Friday, August 16, 2019

DECATUR AL - IT WILL SOON BE A CRIME IN ALABAMA TO MISREPRESENT A PET AS A SERVICE ANIMAL


Fido may provide comfort but Alabama is cracking down on people who misrepresent pets as service animals.

"A service animal may not be a pet", the Alabama law states.  The crime-deterrent effect of the presence of an animal and the provision of emotional support, well-being, comfort or companionship may not constitute work or tasks..."

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People who falsely claim their pet is a service animal could soon face criminal charges in Alabama.

Starting Sept. 1, there will be a criminal penalty for those who misrepresent a pet as a service animal or animal-in-training in public spaces or when seeking housing accommodations in Alabama.

Making false claims will be a Class C misdemeanor resulting in a $100 fine and 100 hours of community service to be performed with an organization that serves people with disabilities or one approved by the court.

You can read the full act here.

The Alabama act stipulates that service animals are limited to two types: a dog or a miniature horse. 

The animal must be individually trained to do work or perform tasks that benefit a person with a disability, such as a guide dog for someone with visual impairments or an animal trained to provide help to someone with post traumatic stress disorder.

The ADA does not restrict service animals to a particular dog breed and service animals are generally allowed in all public areas and private businesses.

Animals that provide comfort or emotional support just by being with someone are not classified as service animals under the ADA.

“A service animal may not be a pet,” the Alabama law states. “The crime-deterrent effect of the presence of an animal and the provision of emotional support, well-being, comfort or companionship may not constitute work or tasks…”

The law also allows for signs to be posted in public places with the message: “Service animals are welcome. It is illegal for a person to misrepresent an animal in that person’s possession as a service animal.”

The bill makes Alabama one of 25 states that have laws related to fraudulent representation of service animals.

Penalties range from up to six months in jail and fines of up to $1,000 in California to fines of $100 in New Jersey.

https://www.al.com/news/2019/08/it-will-soon-be-a-crime-in-alabama-to-misrepresent-a-pet-as-service-animal.html?utm_campaign=aldotcom_sf&utm_source=facebook&utm_medium=social&fbclid=IwAR3wa7ODTU_cTQWQRzZBCPX3S8MCVAY0l2WKNG_rBeAf769m6YHCW5ojRCE


FROM COMMENTS:  

The Department of Justice also offers this guidance for businesses: “When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions:

(1) is the dog a service animal required because of a disability, and 

(2) what work or task has the dog been trained to perform. 



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