

This week’s Take Action Thursday looks at the importance of service animals and how states are legislating to protect the rights of people using these animals and to punish those who harm them. It also provides updates on recent issues concerning whales.

State Legislation

Service animals are an important resource for those with disabilities, whether it is a seeing-eye dog assisting someone who is visually impaired or a therapy dog that supports mental impairment or anxiety. Issues that arise for service animals are the right and ability to access public places, physical protection of the animals themselves, and what disabilities are eligible for assistance. This week, Take Action Thursday looks at a number of different bills that address the issues affecting the use of service animals.

  • Michigan bill HB 5374 amends the definition of those eligible for disability or service dogs. The amendment would include veterans with post-traumatic stress, traumatic brain injuries, or other service-related disabilities.
  • Missouri bill HB 2262 amends the law on disability animals to include a new category of service dog: a “psychiatric service dog.” The new category would allow accommodations for service dogs (usually referred to as emotional assistance dogs) for those disorders such as depression, bipolar disorder, PTSD, autism or anxiety.
  • New Hampshire bill HB 1568-FN makes it unlawful for any person to falsely pretend, impersonate, or represent to another that they have a disability for the purpose of receiving service animals or service animal accessories. This bill would also make it a misdemeanor to injure or allow an animal to injure any service animal, and provides for restitution for such injuries.
  • New Jersey bill A 4407 provides assistance animals to victims of certain crimes while they testify or prepare to testify in court in order to provide them with emotional support. Victims of crimes such as sexual assault, child abuse and human trafficking would be provided by court order with a certified support dog to accompany them during trial, if they so choose.
  • New York bill AB 9146 imposes civil fines on an owner whose dog bites a service dog, guide dog or hearing dog. The owner of the offending dog would be responsible for restitution, any medical expenses, and the temporary or even permanent loss of the animal.

If you live in any of these states, please contact your state Representative and ask him/her to SUPPORT these bills. Find Your Legislator

Legal Trends

  • The U.S. Court of Appeals for the District of Columbia denied marine mammal park SeaWorld’s appeal of safety citations issued by the Occupational Safety and Health Administration (OSHA). After a 12,000 pound captive orca killed a trainer in an Orlando, Florida, SeaWorld park, OSHA cited the park for placing their employees at risk of injury or death. The initial judges found that the death of the trainer was entirely preventable and agreed with OSHA’s mandate to impose barriers between whales and trainers during performances. SeaWorld sees the trainer-whale interaction as a viable economic attraction to the park and appealed. The D.C. Circuit disagreed and found that SeaWorld must address and remedy the risks associated with their performances.
  • Japan’s Agriculture, Forestry and Fisheries Minister has announced that the country plans to cut the number of whales caught this year in its annual Antarctic program from 380 whales to 210. Japan claims to hold annual whale hunts for “research purposes,” a legal exception to the global ban on commercial whaling. However, in March 2014, the International Court of Justice ordered Japan to suspend its whaling program in the Antarctic because it was essentially commercial, not educational or scientific as Japan claims. The program itself was originally funded by the sale of whale meat harvested by the researchers. Today, whale meat is less popular so the Japanese government directly funds the Institute of Cetacean Research, which conducts the whaling expeditions. Japan plans to continue its whaling in the Pacific Ocean, but claims the country will only observe whales in the Antarctic.
