NM Governor's Commission on Disability



The New Mexico Service Animal Act, (28-11-1.1 NMSA 1978 to 28-11-4 NMSA 1978) and the Americans with Disability Act (ADA) state only dogs and miniature horses can be considered a service animal. Under the New Mexico law, it is a misdemeanor to misrepresent a dog or miniature horse as service animal with fines up to $1,000 and less than one year of imprisonment (31-19-1 NMSA 1978).A qualified service animal must be individually trained to perform a task that benefits an individual with a disability. The task performed by a service animal must be directly related to the person’s disability.Emotional support animals, comfort animals or therapy animals are not considered service animals and are not protected under the New Mexico Service Animal Act or the ADA. Emotional support animals, comfort animals or therapy animals are only allowed in public places that permit pets in the area. Service animals must be allowed to enter buildings and other areas open to the public based on their service animal status.A service animal needs to be tethered, harnessed or leashed at all times. An exception is made if the handler is unable to use such devices due to their disability or if it would interfere with the trained task(s) the service animal performs. However, the service animal has to be under the handler’s control at all times with voice commands, signals or other effective means.If a service animal behaves in an unacceptable manner and is not under the control of the handler, the establishment does not have to allow the animal on the premises; however, the handler cannot be barred from the premises.Unacceptable behavior of a service animal:Shows threatening or aggressive behavior towards people or other animals, i.e., baring teeth, growling and other aggressive posturingBarks uncontrollably Runs away from the handlerMakes unsolicited contact with the general publicSolicits or steals foodService animals should be:Well trained, accustomed to being in the public, stay calm and quiet beside its handlerClean and well groomedHousebrokenBusinesses and covered entities have no responsibility for the care and supervision of a service animal including cleaning up after it.Guy Surdi, Disability Specialist (505) 476-0420 or toll-free (877) 696-1470gcd@state.nm.us ................
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