2013 Indiana Code TITLE 16. HEALTH ARTICLE 32. PERSONS WITH DISABILITIES CHAPTER 3. RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS
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IC 16-32-3
Chapter 3. Rights of Blind and Other Physically Disabled
Persons
IC 16-32-3-1
Public policy
Sec. 1. It is the policy of this state to encourage and enable
individuals who are blind, individuals with a visual disability, and
other individuals with a physical or mental disability to participate
fully in the social and economic life of the state and to engage in
remunerative employment.
As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.65;
P.L.99-2007, SEC.155; P.L.155-2009, SEC.1.
IC 16-32-3-1.5
Service animals
Sec. 1.5. As used in this chapter, "service animal" refers to an
animal trained as:
(1) a hearing animal;
(2) a guide animal;
(3) an assistance animal;
(4) a seizure alert animal;
(5) a mobility animal;
(6) a psychiatric service animal; or
(7) an autism service animal.
As added by P.L.155-2009, SEC.2.
IC 16-32-3-2
Public accommodations; service animals
Sec. 2. (a) As used in this section, "public accommodation" means
an establishment that caters or offers services, facilities, or goods to
the general public. The term includes the following educational
facilities:
(1) A nursery school.
(2) An elementary school.
(3) A secondary school.
(4) An undergraduate or postgraduate public or private
institution.
(5) Other places of education.
(b) A person who:
(1) is totally or partially blind;
(2) is deaf or hard of hearing; or
(3) has a physical or mental disability;
is entitled to be accompanied by a service animal, especially trained
for the purpose, in any public accommodation without being required
to pay an extra charge for the service animal. However, the person is
liable for any damage done to the accommodation by the service
animal.
(c) A person who:
(1) refuses access to a public accommodation; or
(2) charges a fee for access to a public accommodation;
to a person who is totally or partially blind, who is deaf or hard of
hearing, or who has a physical or mental disability, because that
person is accompanied by a service animal commits a Class C
infraction.
(d) A service animal trainer, while engaged in the training process
of a service animal, is entitled to access to any public
accommodation granted by this section.
As added by P.L.2-1993, SEC.15. Amended by P.L.99-2007,
SEC.156; P.L.155-2009, SEC.3; P.L.109-2012, SEC.12.
IC 16-32-3-3
Offenses; failure to take precautions to avoid injury to blind
pedestrian; unauthorized carrying of cane
Sec. 3. (a) A person not totally blind who:
(1) approaches a totally or partially blind pedestrian carrying a
cane predominantly white or metallic in color, with or without
a red tip, or using a service animal; and
(2) fails to take all necessary precautions to avoid injury to the
blind pedestrian;
commits a Class C infraction.
(b) A person not totally or partially blind who carries, in a public
place, a cane or walking stick that is white and tipped with red
commits a Class C infraction.
As added by P.L.2-1993, SEC.15. Amended by P.L.155-2009, SEC.4.
IC 16-32-3-4
White Cane Safety Day
Sec. 4. Each year the governor shall take suitable public notice of
October 15 as "White Cane Safety Day". The governor shall issue a
proclamation in which the governor does the following:
(1) Comments upon the significance of the white cane.
(2) Calls upon the citizens of Indiana to observe the provisions
of the white cane law and to take precautions necessary to the
safety of individuals with a disability.
(3) Reminds the citizens of Indiana of the policies with respect
to individuals with a disability and urges the citizens to
cooperate in giving effect to the policies.
(4) Emphasizes the need of the citizens to do the following:
(A) Be aware of the presence of individuals with a disability
in the community.
(B) Keep safe and functional for individuals with a disability
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.
(C) Offer assistance to individuals with a disability upon
appropriate occasions.
As added by P.L.2-1993, SEC.15. Amended by P.L.99-2007,
SEC.157.
IC 16-32-3-5
Public employment; terms and conditions
Sec. 5. It is the policy of this state that individuals who are blind,
individuals with a visual disability, and other individuals with a
physical or mental disability shall be employed in:
(1) the state service;
(2) the service of the political subdivisions of the state;
(3) the public schools; and
(4) 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.
As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.66;
P.L.99-2007, SEC.158; P.L.155-2009, SEC.5.
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