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MICHIGAN SERVICE DOG LAWS

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ACCOMMODATION LAW

Effective January 1, 2016, a public accommodation shall modify its policies, practices, and procedures to permit the use of a service animal by a person with a disability. This includes a miniature horse provided the animal meets criteria under the law. 

A service animal shall be under the control of its handler, and shall have a harness, leash, or other tether, unless the handler is unable because it would interfere with the service animal's safe and effective performance of work or tasks, in which case the service animal shall be otherwise under the handler's control. 

A public accommodation shall not ask a person with a disability to remove a service animal from the premises due to allergies or fear of the animal. He or she can only be removed if the animal is out of control and its handler does not take effective action to control it or if the service animal is not housebroken.

Michigan law incorporates the federal test for assessment of a service animal. Staff may only ask:

  • Whether the service animal is required because of a disability.

  • What work or task the service animal has been trained to perform.


Staff may not require documentation or ask the above questions if it is "readily apparent that the service animal is trained to do work or perform tasks for an individual with a disability."

A public accommodation that violates the relevant subsections of the law is guilty of a misdemeanor. MI ST 750.502c

 

HARASSMENT OF/INTERFERENCE WITH SERVICE DOGS

An individual shall not do either of the following:

  • Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.

  • Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.

An individual who violates this is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. MCL 750.50a

 

DRIVING LAW

A driver of a vehicle shall not approach a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian using a dog guide or walker.

 

If driver fails to take precautions, liable in damages to blind pedestrian. Can also face investigation by peace officer for violation and possible referral to prosecuting attorney. MCL 752.52

 

LICENSING LAW

Notwithstanding any law or ordinance to the contrary, a service animal is not subject to any fee for licensing if either of the following applies:

  • The service animal is used by a person with a disability.

  • The service animal is owned by a partnership, corporation, or other legal entity that trains service animals for use by a person with a disability. MCL 287.291

 

 

FRAUDULENT REPRESENTATION

A person shall not falsely represent that he or she is in possession of a service animal, or a service animal in training, in any public place.

Violation is a misdemeanor punishable by 1 or more of the following:

  • imprisonment for not more than 90 days

  • a fine of not more than $500.00

  • community service for not more than 30 days. MCL 752.61 - 63

A new law allows people to report violations by telephone to the Dept. of Civil Rights who may then refer to local law enforcement. MCL 752.64

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