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Nebraska Attorney General
2115 State Capitol
Lincoln, NE 68509
1-800-727-6432
402-471-2682

Nebraska Equal Opportunity Commission
301 Centennial Mall South, 5th Floor
P.O. Box 94934
Lincoln, NE 68509-4934
Tel: (800) 642-6112/(402) 471-2024
Fax: (402) 471-4059

State Code

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Trainers
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http://uniweb.legislature.ne.gov/legaldocs/view.php?page=index_statutes
PSD not mentioned: trainers allowed: SDIT allowed
Chapter 20
Section 20-126
Statement of policy.

It is the policy of this state to encourage and enable blind, visually handicapped, hearing-impaired, or physically disabled persons to participate fully in the social and economic life of the state and to engage in remunerative employment
Source:
Laws 1971, LB 496, § 1
R.S.Supp.,1971, § 43-633
Laws 1980, LB 932, § 1
Laws 1997, LB 254, § 2
Effective date March 1, 1997

Section 20-126.01
For purposes of sections 20-126 to 20-131:

(1) Physically disabled person means a person with a physical disability other than hearing impairment, blindness, or visual handicap; and

(2) Service dog means any dog individually trained to do work or perform tasks for the benefit of a physically disabled person, including, but not limited to, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
Source:
Laws 1997, LB 254, § 1
Effective date March 1, 1997

Section 20-127
Rights enumerated.

(1) A blind, visually handicapped, deaf or hard of hearing, or physically disabled person has the same right as any other person to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.

(2) A blind, visually handicapped, deaf or hard of hearing, or physically disabled person is entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, any other public conveyances or modes of transportation, 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 and applicable alike to all persons.

(3) A totally or partially blind person has the right to be accompanied by a dog guide, a deaf or hard of hearing person has the right to be accompanied by a hearing dog, a physically disabled person has the right to be accompanied by a service dog, especially trained for the purpose, and a bona fide trainer of a dog guide, hearing dog, or service dog has the right to be accompanied by such dog in training in any of the places listed in subsection (2) of this section without being required to pay an extra charge for the dog guide, hearing dog, or service dog. Such person shall be liable for any damage done to the premises or facilities or to any person by such dog.

(4) A totally or partially blind person has the right to make use of a white cane in any of the places listed in subsection (2) of this section.
Source:
Laws 1971, LB 496, § 2
R.S.Supp.,1971, § 43-634
Laws 1980, LB 932, § 2
Laws 1997, LB 254, § 3
Laws 2003, LB 667, § 1

Annotations:

This section is a penal statute, and it must be strictly construed. By the inclusion of the phrase "and other places to which the general public is invited" in subsection (2) of this section, the Legislature evidenced its intent that this statute should apply whenever the general public is invited to a given place at a given time. Softball fields are "places to which the general public is invited" under subsection (2). This section is not limited by considerations of safety. Loewenstein v. Amateur Softball Assn., 227 Neb. 454, 418 N.W.2d 231 (1988).

Section 20-128
Pedestrian using cane, dog guide, hearing aid dog, or service dog; driver of vehicle; duties; violation; damages.

In addition to the provisions of sections 28-1313 and 28-1314, the driver of a vehicle approaching (1) a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color or using a dog guide, (2) a hearing-impaired pedestrian who is using a hearing aid dog, or (3) a physically disabled pedestrian who is using a service dog shall take all necessary precautions to avoid injury to such pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian. A totally or partially blind pedestrian not carrying such a cane or using a dog guide, a hearing-impaired pedestrian not using a hearing aid dog, or a physically disabled pedestrian not using a service dog in any of the places, accommodations, or conveyances listed in section 20-127 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 such a cane or to use a dog guide, of a hearing-impaired pedestrian to use a hearing aid dog, or of a physically disabled pedestrian to use a service dog in any such places, accommodations, or conveyances does not constitute and is not evidence of contributory negligence.

Source:
Laws 1971, LB 496, § 3
R.S.Supp.,1971, § 43-635
Laws 1978, LB 748, § 2
Laws 1980, LB 932, § 3
Laws 1997, LB 254, § 4
Effective date March 1, 1997

Section 20-129
Denying or interfering with admittance to public facilities; penalty.

(1) Any person or agent of such person who denies or interferes with admittance to or enjoyment of the public facilities enumerated in section 20-127 or otherwise interferes with the rights of a totally or partially blind, deaf or hard of hearing, or physically disabled person under section 20-127 or sections 20-131.01 to 20-131.04 is guilty of a Class III misdemeanor.

(2) Any person or agent of such person who denies or interferes with admittance to or enjoyment of the public facilities enumerated in section 20-127 or otherwise interferes with the rights of a bona fide trainer of a dog guide, hearing dog, or service dog when training such dog under section 20-127 is guilty of a Class III misdemeanor.

Source:
Laws 1971, LB 496, § 4
R.S.Supp.,1971, § 43-636
Laws 1975, LB 83, § 5
Laws 1977, LB 40, § 76
Laws 1980, LB 932, § 4
Laws 1997, LB 254, § 5
Laws 2003, LB 667, § 2

Section 20-130
White Cane Safety Day; proclamation; Governor issue.

Each year, the Governor shall take suitable public notice of October 15 as White Cane Safety Day. He shall issue a proclamation in which he:

(1) Comments upon the significance of the white cane;

(2) Calls upon the citizens of the state to observe the provisions of sections 20-126 to 20-131 and to take precautions necessary to the safety of the disabled;

(3) Reminds the citizens of the state of the policies with respect to the disabled set forth in sections 20-126 to 20-131 and urges the citizens to cooperate in giving effect to them; and

(4) Emphasizes the need of the citizens to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.
Source:
Laws 1971, LB 496, § 5
R.S.Supp.,1971, § 43-637

Section 20-131
Employment by state and political subdivisions; policy.

It is the policy of this state that persons with disabilities shall be employed by the state, the political subdivisions of the state, the public schools, and all other employment supported in whole or in part by public funds on the same terms and conditions as persons without disabilities as required by the Nebraska Fair Employment Practice Act.

Source:
Laws 1971, LB 496, § 6
R.S.Supp.,1971, § 43-638
Laws 1993, LB 360, § 1
Cross References:
Nebraska Fair Employment Practice Act, see section 48-1125.

Annotations:
This section setting forth the policy of the state to employ the blind and visually handicapped does not require the employment of firemen with visual handicaps where that disability would prevent the performance of the work involved. McCrea v. Cunningham, 202 Neb. 638, 277 N.W.2d 52 (1979).

Section 20-131.01
Full and equal enjoyment of housing accommodations; statement of policy.

It is the intent of the Legislature that blind persons, visually handicapped persons, hearing-impaired persons, and other physically disabled persons shall be entitled to full and equal access to all housing accommodations offered for rent, lease, or compensation in this state.

Source:
Laws 1975, LB 83, § 1
Laws 1980, LB 932, § 5

Section 20-131.02
Housing accommodations; terms, defined.

For purposes of sections 20-131.01 to 20-131.04, unless the context otherwise requires:

(1) Housing accommodations means any real property which is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings. Housing accommodations does not include any single-family residence in which the owner lives and in which any room is rented, leased, or provided for compensation to persons other than the owner or primary tenant;

(2) Physically disabled person means a person with a physical disability other than hearing impairment, blindness, or visual handicap; and

(3) Service dog means any dog individually trained to do work or perform tasks for the benefit of a physically disabled person, including, but not limited to, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

Source:
Laws 1975, LB 83, § 2
Laws 1997, LB 254, § 6
Effective date March 1, 1997

Section 20-131.03
Housing accommodations; modification; not required.

Nothing in sections 20-131.01 to 20-131.04 shall require any person who rents, leases, or provides housing accommodations for compensation to modify such person's property in any way to accommodate the special needs of any lessee.

Source:
Laws 1975, LB 83, § 3

Section 20-131.04
Dog guide, hearing aid dog, or service dog; access to housing accommodations; terms and conditions.

Every totally or partially blind person who has a dog guide or who obtains a dog guide, every hearing-impaired person who has a hearing aid dog or who obtains a hearing aid dog, and every physically disabled person who has a service dog or obtains a service dog shall have full and equal access to all housing accommodations with such dog as prescribed in sections 20-131.01 to 20-131.04. Such person shall not be required to pay extra compensation for such dog. Such person shall be liable for any damage done to such premises by such dog. Any person who rents, leases, or provides housing accommodations for compensation may demand or receive a reasonable dog deposit, not to exceed one-fourth of one month's periodic rent, from any totally or partially blind person who has or obtains a dog guide, from any hearing-impaired person who has or obtains a hearing aid dog, or from any physically disabled person who has or obtains a service dog.

Source:
Laws 1975, LB 83, § 4
Laws 1980, LB 932, § 6
Laws 1997, LB 254, § 7
Effective date March 1, 1997

Section 20-132
Full and equal enjoyment of accommodations.

All persons within this state shall be entitled to a full and equal enjoyment of any place of public accommodation, as defined in sections 20-132 to 20-143, without discrimination or segregation on the grounds of race, color, sex, religion, national origin, or ancestry.

Source:
Laws 1969, c. 120, § 18, p. 550
R.R.S.1943, § 20-122
Laws 1973, LB 112, § 1

Section 20-133
Places of public accommodation, defined.

As used in sections 20-132 to 20-143, unless the context otherwise requires, places of public accommodation shall mean all places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages, and accommodations for the peace, comfort, health, welfare, and safety of the general public and such public places providing food, shelter, recreation, and amusement including, but not limited to:

(1) Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(2) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including but not limited to any such facility located on the premises of any retail establishment;

(3) Any gasoline station, including all facilities located on the premises of such station and made available to the patrons thereof;

(4) Any motion picture house, theatre, concert hall, sports arena, stadium, or other place of exhibition or entertainment;

(5) Any public facility owned, operated, or managed by or on behalf of this state or any agency or subdivision thereof, or any public corporation, and any such facility supported in whole or in part by public funds; and

(6) Any establishment which is physically located within the premises of any establishment otherwise covered by this section or within the premises of which is physically located any such covered establishment and which holds itself out as serving patrons of such covered establishment.

Source:
Laws 1973, LB 112, § 2

Section 20-134
Discriminatory practices; violation; penalty.

Any person who directly or indirectly refuses, withholds from, denies, or attempts to refuse, withhold, or deny, to any other person any of the accommodations, advantages, facilities, services, or privileges, or who segregates any person in a place of public accommodation on the basis of race, creed, color, sex, religion, national origin, or ancestry, shall be guilty of discriminatory practice and shall be subject to the penalties of sections 20-132 to 20-143.

Source:
Laws 1973, LB 112, § 3
Laws 1974, LB 681, § 2

Section 20-137
Religious preference; not violation of discriminatory practice.

Any place of public accommodation owned by or operated on behalf of a religious corporation, association, or society which gives preference in the use of such place to members of the same faith as that of the administering body shall not be guilty of discriminatory practice.

Source:
Laws 1973, LB 112, § 6

Section 20-138
Private club or establishment not open to public; applicability of sections.

The provisions of sections 20-132 to 20-143 shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishments are made available to the customers or patrons of an establishment within the scope of section 20-133.

Source:
Laws 1973, LB 112, § 7

Section 20-140
Unlawful discriminatory practice; complaint; file with commission; contents; resolution of complaint; confidential; violation; penalty.

Any person claiming to be aggrieved by an unlawful discriminatory practice may by himself, his agent, or his attorney file with the commission a verified complaint in writing which shall state the name and address of the person alleged to have committed the unlawful discriminatory practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the commission. The Attorney General shall, in like manner, make, sign, and file such complaint.

After the filing of such complaint, the commission shall furnish the person named in the complaint with a copy of the charge and make an investigation of such charge, but such charge shall not be made public by the commission. If the commission determines after such investigation that there is reasonable cause to believe that the charge is true, the commission shall endeavor to eliminate any such alleged unlawful practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during or as a part of such endeavors may be made public by the commission without the written consent of the parties or used as evidence in a subsequent proceeding except as provided in subsection (2) of section 20-141. Any officer or employee of the commission who shall make public in any manner whatever any information in violation of this subsection shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars or imprisoned not more than thirty days.

Source:
Laws 1973, LB 112, § 9
Cross References:
For provisions of Equal Opportunity Commission, see sections 48-1116 and 48-1117.

Section 20-141
Failure to eliminate unlawful practice by conference, conciliation, and persuasion; written notice; hearing; procedure.

(1) In case of failure to eliminate any unlawful practice by informal methods of conference, conciliation, and persuasion, the commission shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, requiring the person named in the complaint, hereinafter referred to as respondent, to answer the charges of the complaint at a public hearing, at a time and place to be specified in the notice. The place of the hearing shall be in the county in which the alleged discrimination occurred.

(2) The case in support of the complaint shall be presented before the commission by an attorney on the staff of the Attorney General, and the investigator who made the investigation shall not participate in the hearings except as a witness, nor shall he participate in the deliberation of the commission in the case. Evidence concerning endeavors at conciliation may be included.

(3) The respondent may file a written verified answer to the complaint and appear at the hearing with or without counsel, submit testimony, and compel the appearance of witnesses and records in his behalf. At the discretion of the commission, the complainant may be allowed to intervene and present testimony in person or by counsel. The commission may reasonably and fairly amend any complaint either prior to or during the hearing in accordance with facts developed by the investigation or adduced in evidence at the hearing, and the respondent may amend his answer in the same manner. The testimony taken at the hearing shall be under oath and be transcribed.

(4) If, upon all the evidence at the hearing, the commission finds that a respondent has engaged in an unlawful discriminatory practice as defined in sections 20-132 to 20-143, the commission shall state its findings of fact and shall issue and cause to be served on the respondent an order requiring the respondent to cease and desist from the unlawful discriminatory practice and to take such affirmative action, including, but not limited to, the extension of full, equal, and unsegregated accommodations, advantages, facilities, and privileges to all persons as in the judgment of the commission will effectuate the purposes of sections 20-132 to 20-143, including a requirement for a report of the manner of compliance.

(5) If, upon all the evidence, the commission finds that a respondent has not engaged in any unlawful discriminatory practice, the commission shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing the complaint as to the respondent. A copy of the order shall be delivered in all cases to the Attorney General and such other public officers as the commission deems proper.

(6) The commission shall establish rules of practice to govern, expedite, and effectuate the procedure set forth in this section and its own actions thereunder. Any complaint filed pursuant to this section must be so filed within ten days after the alleged act of discrimination and the complainant shall give written notice of the filing of the complaint and furnish a copy thereof to the party complained against.

Source:
Laws 1973, LB 112, § 10
Cross References:
For provisions of Equal Opportunity Commission, see sections 48-1116 and 48-1117.

Nebraska Dog license fee exemption service dogs
Chapter 54
Section 54-603
Dogs; license tax; amount.

(1) Any county, city, or village shall have authority by ordinance or resolution, to impose a license tax in an amount which shall be determined by the appropriate governing body, on the owner or harborer of any dog or dogs, to be paid under such regulations as shall be provided by such ordinance or resolutions.

(2) Every dog guide, hearing aid dog, and service dog shall be licensed as required by local ordinances or resolutions, but no license tax shall be charged upon a showing by the owner that the dog is a graduate of a recognized training school for dog guides, hearing aid dogs, or service dogs. Upon the retirement or discontinuance of the dog as a dog guide, hearing aid dog, or service dog, the owner of the dog shall be liable for the payment of a license tax as prescribed by local ordinances or resolutions.

Source:
Laws 1877, § 3, p. 156
R.S.1913, § 174

Nebraska State Law Penalties
Chapter 28
Section 28-1009.01
Violence on a service dog; interference with a service dog; penalty.

(1) A person commits the offense of violence on a service dog when he or she (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, harass, or threaten a dog that he or she knows or has reason to believe is a dog guide for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person, or a service dog for a physically limited person.

(2) A person commits the offense of interference with a service dog when he or she (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionally impede, interfere, or threaten to impede or interfere with a dog that he or she knows or has reason to believe is a dog guide for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person, or a service dog for a physically limited person.

(3) Evidence that the defendant initiated or continued conduct toward a dog as described in subsection (1) or (2) of this section after being requested to avoid or discontinue such conduct by the blind, visually impaired, deaf, hearing-impaired, or physically limited person being served or assisted by the dog shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally.

(4) For purposes of this section:

(a) Blind person means a person with totally impaired vision or with vision, with or without correction, which is so severely impaired that the primary means of receiving information is through other sensory input, including, but not limited to, braille, mechanical reproduction, synthesized speech, or readers;

(b) Deaf person means a person with totally impaired hearing or with hearing, with or without amplification, which is so severely impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading;

(c) Hearing-impaired person means a person who is unable to hear air conduction thresholds at an average of forty decibels or greater in the person's better ear;

(d) Physically limited person means a person having limited ambulatory abilities, including, but not limited to, having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger; and

(e) Visually impaired person means a person having a visual acuity of 20/200 or less in the person's better eye with correction or having a limitation to the person's field of vision so that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees.

(5) Violence on a service dog or interference with a service dog is a Class III misdemeanor.

Source:
Laws 1997, LB 814, § 1