SPOKANE, Wash. – Lawmakers in the state of Washington are trying to address a sensitive issue: service animals.
House Bill 2822 acknowledges properly trained service animals play a vital role in establishing independence for disabled individuals. However, the bill states, “There are an increasing number of occurrences where people intentionally or mistakenly represent their pet, therapy animal, or emotional support animal to be a service animal in an attempt to bring the animal into a place that it would otherwise not be allowed to enter.”
According to the bill, misrepresentations harm both people who truly rely on service animals. “There is a problem with people who bring in pets and pass them off as service animals just to accompany them in a store,” the bill’s authors wrote in a summary of public testimony. “It [HB 2822] puts people on notice that simply putting a vest on a dog or other animal does not make that animal a service animal.”
The bill goes on to clearly define only specially trained dogs as service animals, with one exception: a miniature horse may be defined as a service animal if it’s trained and fills the same role as a dog would. This falls in line with the federal Americans with Disabilities Act definition.
If HB 2822 passes, it would establish penalties for people who misrepresent their animals because the action “delegitimizes the genuine need for the use of service animals and makes it harder for persons with disabilities to gain unquestioned acceptance of their legitimate, properly trained, and essential service animals.” If a person tries to pass off their animal as a service animal to gain the same rights as someone who is disabled, they could face a monetary fine of up to $500.
The bill is currently on its second reading in the Washington State Senate. If passed, the new rules would go into effect on January 1, 2019.
In Oregon, the law defines “assistance animals” as a dog or other animal trained to do work or perform tasks for the benefit of an individual. But the individual is only entitled to bring an assistance animal into a public space or government building if that person has a disability.
That statute, ORS 659A.143(6), does not grant this right to anyone but a person with a disability or an assistance animal trainer.
According to Disability Rights Oregon, under most circumstances, places of public accommodation must accept service animals, including hospitals and restaurants. Providers may not ask about the nature or extent of a disability, require documentation, or charge a fee.
*Correction: Previous versions ran that disability on behalf of the owner is not a pre-requisite for owning an assistance animal. That statement was wrong.
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