The Maine Service Dogs Welcome Poster states that pets providing comfort, emotional support or companionship are not allowed on the premises, only service dogs trained to assist a person with a disability.
Under section 4592.8 of the Maine Human Rights Act, places of public accommodation or any person who is the owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or employee of any public accommodation place is prohibited from refusing the use of a service animal or discriminate against an individual with a physical or mental disability who uses a service animal at the public accommodation.
Service animal is defined as “any animal that has been determined necessary for an individual with a physical or mental disability by a physician, psychologist, physician’s assistant, nurse practitioner, or licensed social worker; or any animal individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair, or fetching dropped items.” Places of public accommodation may refuse service animals only if the animal poses a direct threat to the health or safety of others.
Who is covered?
Under the law, place of public accommodation is defined as “a facility, operated by a public entity or private entity, whose operations fall within at least one of the following categories:
- An inn, hotel, motel or other place of lodging, whether conducted for the entertainment or accommodation of transient guests or those seeking health, recreation or rest;
- A restaurant, eating house, bar, tavern, buffet, saloon, soda fountain, ice cream parlor or other establishment serving or selling food or drink;
- A motion picture house, theater, concert hall, stadium, roof garden, airdrome or other place of exhibition or entertainment;
- An auditorium, convention center, lecture hall or other place of public gathering;
- A bakery, grocery store, clothing store, hardware store, shopping center, garage, gasoline station or other sales or rental establishment;
- A laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, dispensary, clinic, bathhouse or other service establishment;
- All public conveyances operated on land or water or in the air as well as a terminal, depot or other station used for specified public transportation;
- A museum, library, gallery or other place of public display or collection;
- A park, zoo, amusement park, race course, skating rink, fair, bowling alley, golf course, golf club, country club, gymnasium, health spa, shooting gallery, billiard or pool parlor, swimming pool, seashore accommodation or boardwalk or other place of recreation, exercise or health;
- A nursery, elementary, secondary, undergraduate or postgraduate school or other place of education;
- A day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment;
- Public elevators of buildings occupied by 2 or more tenants or by the owner and one or more tenants;
- A municipal building, courthouse, town hall or other establishment of the State or a local government; and
- Any establishment that in fact caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from, the general public.”
Posting Requirement
The Maine Service Dogs Welcome Poster is not a required poster. Places of public of accommodation can display this poster where all persons seeking or using the accommodations can easily see it.