Republicans on the state Senate’s Judiciary Committee did the right thing Monday in killing House Bill 1308, which would have made it illegal to fraudulently claim a pet as a service animal. The bill was flawed. They should know, however, that the problem it sought to address is real and worthy of governmental attention.
There is a reason why pets – dogs in particular – are not allowed in many places. They are, after all, animals and undisciplined examples can be dangerous and often exhibit behavior distinctly out of line with human hygiene.
At the same time, there are excellent reasons why true service animals are accorded greater access. Guide dogs for the blind, for example, are rightly permitted almost everywhere.
That is in part because true service animals like guide dogs are integral to their handler’s independence. But the fact that they are allowed so many places is also based on the fact that they are highly trained – and known to be so.
Simply calling a dog a service animal does not make it one. Except that, under the law, it pretty much does. And therein lies the problem.
Under the Americans with Disabilities Act service animals are defined as animals individually trained to do work or tasks for an individual with a disability. And that work or task must be a specific action directly related to that person’s disability.
The ADA also mandates that such service animals be allowed in hotel rooms, to pass through salad bars, to accompany their handlers into bars and restaurants and in some cases even hospitals.
But there is no requirement that a service animal be professionally trained, certified capable or otherwise qualified. The ADA specifically says people with disabilities can train their own service animals. And with that unscrupulous pet owners can claim theirs is a service animal and use that designation to avoid fees or “no pets” policies in hotels, stores, restaurants and housing. It is enough of a problem that County Sheriffs of Colorado, the Colorado Retail Council and advocates for people with disabilities all supported the bill.
But without some way to determine easily whether a service dog is legitimate, in practice it would be unenforceable. Congress should look at that.
