State laws Tennessee
From Service Dog Training
State laws in Tennessee.
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(a) (1) (A) No proprietor, employee or other person in charge of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating house, barber shop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public educational institution or elevator, shall refuse to permit a blind, physically disabled or deaf or hard of hearing person to enter such place or to make use of the accommodations therein provided, when such accommodations are available for the reason that such blind, physically disabled or deaf or hard of hearing person is being led or accompanied by a dog guide; provided, that such dog guide, when led or accompanied by a blind person or physically disabled person, is wearing a harness and is held on a leash by the blind or physically disabled person, or when led or accompanied by a deaf or hard of hearing person, is held on a leash by the deaf or hard of hearing person; and provided further, that such blind or deaf or hard of hearing person or physically disabled person shall first have presented for inspection credentials issued by an accredited school for training dog guides.
(B) (i) No proprietor, employee or other person in charge of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating house, barber shop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public educational institution or elevator, shall refuse to permit a dog guide trainer to enter such place or to make use of the accommodations therein provided, when such accommodations are available for the reason that the dog guide trainer is being led or accompanied by a dog guide in training; provided, that such dog guide in training, when led or accompanied by a dog guide trainer, is wearing a harness and is held on a leash by the dog guide trainer, or when led or accompanied by a dog guide trainer, is held on a leash by the dog guide trainer; and provided further, that the dog guide trainer shall first have presented for inspection credentials issued by an accredited school for training dog guides.
(ii) For purposes of this section, “dog guide in training” shall include dogs being raised for an accredited school for training dog guides; provided, however, that a dog being raised for such purpose is:
(a) Being held on a leash and is under the control of its raiser or trainer who shall have available for inspection credentials from the accredited school for which the dog is being raised; and
(b) Wearing a collar, leash, or other appropriate apparel or device that identifies such dog with the accredited school for which it is being raised.
“Dog guide in training” shall also include the socialization process that occurs with such dog's trainer or raiser prior to the dog's advanced training; provided, that such socialization process is under the authorization of an accredited school.
(2) (A) In the case of deaf or hard of hearing persons, in lieu of credentials from an accredited school for training dog guides, the deaf or hard of hearing person may apply at the Tennessee Council for the Deaf and Hard of Hearing (TCDHH) for credentials. The application shall be accompanied by affidavits from the owner or owners and from someone involved in training the dog, stating that the dog for which the license is sought has been trained to aid the deaf or hard of hearing. Forms for affidavits required under this subsection (a) shall be made available by TCDHH. After receiving these affidavits, TCDHH shall issue appropriate credentials certifying the dog as a guide dog for the deaf or hard of hearing person.
(B) The TCDHH shall promulgate rules and regulations in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish uniform criteria to govern application for and issuance of credentials by the TCDHH for such dog guides for deaf or hard of hearing persons.
(b) A violation of this section is a Class C misdemeanor.
[Acts 1955, ch. 1, §§ 1, 2; 1980, ch. 488, § 3; T.C.A., § 62-717; Acts 1982, ch. 748, § 1; 1984, ch. 612, § 1; 1989, ch. 591, § 113; 1996, ch. 668, § 1; 2001, ch. 174, § 13; 2003, ch. 123, § 1.]
Overview
This law provides access to service dog users, provided they first present their credentials for inspection. Since this law provides significantly less protection than the ADA, the ADA's guidelines for public access would be followed in this state.
Note: The last time this law was amended was 2003, well after the passage of the ADA. If you are a service dog user in Tennessee, consider speaking to your legislator about the unusually restrictive laws in Tennessee. (And of course, the fact that it's completely unenforceable, since the ADA provides greater protection.)
State laws may be superseded by the ADA. For the text of the ADA, click here. For general information about service dogs, click here. If you are looking for information on service dogs in places of business, check out our Information for businesses.
All opinions and summaries on this page are my own and should not be construed as legal advice. If you are in need of advice on the state or federal laws applicable to service dogs you should contact a lawyer. Last revised 9/26/2009
