Is It Against The Law To Hit A Service Animal Florida
It'southward no secret that I'thousand appalled past people who claim their pets are service animals. Naturally, I sympathize the want to take our pets everywhere we go. And yes, compared to other places in the world, the limited access our pets feel is frustrating. But taking whatever action that makes life more difficult for people who require service animals is reprehensible. And now the impact of faux service dogs could bite us all.
An Epidemic of Fake Service Dogs
We launched GoPetFriendly.com in 2009, in response to a growing trend. People were looking at their pets differently – less like livestock and more like family. There was a desire to include pets in our lives, whether it exist brunch with friends or a cross-country road trip. Passionate almost this movement, nosotros hoped our website would aid people discover more things they could do together.
Over the years, the market has responded to see the needs of pet lovers. In that location'due south been a significant increase in the number of hotels that welcome pets. Restaurants, java shops, and confined accept outdoor seating areas where pets were allowed. And all kinds of attractions, from beaches to museums, are pet friendly. Fifty-fifty the national parks accept started a Bark Ranger program!
READ More ⇒ The Most Pet Friendly National Parks in the U.S.
Of course, not anybody has been satisfied with the pace of modify. They desire to take their pets everywhere, without limitation, all the fourth dimension. And the morally bereft amid them choose to pose their pets as a simulated service dogs, with no regard for the fact that their actions cause people to question the legitimacy of actual service animals.
Unfortunately, the problem has become rampant. Airlines have been forced to tighten their requirements for service animals and emotional support animals, and many states take responded past passing additional legislation.
States Reply By Passing Stricter Laws
The Americans with Disabilities Human activity makes it a federal offense to pass your pet off as a service animal. Unfortunately, information technology'southward rarely enforced. To combat the upshot, states take enacted their own laws exceeding the federal law penalties for simulated service dogs. Currently, 31 states ban the fraudulent representation of a pet equally a service animate being. Five additional states accept laws that criminalize some aspect of service animal fraud. And withal the trouble of simulated service dogs remains.
Florida's Proposed Legislation Could Affect All Pet Owners
In 2015, Florida addressed the upshot of fake service dogs. In addition to federal charges, misrepresenting a dog as a service animal in Florida is punishable by a $500 fine and up to 60 days in jail. Simply State Representative Bruce Antone from Orlando doesn't believe that'due south enough.
"I come across it as a growing problem," Antone said. "You lot just see folks expanding or pushing the boundaries on everything. With the pets, there's an explosion of folks taking their pets in stores and restaurants."
Antone knows the issue of pets in restaurants has already been addressed, simply he feels something stronger is needed.
"I just feel like if we don't put some sort of stopgap in place now, it'southward simply going to get worse," he said. "Not everybody understands what the law is."
The solution Antone's proposing is laid out in House Bill 243. This measure would still permit restaurants to welcome pets at their outdoor seating areas, but would make it illegal to bring nonservice animals inside retail establishments, restaurants, confined, lounges, or "any other similar place of business in which the public assembles."
The neb includes the following recommended penalties for breaking the proposed law:
(a) A warning for the outset offense.
(b) A fine of $100 for the second offense.
(c) Xxx hours of customs service for an organization that serves individuals with disabilities, or for another entity or system at the discretion of the court, to be completed within 6 months for the 3rd and subsequent offenses.
Antone thinks his bill has a 60 percent risk of passing during the 2020 congressional session.
The Potential Touch Of This Bill
I'm very much in agreement with Rep. Antone'southward concern most fake service animals. And I agree that people should comply with laws that prohibit pets inside restaurants. However, his proposal does a astringent injustice to responsible pet owners. If passed, this legislation would create significant new barriers for pet owners who reside in Florida, and those considering it equally a travel destination.
By prohibiting pets inside "retail establishments," Antone's bill would no longer allow pet owners to store in boutiques, pet supply stores, indoor shopping malls, and home goods, home supply, and other stores that currently permit pets.
In addition, taprooms, coffee shops, winery tasting rooms, lounges, and bars would besides exist placed off limits. Certainly, we can imagine "places of business in which the public assembles" encompassing hotel lobbies and museums. And at that place will exist no promise for the creative expansion of pet friendly destinations, similar the domestic dog friendly movie theater that recently opened in Plano, Texas.
Unintended Consequences
Beyond driving away tourists and provoking residents, I worry that Antone's beak could take more dire consequences. Past prohibiting pets in venues that have historically chosen to welcome them, more people could feel driven to misrepresent their pets. And, given the relatively inconsequential penalties proposed, it's foreseeable that this legislation could really lead to more than fake service dogs.
For those who would comply with the new prohibitions, prohibiting them inside might outcome in more than pets being left in cars. That could exist a life-threatening situation in a warm, sunny climate similar Florida.
READ More than ⇒ Is It Illegal To Leave Pets Alone In Cars
What's the Solution?
The bill proposed in Florida has further-reaching implications. Already 36 states take authorized laws addressing fake service dogs. If this legislation passes, it could become a model for the rest of the land, and the strides we've made to include pets in our lives would evaporate.
Plain, I'thousand hoping that doesn't happen. So, how exercise I call back Florida should deal with fake service dogs?
Pace 1: Enforce Current Laws
First, Florida should enforce the police they already have on the books. The possibility of beingness slapped with a $500 fine and threescore days in jail is plenty to become the attending of anyone considering misrepresenting their pet.
Pace two: Empower Business Owners
Beyond the country, we see establishments setting more than inclusive pet policies. Rather than imposing more than restrictive laws, why non encourage these business organization owners and empower them to exist the first line of defence force against faux service dogs?!
Many owners and managers aren't aware of their rights when it comes to service animals. And recognizing a service domestic dog might non be obvious. Service animals can assistance people with a variety of conditions, such every bit autism, epilepsy, and mail-traumatic stress disorder. And so, when determining whether a person is being truthful almost their service dog, business owners or staff can ask two questions: Is this a service animal? and What service is information technology trained to provide?
Responses to these questions tin exist a quick mode to eliminate imposters, because legitimate handlers should have no trouble detailing the services their animal provides. It'south possible some brazen liars might too provide reasonable answers. But that still doesn't mean a business organization owner tin't remove a dog from the premises.
According to the law, service dogs must be under command at all times. If a service dog behaves a way that poses a threat to the health or safe of others, such equally urinating or defecating indoors, or menacing or biting at other patrons, and is not under the control of the disabled patron, they may be refused service.
Someday a business concern owner has an consequence with a service canis familiaris, or suspects that a person is misrepresenting their pet equally a service dog, the regime should be chosen. So … run into Step 1. It'southward actually very simple.
What Can Yous Do?
Rep. Antone says that his bill isn't anti-dog. I think the public volition experience differently. If you lot live in Florida, or know people who do, please ship them a link to this article and encourage them to contact their country representatives.
You can also educate yourself on the differences between service animals, emotional support animals, and therapy animals. Spoiler warning: The only one of these allowed inside restaurants are service animals.
And, if you lot've been passing your pet off as a service animate being, stop it. You're ruining things for everyone.
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