[NFBMT] HB 439 Criminalizing Misrepresentation of Service Animals

[president at nfbofmt.org]

FYI, below is an e-mail I just sent to Senator DEnley Loge, the legislative
sponsor of HB 439, the bill that would criminalize the misrepresentation of
service animals.  There was a public hearing today before the Senate
Judiciary Committee, and the Committee will soon take executive action on HB
439, perhaps as soon as tomorrow morning.  If you would also like to
comment, please do.  Follow the links to message legislators or committees
at leg.mt.gov.

BTW, at today's hearing, most proponents for the bill were not service
animal users.  The majority were trainers of service animals.  Two service
animal users spoke in favor of the bill, but one of these is also a
professional dog trainer.  We often get frustrated with others speaking for
us and not listening to our concerns.  Another observation is that no one
who advocated for HB 439 spoke in favor of our failed bill to protect
service animals from injury or death.  Call me a goofy old country boy, but
it looks to me like the purpose of HB 439 is to benefit businesses over
people with disabilities, and it would be a shame to stay silent while this
travesty carries on.  So, if you have not already, please let our
legislators know what you think.


Jim Marks
President, National Federation of the Blind of Montana
president at nfbofmt.org
(406) 438-1421

-----Original Message-----
From: president at nfbofmt.org <president at nfbofmt.org> 
Sent: Wednesday, April 10, 2019 2:04 PM
To: 'Denley.Loge at mtleg.gov' <Denley.Loge at mtleg.gov>
Subject: HB 439

Dear Senator Loge,

Would you consider amendments to HB 439 that would address the concerns of
the National Federation of the Blind of Montana?  I serve as this
organization's president, and I am a guide dog user.  

You may recall that I spoke in opposition to HB 439 before the House
Judiciary Committee.  I would have done the same today, but  was not able to
attend the hearing on HB 439 before the Senate Judiciary Committee.  Despite
my groups and my personal opposition to the bill, I hope you know we respect
what you are trying to do.  After all, fake service animals are certainly
annoying and regrettable.  And the frequency of fake service animal use
appears to be on the rise.  We can and will support HB 439 if it addresses
our concerns.  In short, we do not want the remedy to be worse than the
problem.

Some claim that HB 439 benefits authentic users of service animals, but this
is not accurate for blind users of guide dogs like me.  The National
Federation of the Blind of Montana stands against the criminalization of the
misrepresentation of service animals because we believe the bill would bring
law enforcement into a civil rights dispute for the sake of protecting
businesses and not for protecting the use of service animals.  Businesses
already enjoy the right to eject fake service animals.  Involving law
enforcement shits the benefit of any dispute to the business without regard
for the right to use a service animal.  No group uses service animals more
than the blind do.  We routinely encounter discrimination, and we believe HB
439 erodes civil rights protections.  Therefore, we will continue adding our
voices to the opposition unless the bill is amended to correct its
shortcomings.

First amendment would be to include law enforcement protections for genuine
service animal users or to drop law enforcement entirely from the bill.  If
we involve law enforcement only to address fake service animals, it
significantly disadvantages authentic service animal users.  There should be
a balance, otherwise HB 439 would only make the use of a service animal more
difficult than it is now.  We should not let that happen.

The second amendment we seek would establish penalties and restitution for
deliberate and negligent human behavior that results in harm to or the death
of our guide dogs.  The House Judiciary Committee tabled our bill on this
topic, HB 659, in a 10-9 vote.  HB 439 proponents say that fake service
animals endanger authentic service animals.  This may be true on occasion,
but the danger goes far beyond fake service animals.  For those of us who
use service animals routinely, it does not matter whether an attacking or
misbehaving animal is a fake service animal.  What matters to us is the
intentional or negligent  action of others to injure or kill our service
animals.  Our bill arose from the voice of blind Montana's and others who
use service animals.  All could be resolved by giving service animal users
the remedy of penalties and restitution for deliberate and negligent actions
on the part of anyone, not merely those who misrepresent service animals.

Thank you for your consideration.  Of course, I would welcome any questions
you may have.  


Jim Marks
President, National Federation of the Blind of Montana president at nfbofmt.org
(406) 438-1421