[NAGDU] FW: GDB Announcement - CA Assembly Bill 468

Sat Mar 20 22:03:26 UTC 2021

Hello everyone: 
The California Association of Guide Dog Users wrote a resolution concerning this issue and it was adopted by our California affiliate membership at our 2020 State convention. The text of the resolution can be found below my signature. 
Best, 
Tina Thomas-President-CAGDU/NFBCA 

Resolution 2020-04: Regarding the Misrepresentation of Emotional Support Dogs and Pets as Service Dogs
Resolution 2020-04: Regarding the Misrepresentation of Emotional Support Dogs and Pets as Service Dogs
WHEREAS, in California, a person who fraudulently represents their dog as a service dog can be charged with a misdemeanor and fined up to $1,000 under Penal Code 365.7, but there is limited enforcement of this provision; and

WHEREAS, business owners, transit agencies and other public entities required to provide access to guide, signal and service dogs, are not fully informed or fear legal action if they try to enforce provisions making it fraudulent to misrepresent a dog as a guide, signal or service dog; and

WHEREAS, the popularity of fake service dogs has become so prevalent that anyone can easily find on Facebook a web site instructing a person how to make their pet an emotional support animal in three easy steps; and

WHEREAS, companies have set up websites for people to purchase equipment and print certificates that misrepresent their dog as a service dog even though such dogs have had no training in this regard; and

WHEREAS, numerous news articles have reported on flight attendants and passengers on airplanes being attacked and injured by emotional support animals; and 

WHEREAS, the fraudulent misrepresentation of emotional support dogs as service dogs is thus not only a safety concern for the owner but for actual service dog users and the public as well; and

WHEREAS, United States Airline companies and the International Air Transport Association state that they have seen a 56% increase of emotional support animals from 2016 to 2017, including the misrepresentation of such animals as actual service animals; and

WHEREAS, in 2020, the Department of Transportation published a Notice of Public Rulemaking proposing stringent requirements on people traveling with service and emotional support animals, including check-in an hour earlier than passengers not traveling with service or emotional support animals; and completion of a series of forms which require more than is currently required by the DOJ under ADA regulations; and

WHEREAS, emotional support dogs and service dogs do not merit the same levels of access to public spaces under the ADA, and are defined differently under the ADA; and

WHEREAS, service dogs earn their ability to be in public spaces through a rigorous training process in order to meet the needs of someone with medically prescribed disabilities; and

WHEREAS, the fraudulent misrepresentation of emotional support dogs as service dogs creates not only confusion for the owner of the animal, but also the general public which has to comply with ADA laws: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind of California in Convention assembled this 25th  day of October, 2020, that this organization support efforts of Canine Companions for Independence and Guide Dogs for the Blind, Inc. to secure legislation making it unlawful for those who knowingly and fraudulently represent, sell, or offer for sale, or attempt to represent, sell, or offer for sale, an emotional support animal as being entitled to the rights and privileges accorded by law to a guide, signal, or service dog; and

BE IN FURTHER RESOLVED that this organization join the efforts of Canine Companions for Independence and Guide Dogs for the Blind, Inc. to formally work with the California legislature and the governor to enact this legislation as soon as possible; and

BE IF FURTHER RESOLVED that such legislation include provisions that require sellers of emotional support animals to provide a disclosure, which the buyer must sign, outlining that an emotional support animal is not entitled to the rights and privileges accorded by law to a guide, signal, or service dog; and

BE IT FURTHER RESOLVED that the legislation require a health care practitioner to comply specifically with the following criteria in order to provide documentation relating to an individual’s need for an emotional support dog that is not a guide, signal or service dog: hold a valid license, have an established client-provider relationship with the individual for at least 30 days prior to providing the documentation, and complete an in person clinical evaluation of the individual regarding the need for an emotional support dog; and

BE IT FURTHER RESOLVED that this organization work with Canine Companions for Independence and Guide Dogs for the Blind, Inc. to create and implement an intensive effort to educate the public in general, and business owners in specific, concerning their rights under the law as well as to the legitimate and valid issues surrounding the misrepresentation of emotional SUPPORT dogs and other animals and pets as actual service animals. 

-----Original Message-----
From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Mike Hingson via NAGDU
Sent: Friday, March 19, 2021 7:58 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users' <nagdu at nfbnet.org>
Cc: mike at michaelhingson.com
Subject: Re: [NAGDU] GDB Announcement - CA Assembly Bill 468

I must respectively disagree. It is both the customer and the company. Legislation needs to be enacted for both ends.

-----Original Message-----
From: NAGDU On Behalf Of Jody ianuzzi via NAGDU
Sent: Thursday, March 18, 2021 8:32 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users <nagdu at nfbnet.org>
Cc: Jody ianuzzi <thunderwalker321 at gmail.com>
Subject: Re: [NAGDU] GDB Announcement - CA Assembly Bill 468

Hi Cindy,

I’m not saying the companies are right in selling the products but if you start restricting we can be sold online then there could be no end to where that would go. The real fraud is not the company selling the products but the people that use them.  

When you start restricting what can be sold online the next step will be to restrict the sale of harnesses or other products that people might legitimately want.  You can also buy white cans online and theoretically someone that can see might buy one to pass as a blind person. You just can’t risk restrict commerce. The real crime is people abusing Servistar laws and that should be the focus.

And every case it is not the dog that is fake it is the person faking A disability.

JODY

To Boldly Go  🖖🏻 

thunderwalker321 at gmail.com 

"What's within you is stronger than what's in your way."  NO BARRIERS  Erik Weihenmayer

> On Mar 18, 2021, at 4:28 PM, Cindy Ray via NAGDU <nagdu at nfbnet.org> wrote:
> 
> Jodi, why do you think the companies should get off free for having 
> sold the d documents. They are frauds.
> Cindy
> Cindyray at gmail.com <mailto:yray at gmail.com>
> 
>> On Mar 18, 2021, at 8:55 AM, Jody ianuzzi via NAGDU <nagdu at nfbnet.org> wrote:
>> 
>> The problem is not the companies selling the emotional support dog 
>> merchandise, the problem is the people who buy it and pass off their 
>> dogs as service dogs. Define should not be against the companies 
>> selling the products but rather the people who buy them and then use 
>> them
>> 
>> JODY
>> 
>> To Boldly Go  🖖🏻
>> 
>> 
>> thunderwalker321 at gmail.com
>> 
>> "What's within you is stronger than what's in your way."  NO BARRIERS 
>> Erik Weihenmayer
>> 
>>>> On Mar 18, 2021, at 12:01 AM, Lilian Scaife via NAGDU <nagdu at nfbnet.org> wrote:
>>> 
>>> 
>>> 
>>> FYI
>>> 
>>> Ls
>>> 
>>> 
>>> 
>>> From: Theresa Stern <tstern at guidedogs.com>
>>> Sent: Tuesday, March 16, 2021 4:09 PM
>>> Subject: GDB Announcement - CA Assembly Bill 468
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> Show your support for AB 468
>>> 
>>> Email not displaying correctly?
>>> <https://communications.guidedogs.com/webmail/896181/75578210/9c3eb8136e9c51b0992d3f9690aaca2e85e4f314236c10a722f86d8bed891ec1> View it in your browser.
>>> 
>>> 
>>> 
>>> 
>>> <https://communications.guidedogs.com/e/896181/2021-03-16/dpyp/75578
>>> 210?h=B-YK1KwQu5Jan1rcoAfCHRHofcc5DBQQ6ByTGKjEZgY>
>>> 
>>> 
>>> 
>>> GDB Announcement
>>> 
>>> 
>>> 
>>> Greetings California GDB Alumni!
>>> 
>>> We’re excited to share good news about our efforts to curb the sale of online certificates for emotional support animals.   The California Assembly Bill AB468 has been filed on our behalf by Assemblymember Laura Friedman.  This is an exciting first step in the process.  Now we need your help to encourage California state legislators to support it.
>>> 
>>> You can read the full text of the bill and follow its progress at the following link:
>>> 
>>> <https://communications.guidedogs.com/e/896181/t-xhtml-bill-id-20212
>>> 0220AB468/dpyr/75578210?h=B-YK1KwQu5Jan1rcoAfCHRHofcc5DBQQ6ByTGKjEZg
>>> Y> 
>>> https://communications.guidedogs.com/e/896181/t-xhtml-bill-id-202120
>>> 220AB468/dpyr/75578210?h=B-YK1KwQu5Jan1rcoAfCHRHofcc5DBQQ6ByTGKjEZgY
>>> 
>>> What the bill is about:
>>> 
>>> AB468 is designed to address the growing online sale of fraudulent service animal certificates by unscrupulous opportunists. These certificates are sold to consumers with promises of giving their pets public access equal to that of legitimate service dogs.  In addition to cheating people out of their money, these misleading business practices have also resulted in putting innocent, untrained animals in uncomfortable, scary, and even dangerous situations.  Unfortunately, legitimate service dogs as well as innocent bystanders have also been hurt by these untrained animals.  GDB is sponsoring this bill to protect guide dogs’ public access rights and ensure long and productive partnerships for our guide teams. 
>>> 
>>> How to help:                                      
>>> 
>>> Email your Assemblymember urging them to vote yes on AB468.  You can 
>>> find your Assemblymember and their contact info by using the 
>>> following link:
>>> <https://communications.guidedogs.com/e/896181/2021-03-16/dpyt/75578
>>> 210?h=B-YK1KwQu5Jan1rcoAfCHRHofcc5DBQQ6ByTGKjEZgY>
>>> https://communications.guidedogs.com/e/896181/2021-03-16/dpyt/755782
>>> 10?h=B-YK1KwQu5Jan1rcoAfCHRHofcc5DBQQ6ByTGKjEZgY
>>> 
>>> Also consider encouraging your family and friends who live in California to support this effort.  Feel free to contact GDB Director of Outreach and Advocacy, Rabih Dow, with questions or comments about the bill,   <mailto:rdow at guidedogs.com> rdow at guidedogs.com
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> Our mailing address is:
>>> 
>>> Guide Dogs for the Blind
>>> National Headquarters
>>> P.O. Box 151200
>>> San Rafael, CA 94915
>>> 
>>> <tel:8002954050> 800-295-4050
>>> 
>>> 
>>> <https://storage.pardot.com/896181/16076382848naQ3wzI/PrintCMYK_6in_Platinum__Final_.png>         <https://storage.pardot.com/896181/1607638283rpu9WON6/4Star_125x125__Final_.jpg> 
>>> 
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