TITLE 16

Health and Safety

Persons With Disabilities and Partial Disabilities

CHAPTER 95. DELAWARE WHITE CANE LAW


(a) It is the policy of this State to encourage and enable persons who are blind, visually impaired or have physical disabilities to participate fully in the social and economic life of this State and to engage in remunerative employment.

(b) It is the policy of this State that persons who are blind, visually impaired or have physical disabilities shall be employed by all employers including this State, political subdivisions of this State, the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as are persons without such disabilities unless it is shown that the particular disability prevents the performance of the work involved.

(c) Each year the Governor by proclamation or the General Assembly by resolution may take public notice of October 15 as White Cane Safety Day so that the public may continue to be aware of the significance of the white cane and be able to recognize the presence of persons with disabilities on the streets and sidewalks of the State.

16 Del. C. 1953, § 9501; 58 Del. Laws, c. 222; 78 Del. Laws, c. 179, §§ 236-238.;

(a) Persons who are blind, visually impaired or have physical disabilities shall have the same rights as persons without such disabilities to use streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.

(b) Persons who are blind, visually impaired or have physical disabilities are entitled to full and equal accommodations, advantages, facilities and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation, and in all hotels, lodging places, places of public accommodation, amusement or resort and other places to which the general public is invited, subject only to the conditions and limitations established by law.

(c) Every person who is totally or partially blind may be accompanied by a guide dog, especially trained for the purpose, in any of the places listed within this section without being required to pay an extra charge for the guide dog, provided that the person who is totally or partially blind shall be liable for any damages done to the premises or facilities by such dog. A guide dog may be excluded from any of the places enumerated in this section if the admission of such dog would create the clear danger of a disturbance or physical harm to other persons in such place.

16 Del. C. 1953, § 9502; 58 Del. Laws, c. 222; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 179, §§ 239-241.;

The driver of a vehicle approaching a pedestrian who is totally or partially blind who is carrying a cane predominately white or metallic in color (with or without a red tip) or using a guide dog shall take all necessary precautions to avoid injury to such pedestrian who is blind, and any driver who fails to take such precautions shall be liable in damages for any injury caused to such pedestrian. A pedestrian who is totally or partially blind not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed in § 9502 shall have all of the rights and privileges conferred by law upon other persons and the failure of a pedestrian who is totally or partially blind to carry a cane or use a dog in any such places, accommodations or conveyances shall not be conclusively held to constitute nor be evidence of contributory negligence.

16 Del. C. 1953, § 9503; 58 Del. Laws, c. 222; 78 Del. Laws, c. 179, §§ 242, 243.;

Any person or persons, firm or corporation or an agent thereof who denies or interferes with the admittance to or enjoyment of the public facilities enumerated in § 9502 or otherwise interferes with the rights of a person who is totally or partially blind or has a disability as specified in § 9502 shall be guilty of a misdemeanor.

16 Del. C. 1953, § 9504; 58 Del. Laws, c. 222; 78 Del. Laws, c. 179, § 244.;

(a) Persons who are blind, visually impaired or have physical disabilities shall be entitled to full and equal access as other members of the general public to all housing accommodations offered for rent, lease or compensation in this State, subject to the conditions and limitations established by law on all persons.

(b) "Housing accommodations" shall mean any real property or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of 1 or more human beings, but shall not include any accommodations not included within subsection (a) or any single-family residence the occupants of which rent, lease or furnish for compensation not more than 1 room therein.

(c) Nothing in this section shall require any person renting, leasing or providing for compensation real property to modify such person's property in any way or provide a higher degree of care for a person who is blind or visually impaired.

(d) Every person who is totally or partially blind who has a guide dog shall be entitled to full and equal access to all housing accommodations provided for in this section and the person who is totally or partially blind shall not be required to pay extra compensation for such guide dog, but shall be liable for any damage done to the premises by such a guide dog.

16 Del. C. 1953, § 9505; 58 Del. Laws, c. 222; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 179, §§ 245-247.;

Any person who violates this chapter shall, upon conviction for such offense in a Justice of the Peace Court, be fined $100 for every such violation.

16 Del. C. 1953, § 9506; 58 Del. Laws, c. 222.;