[NFBOH-Cleveland] HB 303 Service Animals

[Cheryl Fields]

HB 303: A BILL FOR PEOPLE WITH DISABILITIES AND THEIR SERVICE ANIMALS
Summary:
The language of the current law, Ohio Revised Code 955.43, was written
before the most recent amendments to the Americans with Disabilities
(ADA) Act. The result is that some terms in Ohio law are different
from analogous terms in the ADA. For clarity and to reduce confusion,
the Legislature should bring the language of Section 955.43 into
compliance with that of the ADA. In addition all violations of the law
should be raised from 4th-degree misdemeanors to 2nd-degree
misdemeanors to encour age the general public and would-be service
animal users to take infractions of this law seriously.
Current Law:
955.43 Dogs with blind, deaf or mobility impaired person.
A.   When either a blind, deaf or hearing impaired, or mobility
impaired person or a trainer of an assistance dog is accompanied by an
assistance dog , the person or the trainer, as applicable, is entitled
to the full and equal accommodations, advantages, facilities, and
privileges of all public conveyances, hotels, lodging places, all
places of public accommodation, amusement, or resort, all institutions
of education, and other places to which the general public is invited,
and may take the dog into such conveyances and places, subject only to
the conditions and limitations applicable to all persons not so
accompanied, except that:
1.  The dog shall not occupy a seat in any public conveyance.
2.  The dog shall be upon a leash while using the facilities of a
common carrier.
3.  Any dog in training to become an assistance dog shall be covered
by a liability insurance policy provided by the nonprofit special
agency engaged in such work protecting members of the public against
personal injury or property damage caused by the dog.
B.  No person shall deprive a blind, deaf or hearing impaired, or
mobility impaired person or a trainer of an assistance dog who is
accompanied by an assistance dog of any of the advantages, facilities,
or privileges provided in division (A) of this section, nor charge the
person or trainer a fee or charge for the dog….
CHANGES IN LANGUAGE OF THE LAW TO BE CONSISTENT WITH THE ADA:
• The title should be 955.43  Disabled People and Service Animals
• All references to “assistance dogs or animals” should be changed to
“service animals.”
• All references to “blind, deaf or hearing impaired or mobility
impaired” should be changed to “disabled.”
ADDITIONS AND SUBSTITUTIONS TO 955.43:
• A “service animal” should be defined as an animal that is trained to
perform tasks for a person with a disability. The tasks may include
guiding a person who is blind, alerting a person who is deaf, pulling
a person in a wheelchair, assisting with mobility or balance, alerting
and protecting a person who is having a seizure, retrieving objects,
or performing other special tasks. A service animal is not a pet. In
addition, assistance animals and emotional support animals are not
defined as service animals. A business owner or employee can ask only
two questions to ascertain that an animal is a service animal: is the
animal a service animal? And what tasks has the animal been trained to
do?  Documentation is not a precondition to providing service to an
individual accompanied by a service animal.
• A person with a disability is liable for damage caused by a service
animal if it is the regular policy and practice of the public
accommodation to charge non-disabled people for damages caused by
their pets.
• A public accommodation may exclude or remove any animal from the
premises, including a service animal, if the animal’s behavior poses a
direct threat to the health or safety of others. Allergies and fear of
animals are not valid reasons for denying access or refusing service
to a person with a service animal. If a service animal is excluded or
removed for being a direct threat to others, the public accommodation
must provide the person with a disability the option of continuing
access to the public accommodation without having the service animal
on the premises.
• The service animal must be harnessed, leashed, or tethered while in
public places unless these devices interfere with the service animal's
work or the person's disability prevent use of these devices. In that
case, the person must use voice, signal, or other effective means to
maintain control of the animal.
• A person who knowingly and willfully misrepresents himself or
herself through conduct, oratory or written notice as using a service
animal and being qualified to use a service animal or as a trainer of
a service animal commits a 2nd degree misdemeanor. Instead of or in
addition to a fine, a person who misrepresents himself or herself as
using a service animal could also be required to volunteer a number of
hours at an organization working with people with disabilities.
WHAT YOU CAN DO:
Co- sponsor HB 303 to bring the Ohio code in compliance to the ADA to
protect the rights of disabled people and their service animals and
trainers of service animals when they are accompanied by their service
animals. Please contact sponsors Representative Scott Lipps at (614)
644-6023 or Representative Brigid Kelly at (614) 466-5786, for more
information.
Sheri Albers, National Federation of the Blind of Ohio, Legislative
Committee sheri.albers87 at gmail.com | (513) 886-8697.