(1) It is unlawful for any person, firm, corporation, or agent of any person, firm, or corporation to:
Withhold, deny, deprive, or attempt to withhold, deny, or deprive a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal of any of the rights or privileges secured in section 24-34-803;
Threaten to interfere with any of the rights of a qualified individual with a disabilitywho is accompanied by a service animal or a trainer of a service animal secured in section 2434-803;
Punish or attempt to punish a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal for exercising or attempting to exercise any right or privilege secured by section 24-34-803; or
Interfere with, injure, or harm, or cause another dog to interfere with, injure, or harm,a service animal.
Any person who violates any provision of subsection (1) of this section commits aclass 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
(a) (I) Except as provided for in subparagraphs (II) and (III) of this paragraph (a), a person who violates any provision of subsection (1) of this section is liable to the qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal whose rights were affected for the penalties provided in section 24-34-802.
A person who willfully or wantonly causes harm to a service animal or a serviceanimal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.
The legal owner of an animal that is willfully or wantonly allowed to cause harm toa service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.
In any action commenced pursuant to this subsection (3), a court may award costsand reasonable attorney fees.
An animal care or control agency is exempt from the provisions of this subsection (3) if, after a good-faith effort, the agency is unaware that the animal is a service animal.
(4) Nothing in this section is intended to interfere with remedies or relief that any person might be entitled to pursuant to parts 3 to 7 of this article.
Source: L. 95: Entire section added, p. 325, § 3, effective August 7. L. 2002: (2) amended, p. 1534, § 254, effective October 1. L. 2014: (1) and (3)(a) amended and (3)(c) added, (SB 14-118), ch. 250, p. 982, § 13, effective August 6.
Editor's note: The provisions of subsection (3)(a) in SB 14-118 have been renumbered on revision to conform to statutory format.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.