[NAGDU] Very Interesting Excerpt from SC Statutes

[Marion Gwizdala,]

Dear NAGDU Listers,

 

                I am doing some research on South Carolina's law and came
across something I have never seen before and found quite interesting. Here
is an excerpt from South Carolina law entitled a "Prologue".

 

South Carolina

EDITOR'S NOTE

2019 Act No. 44, preamble, provides as follows:

"Whereas, service animals that are properly trained to assist persons with
disabilities play a vital role in establishing independence for such
persons; and

"Whereas, the term "service animal" has a distinct meaning in the law. A
service animal means an animal that is trained for the purposes of assisting
or accommodating the sensory, mental, or physical disability of a disabled
person. Under the law, the provision of emotional support, well-being,
comfort, or companionship does not constitute the work or tasks of a service
animal; and

"Whereas, no vest, other marking, or documentation is required for an animal
to qualify as a service animal, nor are such vests, markings, or
documentation a reliable indication of whether an animal is, by law, a
service animal. People sometimes erroneously think that a therapy animal, an
emotional support animal, or any animal wearing a vest or having any other
type of marking is a service animal as defined by law; and

"Whereas, there is an increasing number of occurrences in which people
exploit the confusion related to service animals and attempt to bring an
animal into a place that it would otherwise not be allowed to enter by
passing off the pet, therapy animal, or emotional support animal as a
service animal, either by oral misrepresentation, placement of a vest or
other marking on the animal, or presentation of a "certificate", despite
knowing that it is not a service animal; and

"Whereas, some companies mislead individuals into believing that they will
be entitled to the rights or privileges for individuals with disabilities
with service animals if they buy the company's vests or obtain some type of
certificate. These misrepresentations, in some cases, are unlawful deceptive
trade practices and compound the confusion around service animals; and

"Whereas, commendably, federal and state laws require places of public
accommodation, including airports, restaurants, theaters, stores, hospitals,
and more, to allow any animal that is presented as a service animal into the
place of public accommodation. These same places of public accommodation
face a dilemma if someone enters the premises and intentionally
misrepresents his animal as a service animal; and

"Whereas, when people try to falsely represent a nonservice animal as a
service animal, business owners and other places of public accommodation
become increasingly distrustful that the animals being represented to them
as service animals are, in fact, service animals. Misrepresentation of
service animals delegitimizes the program and makes it harder for persons
with disabilities to gain unquestioned acceptance of their legitimate,
properly trained, and essential service animals. Now, therefore, 

 

And it goes on to the state laws concerning access to service animals.

 

Fraternally yours,

Marion

 

 

 

Marion Gwizdala

(813) 626-2789

Blind411 at verizon.net