Delaware Statutes, Title 16, Chapter 95, Section 9501 through 9506;Title 31 (amended 1984), Section 2117; Title 21, Part 3, Section 4144; Title 7, Sections 1701, 1715, 1717, Delaware statutes guarantee a blind person the legal right to be accompanied by a specially trained dog guide in all places and conveyances open to the general public. The only limitation is that a dog can be excluded where a "Clear Danger" or harm to others can be established. Also guaranteed to a dog guide user is the legal right to equal accommodation in all housing. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage the dog may cause to the premises. No modification of the premises is required, nor a higher standard of care necessary, other than that provided to other patrons and tenants. Public places or accommodations include hotels, restaurants, stores, places of resorts or amusement, and all other places which the general public is invited. (Title 16, Sect. 9502) Public conveyances include trains, buses, taxis, and all modes of transportation offered for public use. (Title 16, Sect. 9502) Housing covers all accommodations for rent or lease, except single family private dwellings. (Title 16, Sect. 9505) Every driver shall exercise due care to avoid colliding with a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red or accompanied by a guide dog, upon a roadway. (Title 21, Sect. 4144) Guide dog owners are required to obtain a license for the dog. They are exempt from licensing fee or tax. Furthermore, in addition to the dog license, the owner is required to have a dog license tag and be in possession of an identification card in order to access places of public accommodations. (Title 7, Sect. 1701) A fine will be levied against any person whose conduct results in harm, injury or mistreatment of dogs used to assist the blind. (Title 7, Sect. 1717) Owners or custodians of dogs are prohibited to have animals upon designated swimming or sunbathing areas of a state coastal beach strand at anytime between May 1 and September 30, inclusive, of any year, except when such a dog is on said property guiding a blind person. (Title 7, Sect. 1715) Violation: Any person, firm, corporation or agent thereof who interferes with the above legally established rights is guilty of a misdemeanor and is punishable by a fine not to exceed $100 for each offense, or up to three months in jail, or both. (Title 16, Sect. 9506, Title 31, Sect. 2117)
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