[NAGDU] Very Interesting Excerpt from SC Statutes

[Cindy Ray]

That is truly interesting. I think it could possibly be helpful in other states?
Cindy Lou Ray, Moderator
cindyray at gmail.com <mailto:cindyray at gmail.com>


> On Nov 24, 2020, at 3:36 PM, Marion Gwizdala, via NAGDU <nagdu at nfbnet.org> wrote:
> 
> 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
> 
> 
> 
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