By Tracy McNew
Recently, Montana’s House of Representatives held a panel hearing on House Bill 439 that would set definitions for service animals and impose penalties for those who misrepresent their pet as a service animal. On March 25, HB439 was scheduled for a second reading, and it is anticipated that the bill will be brought to vote later this year.
HB439 was drafted, in part, by K9 Care Montana’s David Riggs. K9 Care Montana is a nonprofit which provides service dogs for free to children with autism and wounded warriors with PTSD, traumatic brain injuries, or mobility issues. Their animals undergo between one and three years of training that typically costs between $22,000 and $60,000. In general, their view is that misrepresentation of service animals is growing and this isn’t fair to those who really need and use them. A petition in support HB439 is available on K9 Care Montana’s website. As of March 24, it had 307 signatures.
Another Montana nonprofit, Dog Tag Buddies, agrees that the bill is needed. According to their Executive Director, DeeDe Baker, “As a service dog trainer for veterans who have hidden injuries, the misrepresentation of untrained dogs as service dogs is creating a public safety risk….the number of bites to humans, including children is steadily increasing as people feel more emboldened to falsely represent their dog as a service animal.”
Baker’s email continued to explain that an emotional support animal (ESA) can be any type of animal, and that they require absolutely no training. ESAs are not service animals, and they are only allowed to go where pets can go with one big exception: an ESA designation “allows the individual to have the animal in a ‘no pets’ rental facility,” Baker said.
We asked a number of locals including business owners if they thought illegitimate service and emotional support animals in stores and rentals was a problem and if so, why. Many were happy to discuss, nearly all thought that rules were likely being abused by at least a few locals, and most were somewhat confused about what laws and rules actually apply.
One Libby resident, Stuart Spady, is a veteran whose German Shepherd, is participating in a canine good citizen training program. Spady said that service dogs are easily recognizable because they are very well trained and it is obvious that some of the dogs he sees in local businesses are not service dogs.
Rosauers has a sign in their foyer to inform customers about their service animal only policy, and they also offer handouts explaining the definition of service animals according to the Americans with Disabilities Act (ADA).
ADA defines service animals as dogs “that are individually trained to do work or perform tasks for people with disabilities.” The animal’s work or task must also be directly related to the person’s disability. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals under ADA.
ADA applies in all public areas which means that even medical facilities and restaurants that would normally have a no pet policy must allow service animals to enter.
The confusion comes in knowing if an animal is a service dog or not? They are not required to wear any identifying gear, and in order to protect the privacy and rights of the disabled persons using service dogs, ADA only allows businesses to ask two questions. First, “Is this animal required because of a disability?” and second, “What work or task has the animal been trained to perform?”
If someone answers these questions confirming that they have a service animal, businesses are still allowed to ask the animal to leave if it is not on a leash and under control by the handler. If it is not a legitimate service animal businesses have no obligation to allow entry.
For rentals, the laws get a bit more complicated because not only are service animals protected, so are emotional support animals. According to Pam Bean of Montana Fair Housing, if you have an emotional support animal, you should be prepared to have an interactive discussion with your landlord and to provide them with verification of your disability as well as disability-related need for the animal.
There are forms available on their website, www.montanafairhousing.org to request reasonable modifications, verify disability and need, and for landlords to approve or deny requests.
According to a Montana Fair Housing newsletter, “Healthcare providers (filling out the forms) must understand that requests for reasonable accommodations are for persons with disabilities only, and these provisions exist to ensure persons with disabilities have an equal opportunity to use and enjoy their dwelling.” They must consider how the request provides, if approved, an equal opportunity. A disability is defined as a “physical or mental impairment that substantially limits one or more major life activities.”
Montana’s Human Rights Act and the Federal Fair Housing Act both require reasonable accommodations for ESAs and don’t limit the type or size of the animal. Landlords can require documentation that the animal has all vaccinations and licenses if required by county and city laws and they can charge for any damage caused by the animal.