, citizenship or immigration status, sexual orientation, sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That this section shall not be construed to require structural changes, modifications, or additions to make any place accessible to a person with a disability except as otherwise required by law: PROVIDED, That behavior or actions constituting a risk to property or other persons can be grounds for refusal and shall not constitute an unfair practice.
A place of public accommodation must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability in accordance with RCW 49.60.040(25) if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a facility, a place of public accommodation must act in accordance with all applicable laws and regulations.
If a place of public accommodation or of access to state government services, programs, or activities customarily charges a person for damages that the person causes to the place, the place may charge a person with a disability or service animal trainer for damages that a service animal or service animal trainee causes to the place.
A person with a disability or service animal trainer must maintain control of a service animal or service animal trainee. Except as provided in this subsection, control must be exerted by means of a harness, leash, or other tether. If the use of a harness, leash, or other tether would interfere with the ability of the animal to do the work or perform the tasks for which the animal is trained or is being trained, control may be exerted by the effective use of voice commands, signals, or other means. If an animal is not under control as required in this subsection, a place of public accommodation or of access to state government services, programs, or activities may consider the animal to be out of control for purposes of subsection (6) of this section.
[Empty]
Except as provided in this subsection, a place of public accommodation or of access to state government services, programs, or activities may not deny a person with a disability or service animal trainer the right to be accompanied by a service animal or service animal trainee in any area of the place that is open to the public or to business invitees. A place of public accommodation or of access to state government services, programs, or activities may require a person with a disability or service animal trainer to remove a service animal or service animal trainee if:
The animal is not trained to urinate and defecate outside of the facility or only in an appropriate place; or
The animal is out of control and effective action is not taken to control the animal.
A place of public accommodation or of access to state government services, programs, or activities may impose legitimate requirements necessary for the safe operation of the place of public accommodation or the services, programs, or activities. The place of public accommodation or of access to state government services, programs, or activities must ensure that the safety requirements are based on actual risks, not on speculation, stereotypes, or generalizations about persons with disabilities.
A place of public accommodation or of access to state government services, programs, or activities must make reasonable modifications as necessary to allow an opportunity for a person with a disability who is benefited by the use of a dog guide or service animal to obtain goods, services, and the use of the advantages, facilities, and privileges of the place or the advantages, facilities, and privileges of the state government services, programs, or activities. For purposes of this subsection, except as provided in subsections (6) and (8) of this section, in addition to any other applicable accommodation requirement, allowing the presence of the service animal is a reasonable modification.
If a place of public accommodation or of access to state government services, programs, or activities requires a person with a disability or a service animal trainer to remove a service animal or service animal trainee under subsection (6) of this section, the place must give the person with a disability a reasonable opportunity to obtain goods, services, and the use of the advantages, facilities, and privileges of the place or the advantages, facilities, and privileges of the state government services, programs, or activities without the service animal's presence.
A place of public accommodation or of access to state government services, programs, or activities is not required to provide care or supervision for a service animal or service animal trainee.
The protection granted under this section to a person with a disability or service animal trainer does not invalidate or limit the remedies, rights, and procedures of any other federal, state, or local laws that provide equal or greater protection of the rights of a person with a disability, service animal trainer, or individuals associated with a person with a disability.