State lawmakers introduced a bill that would make it a crime to falsely present an animal as a service animal.
Senate Bill 2461, introduced Jan. 19, would make the act of falsely claiming an animal to be a service animal a misdemeanor offense, punishable by a maximum penalty of up to six months in jail or up to $1,000 for the first offense.
Sen. Russell Ruderman, D-Puna, who spearheaded the bill, said the measure is intended to prevent people from abusing the system and bringing untrained pets into public places, which can lead to owners of legitimate service animals being treated with suspicion and annoyance.
“There are two kinds of animals we’re talking about,” Ruderman said. “There are the (Americans with Disabilities Act) service animals. Then there are the so-called ‘comfort animals’ or ‘emotional support’ animals.”
Problems arise, Ruderman said, when people attempt to bring an emotional support animal — which is, in reality, a pet with no special training at all — into a place where it isn’t allowed. Then, when challenged, the owner claims the animal is a service animal whose presence is necessary for the owner to cope with a disability.
“People are cautious about challenging people who say that,” said Ruderman, who noted chains such as Safeway, KTA Super Stores and Walmart stopped questioning people with animals entirely.
Ruderman, owner of the grocery chain Island Naturals, said complaints about obviously false service animals are common in the retail industry and have occurred more and more frequently in recent years.
“I remember I once had a woman come up to me shaking because she was afraid of this huge Great Dane that someone brought in,” Ruderman said. “It was behaving very aggressively, and it wasn’t even on a leash.”
Because of incidents like these, people with legitimate need for a service animal are often viewed with resentment by people who are used to having to accommodate obviously untrained “comfort animals,” Ruderman said.
Ruderman said there is no “clear, objective” way to easily prove an animal is a trained service animal. Although people ask for certificates and colored vests, the ADA does not require service animals to be certified, and such items can be easily obtained online — “having a vest only proves that you can buy a vest online,” Ruderman said.
Because of this, Ruderman conceded that the law would be difficult to enforce, but said he thinks the potential penalties will be sufficient to deter most offenders.
If nothing else, Ruderman said, it would prevent “absurdities” such as a January incident at a Newark, N.J., airport, where a woman attempted to bring an “emotional support” peacock onto a United Airlines flight. The bird, which violated size requirements, was unable to board.
The bill also will revise legal language to change references to “service dogs” to the term “service animal,” which is the term used by the ADA. As of 2011, only dogs are able to become service animals.
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com
This is so true, at a Target store in Hilo, there were signs on there door before that stated Service dog only allowed, now they are gone. Any store that has food products or sale in there store needs this law. People put there dogs in the shopping carts, which could lead to infections as you don’t know where this dog has been, service dog walk with there owners and yes you can as someone what the dog is trained to do for that person. That is according to the Federal Government.
I agree totaly, it is just common sense, but then again common sense hard to come by.
The original ‘seeing eye’ dogs should be the only ones allowed……as for the rest pf this bogus ‘comfort’ animals I say if you can’t leave ‘Fido’ home for one to two hours, you should just stay home with ‘it’…….it’s just BS!
So if you’re deaf, epileptic, diabetic, or in a wheelchair then you should stay home? Nice to know that you’re just as ableist as haoles.
All of a sudden the ugly racist local crawled back to the surface to make this a race issue. Diabetics, people on wheelchairs do not need service animal. A deaf and seriously epileptic might, but most of those pet owners against this common sense piece of legislation don’t. Now go back into he hole, will you?
Go back under your bridge you ignorant, ableist troll. You obviously don’t know anything about being disabled or what service dogs can do.
Wow Russell….your district has the highest crime rate in the nation, and you’re worried about auntie bringing her dog on a plane? What a waste of time and money. You sir are what we call “shit all stupid”
You don’t suppose that he is doing this for financial reasons? He owns grocery stores. Does anyone else see a conflict of interest? If this came from a non-store owner it might ring true. What a load of poop, (no pun intended).
My 12lb. Chi-mix is cleaner than most of the little keiki (who are full or germs and disease) that are put in shopping carts. An unleashed Great Dane or any dog is a problem, but so is a bratty kid running into people and causing mayhem in a store.
Their are as many bad parents as there are bad pet owners.
Lastly, Leroy, I couldn’t agree with you more.
Congratulations, you just have masterly shown why this bill is so necessary. You must be one of those histerical people that kiss their dogs on the nose after the dog has being liking its ass all day long. Furthermore comparing and attacking a child shows how thorougly antisocial you must be. Are you the one that takes their temperamental silly dog into the library to protect you from the books? This bill was loooong overdue!
The last time I checked dogs do not pass flu, colds and other germs and viruses to people like sick little Billy who had to go to Target instead of stay home.
Like I said previously, there are bad pet and child owners. I guess we know which one you are.
This bill is stupid. There is no enforcement mechanism. It is a waste of time just like your diatribe.
Keep comparing children to dogs, because it looks real good.
I saw a rottweiler type dog, wearing a “Service vest” lunge at an infant in Hilo Safeway 6 months ago. This dog was not well behaved and clearly was not a service animal. Businesses are in a damned if they do and damned if they don’t situation. Face a lawsuit for discrimination if they deny entry to a service animal, or face a lawsuit when these untrained “comfort” pets harm an innocent shopper.
This bill is a good start and since we are a State of Islands 3000 miles from the next nearest body of land the solution is simple. True service animals, trained at an officially recognized training facility for service animals, can be registered with the State and given a photo ID much like the kama`aina ID issued by the State. No ID, no entry into public spaces.
Nice solution, except for one tiny detail. It would be a direct violation of federal law.
In addition to problems already listed, some people are allergic to furry animals. Should they be forced to suffer?
Yes! Because anyone who thinks their runny nose is just as big a disability as someone who is blind or epileptic needs to learn what real suffering is.
Don, I was not referring to those with actual disabilities. I was referring to those who bring their pets into stores pretending a need for support animals.
So, the only important person is you. No consideration for the other person with health issues that can be life threatening not just unpleasant.
Not a Service Dog: Therapy DogsNot a Service Dog
Therapy Dogs do a valuable job by providing unconditional love, emotional support and an understanding, listening ear anywhere they’re needed. Many people are familiar with Therapy Dogs visiting hospitals, schools, universities group homes and libraries, but Therapy Dogs also provide a valuable service at funerals, disaster sites or anywhere else emotions, grief, and tension may run high.
Therapy Dogs are typically well-trained, sweet-natured, friendly dogs who are, first and foremost, pets. Their family trains them and has them certified via a therapy organization, and therapy dog teams are most often volunteers. Therapy Dogs do NOT have public access, with or without their handler, and they may only enter buildings (that don’t allow all pets to enter) with a direct invitation to the dog and handler or to the therapy dog organization.
Not a Service Dog: Emotional Support Animals (ESAs)
Emotional Support Animals (ESAs) work with an individual who needs comfort. They require no specialized training, have no public access, and can be any species. The DOJ/HUD’s Fair Housing Act does protect an owner’s right to reside with their Emotional Support Animal in accommodations that don’t allow pets, and with proper documentation,