651.075 - Rights, duties and liabilities of persons training or accompanied by service animal, service animal in training or police dog; unlawful acts; rights of place of accommodation; unmuzzled anim
651.075 Rights, duties and liabilities of persons training or accompanied by service animal, service animal in training or police dog; unlawful acts; rights of place of accommodation; unmuzzled animal may not be presumed dangerous; person subject to same conditions and limitations as others; remedies.
1. It is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a person with a disability because the person is accompanied by a service animal.
(b) Refuse admittance or service to a person training a service animal.
(c) Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal into:
(1) The place of public accommodation; or
(2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.
(d) Refuse admittance or service to a person because the person is accompanied by a police dog.
(e) Charge an additional fee or deposit for a service animal, service animal in training or a police dog as a condition of access to the place of public accommodation.
(f) Require proof that an animal is a service animal or service animal in training.
2. A place of public accommodation may:
(a) Ask a person accompanied by an animal:
(1) If the animal is a service animal or service animal in training; and
(2) What tasks the animal is trained to perform or is being trained to perform.
(b) Ask a person to remove a service animal or service animal in training if the animal:
(1) Is out of control and the person accompanying the animal fails to take effective action to control it; or
(2) Poses a direct threat to the health or safety of others.
3. A service animal may not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve:
(a) A person with a disability who is accompanied by a service animal or a person who trains a service animal from liability for damage caused by the service animal.
(b) A person who is accompanied by a police dog from liability for damage caused by the police dog.
5. Persons with disabilities who are accompanied by service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.
6. Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.
7. A person who violates paragraph (e) of subsection 1 is civilly liable to the person against whom the violation was committed for:
(a) Actual damages;
(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and
(c) Reasonable attorney’s fees as determined by the court.
8. The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.
9. As used in this section:
(a) “Police dog” means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer.
(b) “Service animal” has the meaning ascribed to it in NRS 426.097.
(c) “Service animal in training” has the meaning ascribed to it in NRS 426.099.
(Added to NRS by 1969, 587; A 1971, 1058; 1973, 1499; 1981, 1921; 1987, 824; 1991, 1028; 1995, 1996; 1997, 74; 1999, 2519; 2003, 2637, 2977; 2005, 632)