[NFBMT] Montana Service Dog Representation Bill Receives Pushback

[Bruce&Joy Breslauer]

Montana Service Dog Misrepresentation Bill Receives Pushback

 

golden Labrador

 

by Andy Jones

March 24, 2017

 

Disability Rights Montana is opposing a bill introduced into the state house
that makes it a crime to fraudulently misrepresent a service dog. 

 

House Bill 364, heard by the state's House Human Services Committee on
February 13, would punish such actions as a misdemeanor, punishable up to
$500 for each violation. 

 

Disability Rights Montana contends that the bill is overly broad and would
encourage unnecessary conflict between people in need of service animals and

owners of business and other places of public accommodation. 

 

The ADA allows owners to ask people with disabilities whether their service
animals are, in fact, service animals, as well as what tasks they are trained

to perform. However, the ADA prevents them from requiring people with
disabilities from presenting documentary proof of their animal's status, in
part

because there is no nationally recognized organization for certifying service
animals. 

 

"Inevitably, this will encourage business owners and law enforcement to make
inquiries of people with service animals about the legitimacy of that
animal,"

Disability Rights Montana said in a news release. "If the inquiry occurs,
many legitimate service animal users will not have documentation to defend
themselves. 

 

"We believe this will create unnecessary conflict and confrontation which is
not the result that anyone wants. Although we, as a disability rights law

firm, have heard stories of frustration about individuals who have
misidentified their animals as service animals, our firm has received far
more reports

of people with legitimate service animals having difficulty using their
animals in schools, at work, and in private businesses."

 

A similar bill in Wyoming, House Bill 114, passed out of the state's Senate
Travel Committee on February 16.  

 

Similar legislation already exists in Florida, passed in 2015, and in 

Colorado, which passed last legislative session.

 

Joy Breslauer, President

National Federation of the Blind of Montana 

Web Site: http://www.nfbofmt.org <http://www.nfbofmt.org/> 

 

Live the life you want

 

The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise the
expectations of blind people, because low expectations create obstacles
between blind people and our dreams. You can live the life you want;
blindness is not what holds you back.