Tennessee § 62-7-112 - Dog guide to be admitted — Penalties.

§ 62-7-112. Dog guide to be admitted — Penalties.

No proprietor, employee or other person in charge of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating house, barber shop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public educational institution or elevator, shall refuse to permit a blind, physically disabled or deaf or hard of hearing person to enter the place or to make use of the accommodations provided when the accommodations are available, for the reason that the blind, physically disabled or deaf or hard of hearing person is being led or accompanied by a dog guide. A dog guide shall be under the control of its handler. A place of public accommodation shall not require documentation, such as proof that the animal has been certified, trained or licensed as a dog guide. No proprietor, employee or other person in charge of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating house, barber shop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public educational institution or elevator, shall refuse to permit a dog guide trainer to enter such place or to make use of the accommodations provided in those places, when the accommodations are available, for the reason that the dog guide trainer is being led or accompanied by a dog guide in training; provided, that the dog guide in training, when led or accompanied by a dog guide trainer, is wearing a harness and is held on a leash by the dog guide trainer or, when led or accompanied by a dog guide trainer, is held on a leash by the dog guide trainer; and provided, further, that the dog guide trainer shall first have presented for inspection credentials issued by an accredited school for training dog guides. For purposes of this section, “dog guide in training” includes dogs being raised for an accredited school for training dog guides; provided, however, that a dog being raised for that purpose is: Being held on a leash and is under the control of its raiser or trainer, who shall have available for inspection credentials from the accredited school for which the dog is being raised; and Wearing a collar, leash or other appropriate apparel or device that identifies the dog with the accredited school for which it is being raised. “Dog guide in training” also includes the socialization process that occurs with the dog's trainer or raiser prior to the dog's advanced training; provided, that the socialization process is under the authorization of an accredited school. A place of public accommodation may ask a person to remove a dog guide or dog guide in training from the premises if: The dog guide or dog guide in training is out of control and its handler does not take effective action to control it; or The dog guide or dog guide in training is not housebroken. A violation of this section is a Class C misdemeanor. Acts 1955, ch. 1, §§ 1, 2; 1980, ch. 488, § 3; T.C.A., § 62-717; Acts 1982, ch. 748, § 1; 1984, ch. 612, § 1; 1989, ch. 591, § 113; 1996, ch. 668, § 1; 2001, ch. 174, § 13; 2003, ch. 123, § 1; 2013, ch. 69, § 1. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 14 Tenn. Juris., Hotels, Inns, Restaurants, § 3. Attorney General Opinions. Requiring the display or presentation of training credentials as a condition for a guide dog's entry into a place of public accommodation is reasonable and is not inconsistent with federal law, OAG 01-156, 2001 Tenn. AG LEXIS 174 (10/22/01). The federal Americans with Disabilities Act does not conflict with, or preempt, the provisions T.C.A. § 62-7-112 addressing the admission of service dogs to places of public accommodation. OAG 13-59, 2013 Tenn. AG LEXIS 60 (7/26/13).