§ 704.145 — Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; exception; liability for damage; person subject to same conditions and limitations as others; remedies

Nevada § 704.145

• Jurisdiction: Nevada
• Title 58: ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
• Ch. 704: Regulation

Text

1. Except as otherwise provided in subsection 2, it is unlawful for a common carrier or other means of public conveyance or transportation operating in this State to:
(a) Refuse service to a person with a disability because the person is accompanied by a service animal;
(b) Refuse service to a person who is training a service animal because the person is accompanied by the service animal in training; or
(c) Charge an additional fee or a deposit for a service animal or service animal in training.
2. A common carrier or other means of public conveyance or transportation is not required to comply with the provisions of subsection 1 with regard to a service animal or service animal in training that is a miniature horse if it determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.
3. This section does not relieve a person with a disability who is accompanied by a service animal or a person who is accompanied by a service animal in training from liability for damage which may be caused by the service animal or service animal in training.
4. Persons with disabilities accompanied by service animals on common carriers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons without disabilities who are not so accompanied.
5. A common carrier or other means of public conveyance or transportation operating in this State that violates any of the provisions of subsection 1 is civilly liable to the person against whom the violation was committed for:
(a) Actual damages;
(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and
(c) Reasonable attorney’s fees as determined by the court.
6. The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.
7. As used in this section:
(a) “Service animal” has the meaning ascribed to it in NRS 426.097 .
(b) “Service animal in training” has the meaning ascribed to it in NRS 426.099 .

Legislative History

(Added to NRS by 1969, 587 ; A 1971, 1059 ; 1973, 1499 ; 1981, 1921 ; 1987, 825 ; 1995, 1996 ; 1997, 76 ; 2003, 2639 , 2978 ; 2005, 634 ; 2015, 273 )