Guide Dog Users of Oregon

Oregon statutes pertaining to assistance animals

346.610 to 346.690 - Dog guides for blind or deaf persons in public places.

  1. 346.610 - Definitions for ORS 346.610 to 346.630. As used in ORS 346.610 to 346.630

    1. "Blind person" means a person who has vision of 20/200 or less with the best correction or has a visual field of 20 degrees orless.
    2. "Dog guide" means a dog that is wearing a dog guide harness and is trained to lead or guide a blind person.
    3. "Dog guide trainee" means a dog undergoing training to lead or guide a blind person.
    4. "Trainer" means a person who trains dogs to lead or guide blind persons.
    5. "Mode of transportation" means any mode of public transportation operating within this state except for parlor, lounge, or club car of a common carrier by railroad.
    6. "Public accommodation" means a place of public accommodation as defined in ORS 30.675.

  2. 346.620 - Dog guide for blind person in place of public accommodation or on public transportation; liability.

    1. A blind person shall have the right to have a dog guide with the blind person, and a trainer shall have the right to have a dog guide or dog guide trainee with the trainer, in any place of public accommodation or on any mode of transportation so long as the blind person or trainer controls the behavior of the dog.
    2. No blind person or trainer shall be required to pay an additional fee or admission charge for the dog guide.
    3. A blind person or trainer is liable for any damages done to a place of public accommodations or to any mode of transportation by the dog guide.

  3. 346.630 - Prohibition against discrimination in renting housing to blind person because of dog guide; remedy.

    1. A landlord, as defined in ORS 90.100, may not refuse to rent adwelling unit, as defined in ORS 90.100, to a blind person on the basis of the person's use or possession of a dog guide.
    2. A blind person shall have a cause of action to recover compensatory damages or $200.00, whichever is greater, from any landlord, as defined in ORS 90.100, who refuses to rent a dwelling unit, or who charges additional rent, on the basis of the person's use or possession of a dog guide. Any person recovering damages under this subsection shall be entitled to reasonable attorney fees as determined by the court in addition to costs and necessarydisbursements.
    3. No blind person shall be required to pay an additional nonrefundable fee or an excessive deposit for the dog guide.
    4. A blind person is liable for any damages done to the dwelling unit by the dog guide.

  4. 346.640 - Definitions for ORS 346.640 to 346.660. As used in ORS 346.640 to 346.660

    1. A deaf person shall have the right to have a hearing ear dog with the person, and a trainer of a hearing ear dog shall have the right to have the hearing ear dog or hearing ear dog trainee with the trainer, in any place of public accommodation or on any mode of transportation so long as the deaf person or trainer controls the behavior of the dog.
    2. No deaf person or trainer of a hearing ear dog shall be required to pay an additional fee or admission charge for the hearingear dog.
    3. A deaf person or trainer of a hearing ear dog is liable for any damages done to a place of public accommodation or to any mode of transportation by the hearing ear dog.

  5. 346.660 - Prohibition against discrimination in renting housing to deaf person because of hearing ear dog; liability.

    1. A landlord, as defined in ORS 90.100, may not refuse to rent a dwelling unit, as defined in ORS 90.100, to a deaf person on the basis of the use or possession of a hearing ear dog.
    2. No deaf person shall be required to pay an additional nonrefundable fee for the hearing ear dog.
    3. A deaf person is liable for any damages done to the dwelling unit by the hearing ear dog.

Assistance animals for the physically impaired persons.

  1. 346.680 - Definitions for ORS 346.680 to 346.690. As used in ORS 346.680 to 346.690

    1. "Assistance animal" means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:
      1. Dog guides, as defined in ORS 346.610;
      2. Hearing ear dogs, as defined in ORS 346.640;
      3. Pulling a wheelchair;
      4. Fetching dropped items; and
      5. Balance work.
    2. "Assistance animal trainee" means any animal undergoing training to assist a physically impaired person.
    3. "Daily life activity" includes but is not limited to:
      1. Self-care;
      2. Ambulation;
      3. Communication; or
      4. Transportation.
    4. "Mode of transportation" means any mode of transportation operating within this state.
    5. "Physically impaired person" means any person who is permanently physically impaired, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment , requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.
    6. "Public accommodation" means a place of public accommodation as defined in ORS 30.675 including but not limited to educational institutions, airlines and restaurants.
    7. The exception stated in ORS 30.675 (2) is not an exception under ORS 90.390 and 346.680 to 346.690.

  2. 346.685 - Rights of physically impaired person and trainer; prohibition on admission charge for animal; access to transportation; liability for damage by animal.

    1. A physically impaired person has the right to have an assistance animal with the physically impaired person, and a trainer has the right to have an assistance animal or assistance animal trainee with the trainer, in any place of public accommodation or on any mode of transportation so long as the physically impaired person or trainer controls the behavior of the animal.
    2. No physically impaired person or trainer shall be required to pay an additional charge for the assistance animal.
    3. The assistance animal shall be allowed to accompany its owner in an ambulance or other mode of transport in the event of a medical emergency. If the owner is unconscious, the assistance animal shall be placed in an emergency veterinary clinic until the person regains consciousness and can make arrangements for the animal, or arelative responsible for the injured person is contacted and can make arrangements for the animal, or until the injured person dies, in which case the authorities will attempt to contact the school, where the animal was trained for further action.
    4. A physically impaired person or trainer is liable for any damages done to a place of public accommodations or to any mode of transportation by the assistance animal.

  3. 346.687 - Damages recoverable for harm or theft of assistance animal.

    1. In addition to and not in lieu of any other penalty provided by state law, a physically impaired person who uses an assistance animal or the owner of an assistance animal may bring an action for economic and non-economic damages against any person who steals or, without provocation, attacks the assistance animal. The physically impaired person or owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks an assistance animal. The action authorized by this subsection may be brought by the physically impaired person or owner even if the assistance animal was in the custody of another person when the theft or attackoccurred.
    2. If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in the death of the animal or the animal is not returned or if injuries sustained in the theft or attack prevent the animal from returning to service as an assistance animal, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal. In addition, the physically impaired person or owner may recover any other costs and expenses, including but not limited to, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and attorney fees, incurred as a result of the theft or injury to the animal.
    3. If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in injuries from which the animal recovers and returns to service, or if the animal is stolen but is recovered and returns to service, the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and any other costs and expenses, including attorney fees, incurred by the physically impaired person or owner as a result of the theft of or injury to the animal.
    4. No cause of action arises under this section if the physically impaired person, owner or the person having custody or supervision of the assistance animal was committing a criminal or civil trespass at the time of the theft of or attack on the assistanceanimal.

  4. 346.690 Prohibition against discrimination in renting housing because of assistance animal.

    1. A landlord, as defined in ORS 90.100, shall not refuse to rent a dwelling unit, as defined in ORS 90.100, to a physically impaired person on the basis of the person's use or possession of an assistance animal.
    2. A physically impaired person shall have a cause of action to recover compensatory damages or $200, whichever is greater, from any landlord who refuses to rent a dwelling unit, or who charges additional rent, on the basis of the person's use or possession of an assistance animal. Any person recovering damages under this subsection shall be entitled to reasonable attorney fees at trial and on appeal, as determined by the court, in addition to costs and necessary disbursements.
    3. No physically impaired person shall be required to pay an additional nonrefundable fee or an excessive deposit for theassistance animal.
    4. A physically impaired person is liable for any damages done to the dwelling unit by the assistance animal.

Penalties

  1. 346.991 - Penalties.

    1. Violation of ORS 346.167 is punishable, upon conviction, by a fine of not more than $1,000 or by imprisonment in the county jail for not more than 60 days, or both.
    2. Violation of ORS 346.620 (1) or (2) is a Class C misdemeanor.
    3. Violation of ORS 346.650 or 346.660 is a Class C misdemeanor.
    4. Violations of ORS 90.390 and 346.680 to 346.690 are subject to the penalties provided in subsections (1) to (3) of this section.
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