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HARRY HUGHES, Governor 2361
of certain handicapped individuals requiring that the court
shall order certain persons to pay attorney's fees under
certain circumstances; and providing that certain acts by
certain blind, visually handicapped, or deaf individuals
shall not be held to constitute contributory negligence.
BY repealing and reenacting, with amendments,
Article 30 - Deaf, Mute or Blind
Section 33(d)(3) and (g)
Annotated Code of Maryland
(1976 Replacement Volume and 1982 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 30 - Deaf, Mute or Blind.
33.
(d)(3) The failure of a blind or visually handicapped
pedestrian to carry a cane predominantly white or metallic in
color (with or without a red tip) or a deaf or hearing impaired
pedestrian to use a guide dog wearing an orange license tag,
orange collar and on a leash, or to use a guide dog in any of the
places, accommodations, or conveyances listed in paragraph (1) of
this subsection (d) shall not be held to constitute contributory
negligence [per se].
(g) (1) 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 this section, or otherwise interferes
with the rights of a blind or visually handicapped person or a
deaf or hearing impaired person under this section, is guilty of
a misdemeanor and subject upon conviction to a fine not exceeding
[fifty dollars] $1,000 $500 for each offense.
(2) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
SECTION SHALL BE CIVILLY LIABLE TO THE INJURED PARTY FOR DAMAGES.
(3) IN ADDITION TO ANY OTHER PENALTY OR PAYMENT, THE
COURT SHALL ORDER ANY PERSON CONVICTED OF A MISDEMEANOR OR FOUND
CIVILLY LIABLE UNDER THIS SECTION TO PAY THE ATTORNEY'S FEES OF
THE INJURED PARTY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
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