TITLE 40
Human Services

CHAPTER 40-9.1
Equal Rights to Public Facilities

SECTION 40-9.1-3


§ 40-9.1-3. Penalty for injuring or interfering with a service animal – Civil actions – Damages – Costs and attorney's fees.

(a) It is unlawful for any person, corporation, or the agent of any corporation to:

(1) Withhold, deny, deprive, or attempt to withhold, deny, or deprive, any other person of any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;

(2) Intimidate, threaten, coerce, or attempt to threaten, intimidate, or coerce, any other person to interfere with any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;

(3) Punish, or attempt to punish, any person for exercising, or attempting to exercise, any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1.

(b) It is unlawful for any person to injure a service animal and the person shall be liable for the injuries to the service animal, and if necessary the replacement and compensation for the loss of the service animal.

(c) It is unlawful for the owner of an animal to allow their animal to injure a service animal because the owner failed to control or leash the animal. The owner shall also be liable for the injuries to the service animal, and if necessary the replacement and compensation for the loss of the service animal.

(d) Any person who violates subsection (a)(1) is guilty of a misdemeanor. Any person who purposely or negligently violates subsection (a)(2) or (a)(3) is guilty of a misdemeanor. Violations shall be punished by imprisonment for not more than six (6) months or by a fine of not less than one hundred dollars ($100), or by both fine and imprisonment. Any person or corporation who or that violates subsection (a), (b), or (c) is also liable to the person whose rights under §§ 40-9.1-2 and 40-9.1-2.1 were violated for actual damages for any economic loss and/or punitive damages, to be recovered by a civil action in a court in, and for the county in, which the infringement of civil rights occurred or in which the defendant lives.

(e) In an action brought under this section, the court shall award costs and reasonable attorney's fees to the prevailing party.

History of Section.
(P.L. 1975, ch. 55, § 1; P.L. 1986, ch. 179, § 1; P.L. 1997, ch. 85, § 1; P.L. 2019, ch. 96, § 1; P.L. 2019, ch. 131, § 1; P.L. 2020, ch. 79, art. 1, § 33.)