2020 New Mexico Statutes
Chapter 28 - Human Rights
Article 7 - Blind and Disabled Persons
Section 28-7-3 - Equal right to use public facilities.
A. Persons who are blind, visually impaired or who have another physical disability have the same right as others to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.
B. Persons who are blind, visually impaired or who have another physical disability are entitled to 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, lodging places, places of public accommodation, amusement or resort and any 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.
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 the person shall be liable for any damage done to the property or facilities by the dog.
D. The attorney general, district attorney or any person with a disability may file an action in the judicial district when a building has been built or altered and the work has not been accomplished in accordance with the current uniform building code, other applicable publications and established handicapped standards. The building official shall notify those applying for a permit that they shall comply with established standards. Any interested person may appeal the granting or denial of a waiver to the district court where the building is located. If the court finds that the building owner was required to comply with handicap access standards of the uniform building code and has failed to comply with such standards within a reasonable period of time, then the party filing action shall recover the court costs, attorney fees and appropriate injunctive relief to remedy the violation.
History: 1953 Comp., § 12-13-3, enacted by Laws 1967, ch. 232, § 3; recompiled as 1953 Comp., § 12-26-3, by Laws 1972, ch. 51, § 9; 1987, ch. 39, § 1; 2007, ch. 46, § 25.
ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
The 2007 amendment, effective June 15, 2007, made non-substantive language changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of state legislation forbidding discrimination in housing on account of physical handicap, 28 A.L.R.4th 685.
Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public, 82 A.L.R.4th 121.
Validity, construction, and application of § 302 of Americans with Disabilities Act (42 USCS § 12182), prohibiting discrimination on basis of disability by owners or operators of places of public accommodation, 136 A.L.R. Fed. 1
Who is recipient of, and what constitutes program or activity receiving, federal financial assistance for purposes of § 504 of Rehabilitation Act (29 U.S.C.A. § 794), which prohibits any program or activity receiving financial assistance from discriminating on basis of disability, 160 A.L.R. Fed. 297.
When are public entities required to provide services, programs, or activities to disabled individuals under Americans with Disabilities Act, 42 U.S.C.A. § 12132, 160 A.L.R. Fed. 637.
When does a public entity discriminate against individuals in its provision of services, programs, or activities under the Americans with Disabilities Act, 42 U.S.C.A. § 12132, 163 A.L.R. Fed. 339.
