Minnesota Statutes 609.833 – Misrepresentation of Service Animal
Subdivision 1.Definitions.
As used in this section:
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor | up to 90 days | up to $1,000 |
| Petty misdemeanor | up to $300 |
Terms Used In Minnesota Statutes 609.833
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
(1) “place of public accommodation” has the meaning given in section 363A.03, subdivision 34; and
(2) “service animal” has the meaning given in 28 C.F.R. § 36.104, as amended through March 1, 2018.
Subd. 2.Prohibited conduct.
A person may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that person’s possession as a service animal in any place of public accommodation to obtain any rights or privileges available to a person who qualifies for a service animal under state or federal law knowing that the person is not entitled to those rights or privileges.
Subd. 3.Penalty.
(a) Except as provided in paragraph (b), a person who violates subdivision 2 is guilty of a petty misdemeanor.
(b) A person who violates subdivision 2 a second or subsequent time is guilty of a misdemeanor.
Subd. 4.Notice.
(a) A conspicuous sign may be posted in a location accessible to public view in a place of public accommodation that contains the following, or substantially similar, language:
“NOTICE
Service Animals Welcome. It is illegal for a person to misrepresent an animal in that person’s possession as a service animal.”
(b) The Council on Disability may prepare and make available to businesses a brochure detailing permissible questions a business owner may ask to determine whether an animal is a service animal, proper answers to those questions, and guidelines defining unacceptable behavior.