2/17/06

White Cane Law

Wash. St.

Chapter 70.84 RCW
BLIND, HANDICAPPED, AND DISABLED PERSONS -- "WHITE CANE LAW"

RCW SECTIONS

NOTES:
Dog guide or service animal, interfering with: RCW 9.91.170 .

The legislature declares:

     (1) It is the policy of this state to encourage and enable the blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled to participate fully in the social and economic life of the state, and to engage in remunerative employment.

     (2) As citizens, the blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled have the same rights as the able-bodied to the full and free use of the streets, highways, walkways, public buildings, public facilities, and other public places.

     (3) The blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities, and privileges on common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, and all other public conveyances, as well as in hotels, lodging places, places of public resort, accommodation, assemblage or amusement, and all other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
[1980 c 109 § 1; 1969 c 141 § 1.]

For the purpose of this chapter, the term "dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.
[1997 c 271 § 18; 1980 c 109 § 2; 1969 c 141 § 2.]

RCW 70.84.040
Precautions for drivers of motor vehicles approaching pedestrian who is using a white cane, dog guide, or service animal.
The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white in color (with or without a red tip), a totally or partially blind or hearing impaired pedestrian using a dog guide, or an otherwise physically disabled person using a service animal shall take all necessary precautions to avoid injury to such pedestrian. Any driver who fails to take such precaution shall be liable in damages for any injury caused such pedestrian. It shall be unlawful for the operator of any vehicle to drive into or upon any crosswalk while there is on such crosswalk, such pedestrian, crossing or attempting to cross the roadway, if such pedestrian is using a white cane, using a dog guide, or using a service animal. The failure of any such pedestrian so to signal shall not deprive him of the right of way accorded him by other laws.
[1997 c 271 § 20; 1985 c 90 § 3; 1980 c 109 § 4; 1971 ex.s. c 77 § 1; 1969 c 141 § 4.]

A totally or partially blind pedestrian not carrying a white cane or a totally or partially blind or hearing impaired pedestrian not using a dog guide in any of the places, accommodations, or conveyances listed in RCW 70.84.010, shall have all of the rights and privileges conferred by law on other persons.
[1997 c 271 § 21; 1980 c 109 § 5; 1969 c 141 § 5.]

It shall be unlawful for any pedestrian who is not totally or partially blind to use a white cane or any pedestrian who is not totally or partially blind or is not hearing impaired to use a dog guide or any pedestrian who is not otherwise physically disabled to use a service animal in any of the places, accommodations, or conveyances listed in RCW 70.84.010 for the purpose of securing the rights and privileges accorded by the chapter to totally or partially blind, hearing impaired, or otherwise physically disabled people.
[1997 c 271 § 22; 1985 c 90 § 4; 1980 c 109 § 6; 1969 c 141 § 6.]

Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation, who denies or interferes with admittance to or enjoyment of the public facilities enumerated in RCW 70.84.010, or otherwise interferes with the rights of a totally or partially blind, hearing impaired, or otherwise physically disabled person as set forth in RCW 70.84.010 shall be guilty of a misdemeanor.
[1985 c 90 § 5; 1980 c 109 § 7; 1969 c 141 § 7.]

RCW 70.84.040 was adopted in two parts. The first part charges drivers encountering blind pedestrians with an enhanced duty of care – the duty to take "all necessary precautions". RCW 70.84.040. The statute directs that drivers who fail to exercise this enhanced care and thereby cause injury to a blind pedestrian "shall be liable" in damages. RCW 70.84.040. The Legislature added the first part of the current statute in 1969 as an additional protection for blind pedestrians. Laws of 1969, ch. 141, § 4. This enhanced protection is triggered by the presence of a person carrying a white cane or in the company of a guide dog. The statute provides that the blind pedestrian carry "a cane predominantly white in color" or use a guide dog. RCW 70.84.040.
The second part of the statute is the original statute adopted in 1945. Laws of 1945, ch. 105, §§ 1, 2. This part of the statute makes it unlawful to enter a crosswalk if a blind pedestrian "indicates his intention to cross" by waving a white cane or by using a guide dog. RCW 70.84.040. In the absence of a signal from the blind pedestrian a driver may proceed, held only to the standard of care described in the first part of the statute. While failure of the blind person to signal deprives that person of the "extra" right of way, the blind person will have the right of way accorded sighted persons. For example, if a "walk" signal grants pedestrians the right of way at an intersection, a blind pedestrian's failure to wave his or her white cane "shall not deprive" the pedestrian of the right of way granted by the signal. RCW 70.84.040. The Plaintiff contends that the Legislature intended to impose strict liability when it adopted the 1969 amendment.

Chapter 70.84
BLIND, HANDICAPPED, AND DISABLED PERSONS -- "WHITE CANE LAW"
70.84.030 Guide or service dog -- Extra charge or refusing service because of prohibited. [1985 c 90 § 2; 1980 c 109 § 3; 1969 c 141 § 3.] Repealed by 1997 c 271 § 26.

70.84.090 Refueling services for disabled drivers -- Violation -- Investigation -- Intentional display of plate or placard invalid or not legally issued prohibited -- Fine -- Notice to disabled persons. [1994 c 262 § 17; 1985 c 309 § 1.] Recodified as RCW 49.60.360 pursuant to 1997 c 271 § 27.
70.84.100 Liability for killing or injuring guide or service dog -- Penalty in addition to other remedies or penalties. [1997 c 271 § 23; 1988 c 89 § 1.] Recodified as RCW 49.60.370 pursuant to 1997 c 271 § 27.
70.84.110 Liability for killing or injuring guide or service dog -- Recovery of attorneys' fees and costs. [1988 c 89 § 2.] Repealed by 1997 c 271 § 26.

70.84.120 License waiver for guide and service dogs. [1997 c 271 § 24; 1989 c 41 § 1.] Recodified as RCW 49.60.380 pursuant to 1997 c 271 § 27.

(1)(a) Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except as provided in (b) of this subsection.

     (b) A second or subsequent violation of this subsection is a gross misdemeanor.

     (2)(a) Any person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except as provided in (b) of this subsection.

     (b) A second or subsequent violation of this subsection is a gross misdemeanor.

     (3) Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor.

     (4) Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor.

     (5) Any person who intentionally injures, disables, or causes the death of a dog guide or service animal is guilty of a class C felony punishable according to chapter 9A.20 RCW.

     (6) Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the intent to deprive the dog guide or service animal user of his or her dog guide or service animal is guilty of theft in the first degree, RCW 9A.56.030.

     (7)(a) In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense.

     (b) Restitution for a conviction under this section shall include, but is not limited to:

     (i) The value of the replacement of an incapacitated or deceased dog guide or service animal, the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal and all related veterinary and care expenses; and

     (ii) Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user.

     (8) Nothing in this section shall affect any civil remedies available for violation of this section.

     (9) For purposes of this section, the following definitions apply:

     (a) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

     (b) "Service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.

     (c) "Notice" means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior.

     (d) "Value" means the value to the dog guide or service animal user and does not refer to cost or fair market value.
[2003 c 53 § 52; 2001 c 112 § 2.]

Notes:

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