WAC 162-26-050     Who is protected.

     (1) Statute. RCW 49.60.215 requires service in places of public accommodation "regardless of . . . the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person . . ."

     (2) What is a disability. A person's condition is a "sensory, mental, or physical disability" if it is abnormal and is a reason why the person was not fairly served in a place of public accommodation. A person is disabled by a sensory, mental, or physical condition if she or he is not fairly served because of the condition. The law protects all persons from unfair service because of disability, whether the disability is severe or slight.

     (3) When disability is present. The presence of a sensory, mental, or physical disability includes, but is not limited to, circumstances where a sensory, mental, or physical condition:

          (a) Is medically cognizable or diagnosable;

          (b) Exists as a record or history; or

          (c) Is perceived to exist, whether or not it exists in fact.

     (4) Person using a trained dog guide or service animal. WAC 162-26-130 defines who is protected as a person using a trained dog guide or service animal.

     (5) Nondisabled not protected. The law protects against discrimination because of the "presence" of a disability. It does not prohibit treating disabled persons more favorably than nondisabled persons. Compare WAC 162-22-060 (employment).

[Statutory Authority: RCW 49.60.120(3) and 1997 c 271. 98-08-035, 162-26-050, filed 3/23/98, effective 4/23/98. Statutory Authority: RCW 49.60.120(3). 82-19-086 (Order 41), 162-26-050, filed 9/22/82.]