BILL NUMBER:S5406

TITLE OF BILL:

An act to amend the civil rights law, in relation to the
misrepresentation of guide dogs

PURPOSE:

To prohibit people from misrepresenting their pets as service animals
in order to take advantage of the accommodations allowed under state
and federal law to persons with disabilities and their service
animals.

SUMMARY OF PROVISIONS:

A new Subdivision 2-a is added to Section 47-b of the Civil Rights Law
to provide that no person shall knowingly affix any special
identification tag, collar, leash, harness, vest or other gear in
order to misrepresent that a dog or animal is a guide dog, hearing
dog, service dog or other service animal and seek to receive the
accommodations afforded to guide dogs, hearing dogs, service dogs or
service animals under this article or under the federal Americans with
Disabilities Act.

JUSTIFICATION:
              

State and federal laws prohibit businesses and facilities which are
open to the public from discriminating against individuals with
disabilities. Furthermore, these laws ensure that persons with
disabilities may be accompanied by service animals in places of public
accommodations and in the workplace.

Unfortunately, some people without disabilities have been shamelessly
and selfishly abusing these laws by misrepresenting their pets as
service animals just so they can bring them into places where pets are
not allowed. Not only is this disrespectful and insensitive to persons
with disabilities, it generates problems for the entire service dog
community.

There are a variety of reasons why businesses and public places may
restrict pets. State and federal laws create an exception for service
animals, recognizing that these are not pets but are working animals
which provide essential services to persons with disabilities.

Guide dogs, hearing dogs, service dogs and other types of service
animals have undergone extensive training in order to provide needed
assistance to a person with a disability. They have also been trained
to deal with social situations and distractions.

In contrast, problems are much more likely to occur in public areas
and businesses from the behavior of untrained pets and their
non-disabled owners. This unfairly creates a negative perception which
increases the likelihood that a disabled person with a service animal
will encounter resistance and suspicion in the future.


In addition, when pets encounter service animals in these places, the
untrained pets often react in a way that can antagonize or initiate
conflicts, distracting service animals from their important
responsibilities in protecting and assisting individuals with
disabilities.

Several other states have already enacted laws to prohibit the
misrepresentation of pets as service animals. This bill would
establish a similar prohibition in New York State law.

LEGISLATIVE HISTORY:

S.7519 of 2014

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately