Chapter 95. Delaware White Cane Law
TITLE 16
Health and Safety
Disabled and Partially Disabled Persons
CHAPTER 95. DELAWARE WHITE CANE LAW
§ 9501. Public policy; White Cane Day.
(a) It is the policy of this State to encourage and enable the blind, the visually handicapped and the otherwise physically disabled to participate fully in the social and economic life of this State and to engage in remunerative employment.
(b) It is the policy of this State that the blind, the visually handicapped and the otherwise physically disabled shall be employed by all employers including this State, political subdivisions of this State, the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as are able-bodied persons, unless it is shown that the particular disability prevents the performance of the work involved.
(c) Each year the Governor by proclamation or the General Assembly by resolution may take public notice of October 15 as White Cane Safety Day so that the public may continue to be aware of the significance of the white cane and be able to recognize the presence of disabled persons on the streets and sidewalks of the State.
16 Del. C. 1953, § 9501; 58 Del. Laws, c. 222.;
§ 9502. Rights and liabilities.
(a) The blind, the visually handicapped and the otherwise physically disabled shall have the same rights as able-bodied persons to use streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.
(b) The blind, the visually handicapped and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation, and in all hotels, lodging places, places of public accommodation, amusement or resort and other places to which the general public is invited, subject only to the conditions and limitations established by law.
(c) Every totally or partially blind person may be accompanied by a guide dog, especially trained for the purpose, in any of the places listed within this section without being required to pay an extra charge for the guide dog, provided that the totally or partially blind person shall be liable for any damages done to the premises or facilities by such dog. A guide dog may be excluded from any of the places enumerated in this section if the admission of such dog would create the clear danger of a disturbance or physical harm to other persons in such place.
16 Del. C. 1953, § 9502; 58 Del. Laws, c. 222; 70 Del. Laws, c. 186, § 1.;
§ 9503. Rules of the road.
The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominately white or metallic in color (with or without a red tip) or using a guide dog shall take all necessary precautions to avoid injury to such blind pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused to such pedestrian. A totally or partially blind pedestrian not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed in § 9502 shall have all of the rights and privileges conferred by law upon other persons and the failure of a totally or partially blind pedestrian to carry a cane or use a dog in any such places, accommodations or conveyances shall not be conclusively held to constitute nor be evidence of contributory negligence.
16 Del. C. 1953, § 9503; 58 Del. Laws, c. 222.;
§ 9504. Enjoyment of public facilities.
Any person or persons, firm or corporation or an agent thereof who denies or interferes with the admittance to or enjoyment of the public facilities enumerated in § 9502 or otherwise interferes with the rights of a totally or partially blind or otherwise disabled person as specified in § 9502 shall be guilty of a misdemeanor.
16 Del. C. 1953, § 9504; 58 Del. Laws, c. 222.;
§ 9505. Housing accommodations.
(a) Blind persons, visually handicapped persons and other physically disabled persons shall be entitled to full and equal access as other members of the general public to all housing accommodations offered for rent, lease or compensation in this State, subject to the conditions and limitations established by law on all persons.
(b) "Housing accommodations" shall mean any real property or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of 1 or more human beings, but shall not include any accommodations not included within subsection (a) or any single-family residence the occupants of which rent, lease or furnish for compensation not more than 1 room therein.
(c) Nothing in this section shall require any person renting, leasing or providing for compensation real property to modify such person's property in any way or provide a higher degree of care for a blind person or a visually handicapped person.
(d) Every totally or partially blind person who has a guide dog shall be entitled to full and equal access to all housing accommodations provided for in this section and the totally or partially blind person shall not be required to pay extra compensation for such guide dog, but shall be liable for any damage done to the premises by such a guide dog.
16 Del. C. 1953, § 9505; 58 Del. Laws, c. 222; 70 Del. Laws, c. 186, § 1.;
§ 9506. Violations.
Any person who violates this chapter shall, upon conviction for such offense in a Justice of the Peace Court, be fined $100 for every such violation.
16 Del. C. 1953, § 9506; 58 Del. Laws, c. 222.;