(1) The general assembly hereby declares that it is the policy of the state:
(a) To encourage and enable the blind, the visually impaired, the deaf, the partially deaf, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment;
(b) That the blind, the visually impaired, the deaf, the partially deaf, and the otherwise physically disabled shall be employed in the state service, the service of the political subdivisions of the state, the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied unless it is shown that the particular disability prevents the performance of the work involved;
(c) That the blind, the visually impaired, the deaf, the partially deaf, and the otherwise physically disabled have the same rights as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places;
(d) That the blind, the visually impaired, the deaf, the partially deaf, and the otherwise physically disabled are entitled to full and equal housing and full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation, hotels, motels, lodging places, places of public accommodation,
amusement, or resort, and other places to which the general public is invited, including restaurants and grocery stores; and that the blind, the visually impaired, the deaf, the partially deaf, or the otherwise physically disabled person assume the liability for any injury that he or she might sustain which is attributable solely to causes originating with the nature of the particular disability involved and otherwise subject only to the conditions and limitations established by law and applicable alike to all persons.
Any person, firm, or corporation or the agent of any person, firm, or corporation that denies or interferes with the rights and the admittance to or enjoyment of the public facilities enumerated in section 24-34-801 (1) (b) to (1) (d) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than sixty days, or by both such fine and
imprisonment.
Source: L. 79: Entire part R&RE, p. 940, § 3, effective July 1. L. 95: Entire section amended, p. 321, § 2, effective August 7.
ANNOTATION
Legislative intent in enacting this section and § 24-34-801 was to provide penalties for those employers who exclude handicapped persons from employment solely because of their disability. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).
Portions of § 24-34-801 confer new rights and duties, unknown at common law, and this section provides criminal penalties for violations thereof. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976).
There is no civil action for damages for a violation of § 24-34-801. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976).
Section 24-34-801 (1)(b) requires an individual consideration of each employment application to determine whether a particular person is prevented from performing the work by his particular disability. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).
A group hiring exclusion based on nature of handicap is prohibited. A hiring policy is prohibited which excludes from consideration a group whose members are determined by the nature of their handicap. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).
Exclusion of epileptics from positions in hospitals deemed violation. A hospital’s policy of excluding persons with a history of epilepsy from positions involving direct patient care is violative of section 24-34-801. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).
(1) A person with a disability, including but not limited to a blind, visually impaired, deaf, hard of hearing, or otherwise physically disabled person, has the right to be accompanied by an assistance dog specially trained for that person without being required to pay an extra charge for the assistance dog in or on the following places and subject to the conditions and limitations established by law and applicable alike to all persons:
(a) Public streets, highways, walkways, public buildings, public facilities and services, and other public places;
(b) Any place of public accommodation or on public transportation services; and
(c) Any housing accommodation offered for rent, lease, or other compensation in the state.
(2) A trainer of an assistance dog has the right to be accompanied by an assistance dog that the trainer is in the process of training without being required to pay an extra charge for the assistance dog in or on the following places:
(a) Public streets, highways, walkways, public buildings, public facilities and services, and other public places; and
(b) Any place of public accommodation or on public transportation services.
(3) (a) An employer shall not refuse to permit an employee with a disability who is accompanied by an assistance dog to keep the employee’s assistance dog with the employee at all times in the place of employment. An employer shall not fail or refuse to hire or discharge any person with a disability, or otherwise discriminate against any person with a disability, with respect to compensation, terms, conditions, or privileges of employment because that person with a disability is accompanied by an assistance dog specially trained for that person.
(b) An employer shall make reasonable accommodation to make the workplace accessible for an otherwise qualified person with a disability who is an applicant or employee and who is accompanied by an assistance dog specially trained for that person unless the employer can show that the accommodation would impose an undue hardship on the employer’s business. For purposes of this paragraph (b), “undue hardship” means an action requiring significant difficulty or expense.
(4) The owner or the person having control or custody of an assistance dog or an assistance dog in training is liable for any damage to persons, premises, or facilities, including places of housing accommodation and places of employment, caused by that person’s assistance dog or assistance dog in training. The person having control or custody of an assistance dog or an assistance dog in training shall be subject to the provisions of section 18-9-204.5, C.R.S.
(5) A person with a disability is exempt from any state or local licensing fees or charges that might otherwise apply in connection with owning an assistance dog.
(6) The mere presence of an assistance dog in a place of public accommodation shall not be grounds for any violation of a sanitary standard, rule, or regulation promulgated pursuant to section 25-4-1604, C.R.S.
(7) As used in this section, unless the context otherwise requires:
(a) “Assistance dog” means a dog that has been or is being trained as a guide dog, hearing dog, or service dog. Such terms are further defined as follows:
(I) “Guide dog” means a dog that has been or is being specially trained to aid a particular blind or visually impaired person.
(II) “Hearing dog” means a dog that has been or is being specially trained to aid a particular deaf or hearing impaired person.
(III) “Service dog” means a dog that has been or is being specially trained to aid a particular physically disabled person with a physical disability other than sight or hearing impairment.
(b) “Disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990″, 42 U.S.C. sec. 12102 (2), as amended.
(c) “Employer” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990″, 42 U.S.C. sec. 12111 (5), as amended.
(d) “Housing accommodations” means any real property or portion thereof that is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons but does not include any single family residence, the occupants of which rent, lease, or furnish for compensation not more than one room in that residence.
(e) “Places of public accommodation” means the following categories of private entities:
(I) Inns, hotels, motels, or other places of lodging, except establishments located within buildings actually occupied by the proprietor as the proprietor’s residence containing five or fewer rooms for rent or hire;
(II) Restaurants, bars, cafeterias, lunchrooms, lunch counters, soda fountains, casinos, or other establishments serving food or drink, including any such facility located on the premises of any retail establishment;
(III) Gasoline stations or garages;
(IV) Motion picture theaters, theaters, billiard or pool halls, concert halls, stadiums, sports arenas, amusement or recreation parks, or other places of exhibition or entertainment;
(V) Auditoriums, convention centers, lecture halls, or other places of public gathering;
(VI) Bakeries, grocery stores, clothing stores, hardware stores, shopping centers, or other sales or retail establishments;
(VII) Laundromats, dry cleaners, banks, barber shops, beauty shops, travel services, shoe repair services, funeral parlors, offices of accountants or attorneys-at-law, pharmacies, insurance offices, professional offices of health care providers, hospitals, or other service establishments;
(VIII) Terminals, depots, or other stations used for specified purposes;
(IX) Museums, libraries, galleries, or other places of public display or collection;
(X) Parks, zoos, or other places of recreation;
(XI) Nursery, elementary, secondary, undergraduate, or graduate schools or other places of education;
(XII) Day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies, or other social service center establishments;
(XIII) Gymnasiums, health spas, bowling alleys, golf courses, or other places of exercise or recreation;
(XIV) Any other establishment or place to which the public is invited; or
(XV) Any establishment physically containing or contained within any of the establishments described in this paragraph (e) that holds itself out as serving patrons of the described establishment.
(f) “Public transportation services” means common carriers of passengers or any other means of public conveyance or modes of transportation, including but not limited to airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or taxis.
(g) “Trainer of an assistance dog” means a person who is qualified to train dogs to serve as assistance dogs.
Source: L. 95: Entire section added, p. 321, § 3, effective August 7.
(1) It is unlawful for any person, firm, corporation, or agent of any person, firm, or corporation to:
(a) Withhold, deny, deprive, or attempt to withhold, deny, or deprive any person with a disability or trainer of any of the rights or privileges secured in section 24-34-803;
(b) Threaten to interfere with any of the rights of persons with disabilities or trainers secured in section 24-34-803;
(c) Punish or attempt to punish any person with a disability or trainer for exercising or attempting to exercise any right or privilege secured by section 24-34-803; or
(d) Interfere with, injure, or harm, or cause another dog to interfere with, injure, or harm, an assistance dog.
(2) Any person who violates any provision of subsection (1) of this section commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
(3) (a) Any person who violates any provision of subsection (1) of this section shall be liable to the person with a disability or trainer whose rights were affected for actual damages for economic loss, to be recovered in a civil action in a court in the county where the infringement of rights occurred or where the defendant resides.
(b) In any action commenced pursuant to this subsection (3), a court may award costs and reasonable attorney fees.
(4) Nothing in this section is intended to interfere with remedies or relief that any person might be entitled to pursuant to parts 3 to 7 of this article.
Source: L. 95: Entire section added, p. 325, § 3, effective August 7. L. 2002: (2) amended, p. 1534, § 254, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.