New Mexico Attorney General
Santa Fe Office:
408 Galisteo Street
Santa Fe, New Mexico 87501
Phone: (505) 827-6000
Fax: (505) 827-5826
Santa Fe Mailing Address:
P.O. Drawer 1508
Santa Fe, NM 87504-1508
New Mexico Human Rights Commission
New Mexico Department of Labor - Education Bureau
1596 Pacheco Street, Suite 103
Santa Fe, NM 87505
Toll-free (800) 566-9471
Tel: (505) 827-6838
Fax: (505) 827-6878
28-7-19. Qualification as blind; examinations required.
"A. Qualification of a person as blind shall be determined by means of an eye examination by a licensed ophthalmologist. Blindness shall be the major handicap in cases of multiple handicaps. Persons who are not blind but who have been certified by a licensed ophthalmologist as suffering from a deteriorating condition which will result in blindness also qualify as blind" "B. The commission shall determine the procedure to be followed for the examination of any person to establish blindness and shall maintain a list of all ophthalmologists currently licensed in New Mexico. The person may choose any licensed ophthalmologist to make the examination and the cost shall be paid by the commission pursuant to its regulations."
28-7-4. Driver to take precautions approaching blind; liability for damage.
"The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly 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; provided that a totally blind or partially blind pedestrian not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed herein, shall have all the rights and privileges conferred by law upon other persons, and the failure of a totally blind pedestrian to carry such a cane or to use a guide dog in any such places, accommodations or conveyances shall not be held to constitute nor be evidence of contributory negligence."
As used in Section 28-11-3 NMSA 1978, "qualified assistance animal" means: A. a dog trained or being trained by a recognized school for training dogs to assist persons with disabilities; A. a dog trained or being trained by a recognized school for training dogs to assist persons with disabilities; B. an animal recognized as a service animal pursuant to the Americans with Disabilities Act of 1990; or C. any other animal approved by the governor's committee on concerns of the handicapped as acceptable in public places trained to provide some special assistance to a person with a disability.
28-11-3. Admittance of qualified assistance animals.
"Notwithstanding any other provision of law, a qualified assistance animal shall be admitted to any building open to the public and to all public accommodations such as restaurants, hotels, hospitals, swimming pools, stores, common carriers and theaters; provided that the qualified assistance animal is under the control of a person with a disability or a trainer of assistance animals. No person shall be required to pay any additional charges for his qualified assistance animal, but shall be liable for any damage done by his qualified assistance animal"
"Any person who violates any provision of Section 1 or 2 [28-11-2 or 28-11-3 NMSA 1978] of this act shall be guilty of a misdemeanor and, upon conviction, shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."
28-11-5. Findings and purpose; interference with assistance dog prohibited; criminal and civil penalties.
"A person who violates the provisions of this section is guilty of a misdemeanor and upon convicition shall be punished persuant to Section 31-19-1 NMSA 1978. A person convicted under this section may be ordered to pay restitution, including the cost of veterinary bills and replacement and training costs of the service animal, if required as a rsult of the violation." "As used in this section, "assistance animal" includes an animal recognized as a service animal pursuant to the Americans with Disabilities Act of 1990."
28-7-3. Equal right to use public facilities.
"C. Every totally or partially blind person shall have the right to be accompanied by a guide dog, specially trained for the purpose, in any of the places listed in this section without being required to pay an extra charge for the guide dog; provided that he shall be liable for any damage done to the property or facilities by the dog."
28-7-5. Interference with rights of blind; penalty.
"Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated herein, or otherwise interferes with the rights of a totally or partially blind or otherwise disabled person enumerated herein shall be guilty of a misdemeanor."
77-1-15.1. Regulation and licensure of dogs; impoundment of animals; qualified service animals exempt.
"No fee shall be charged for the licensure of qualified service animals who are trained to lead partially or totally blind persons, aid hearing impaired persons or assist mobility impaired persons."
Chapter 28: Human Rights
House Bill 569
Would bring NM into alignment with ADA, adding OT rights.
New Mexico Statutes
Check statutory law, chapter 28, section 11 (under Human Rights)