Date: Thu, 10 May 2018 10:22:43 -0400
From: .
Subject: re: Dogs and Kindness and Voting
After reading the post by Leela Ellis regarding the use of a service dog, I proceeded to do a Google search for “nc service animal laws”.
From the post, what seems to be at issue is whether some sort of credential or identification is required for service animals that grants them entrance to places where they would otherwise be prohibited.
The first result from this search was a link to the NC DHHS site: https://www2.ncdhhs.gov/
“Is there any required identification for Service Animals?
NO. A Service Animal may wear a vest, harness or display an ID, but this is not required.”
Which would seem to answer the question and says that the polling employees were in the wrong, but not so fast…
The second link was NC GS Chapter 168 Article 1: https://www.ncga.state.nc.
on Persons with disabilities. There seem to be two pertinent clauses:
1)§ 168-3. Right to use of public conveyances, accommodations, etc.
Persons with disabilities are entitled to 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 to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. (1973, c. 493, s. 1; 2005-450, s. 1.)
While it doesn’t expressly include polling places, I believe that the statute makes the intent clear and that this means that a service animal shall be permitted.
2)§ 168-4.2. May be accompanied by service animal.
(a) Every person with a disability has the right to be accompanied by a service animal trained to assist the person with his or her specific disability in any of the places listed in G.S. 168-3, and has the right to keep the service animal on any premises the person leases, rents, or uses. The person qualifies for these rights upon the showing of a tag, issued by the Department of Health and Human Services, under G.S. 168-4.3, stamped “NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION” and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. The service animal may accompany a person in any of the places listed in G.S. 168-3.
Note “The person qualifies for these rights upon the showing of a tag …… stamped “NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION”
So it would seem that the interpretation by the DHHS is wrong in that there is a requirement that the animal have a tag indicating that it is a service animal.
I can hardly fault the poll workers for not being aware of the regulations, which appear to be subject to varying interpretations too, but it seems to me that they made an attempt to accommodate the voter in accordance with their training.
Perhaps the correct course of action would be for Ms. Ellis to take this issue up with the Board Of Elections and ask them to review their process and procedures.