MADISON, WI (WTAQ-WLUK) — Under a new bill being introduced in the Wisconsin Legislature, people who falsely claim their pet is a service animal in public businesses could face a $200 fine for their first violation.
Future offenses could total $500 each.
The Wisconsin Restaurant Association is in support of this bill, citing increased food, employee and customer safety.
“We really want to make sure that our places and our public accommodations are there for the folks who really truly need it, and that we can make sure things don’t happen and we don’t have unhappy situations where we have unruly animals,” said Susan Quam, executive vice president of the Wisconsin Restaurant Association.
But the Americans with Disabilities Act does not require proof that an animal has been certified as an official service animal.
The ADA defines a service animal as a dog or miniature horse that’s been trained to work or perform tasks directly related to a specific person’s disability. The new bill would also change the state definition of a service animal to align with federal law.
Service animals can be professionally trained, or be trained by the person with the disability.
“The ADA really was looking out for everybody and was trying to ensure that the average person had a means to get a service dog without having to buy a service dog or go to a specific school,” said Brenda Cirricione, director of training at Journey Together Service Dogs.
The ADA also limits staff at businesses and establishments from asking two questions: Is the animal required because of a disability? And, what work or task has the animal been trained to perform?
MORE: FAQ’s about Service Animals & the ADA
“Just because you see somebody that appears to be able-bodied with a dog in a store, it doesn’t mean that it’s, the person isn’t entitled to have a dog in the store, or a restaurant,” said Cirricione. “It really depends on the scenario.”
With more than 40 years of dog training experience, Cirricione says the ADA does empower businesses to take steps to having any animal — be it a pet or service animal — removed if it is being disruptive.
This state bill is being introduced by a pair of Republicans — State Senator Rachael Cabral-Guevara, who represents Fox Crossing, and State Representative Paul Tittl, who represents Manitowoc.
In a memo to legislators, the lawmakers say this bill does not infringe on federal protections under the Americans with Disabilities Act, but rather reinforces responsible and verifiable use of those protections in Wisconsin.
“This bill is not intended to ‘go after’ folks who legitimately need a service or support animal. In fact, it’s quite the opposite,” said Sen. Cabral-Guevara in a statement. “The idea originally came from business owners and service animal supporters who are concerned that the people who falsify the need for a service or support animal are crowding out those who truly require them for assistance.”
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