94-348-7 Me. Code R. § 04

Current through 2024-44, October 30, 2024

Section 348-7-04 - Reasonable Accommodations: Individuals with Disabilities

(a)Integrated Settings

A public accommodation shall afford goods, services, facilities, privileges, advantages, and accommodations to an individual with a physical or mental disability in the most integrated setting appropriate to the needs of the individual. Notwithstanding the existence of separate or different programs or activities provided in accordance with this subpart, a public accommodation shall not deny an individual with a physical or mental disability an opportunity to participate in such programs or activities that are not separate or different.

(c)Accommodations and services

(1) Nothing in this part shall be construed to require an individual with a physical or mental disability to accept an accommodation, aid, service, opportunity, or benefit available under this part that such individual chooses not to accept.

(2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual.

(d)Reasonable accommodations/modifications

It is unlawful public accommodations discrimination for a covered entity to fail to make reasonable modifications in its policies, practices, or procedures when necessary to afford its goods, services, or other accommodations to individuals based on disability. Reasonable modifications may include, but are not limited to: modifications to dress codes, providing alternative methods for accessing goods or services (such as curbside pickup for retail purchases), or changes to seating type or location (such as at a theater). In the case of a private entity, the private entity need not make the requested modification if it demonstrates that doing so would fundamentally alter the nature of its goods, services, or accommodations.

(e)Auxiliary aids and services

In addition to making reasonable modifications to policies and practices, a public accommodation must provide auxiliary aids and services when necessary to ensure that no individual is excluded, denied services, segregated, or otherwise discriminated against based on disability. Auxiliary aids and services may include, but are not limited to, sign language interpreters, foreign language translators, Braille texts, or a reader or taped reading of written materials. In the case of a private entity, the private entity need not provide the requested auxiliary aid/service if it demonstrates that doing so would fundamentally alter the nature of its goods, services, or accommodations.

(f)Service animals

It is unlawful for a public accommodation or its agents to refuse to permit the use of a service animal or otherwise discriminate against an individual with a disability who uses a service animal at the place of public accommodation, except that a service animal may be excluded from the public accommodation if it poses a direct threat to the health or safety of others, would result in substantial physical damage to the property of others, or would substantially interfere with the reasonable enjoyment of the public accommodation by others.

If the individual's need for a service animal is not readily observable, a public accommodation can ask two questions to determine whether or not the animal is a service animal that must be permitted:

1) Is the animal necessary because of a disability, and

2) what task or service has the animal been trained to perform. A public accommodation cannot ask for medical information, information about the individual's disability, proof that the animal has been trained, or proof that the animal has been spayed/neutered or vaccinated.

Service animals are not required to wear identification such as a vest or special harness. There is no requirement of formal training, and no special license for a service animal. Requests for "proof" such as certificates or licenses indicating that an animal is a service animal are impermissible. The fact that an individual with an animal has obtained such a document or that an animal is wearing a vest is not relevant to the question of whether the animal is a service animal within the meaning of the Act.

Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go. Public accommodations are not responsible for care or supervision of a service animal.

A public accommodation may ask an individual with a disability to remove a service animal from the premises if:

(i) The animal is out of control and the animal's handler does not take effective action to control it; or

(ii) The animal is not housebroken.

If a public accommodation properly excludes a service animal, it shall give the individual with a disability the opportunity to obtain goods, services, and accommodations without having the service animal on the premises.

The use of a service animal may not be conditioned on payment of a fee or deposit, If the public accommodation normally charges individuals for damage they cause, the individual is liable for any damage to the premises or facilities by the individual's service animal.

94-348 C.M.R. ch. 7, § 04