[NFBMT] HB 439 Criminalizing Misrepresentation of Service Animals

[d m gina]

What a shame,
I did send out my thoughts on Sunday.
I do hope they will get it.
I am sure they will.
I don't know who our senator is, so I sent it to a Bob Brown.
I am sure he will be there as well.

Original message:
> 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



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