We’re back with another emotional support animal news report. This time, we’re handling just one story: how legislators in Hawaii are considering changing ESA laws. After several incidents that have caught media attention, this bill aims to put an end to ESA and service dog fraud. Read on to get caught up.
Hawaii Considers Tightening the Leash on Misrepresentation
Hawaii legislators are voting on a bill that could curb assistance animal misrepresentation. Introduced by Senator Karl Rhoads of Ohau, SB 2438 got the green light last week and is moving to the next steps. Hawaii could become the second state (after California) to implement these types of changes.
Senate Bill 2438 is targeting companies that sell “assistant dog” accessories. For example, special collars, vests, tags, and harnesses. If it passes, these companies would be required to include written disclaimers with every purchase.
The warnings would inform customers that simply putting on these accessories on a dog does not legally turn them into service animals. Therefore, they won’t be given any special treatment just because they have a special accessory. Additionally, it would also state that passing off a pet or an ESA as a service dog is a misdemeanor in Hawaii.
On top of that, SB 2438 also proposes civil penalties for all companies who don’t send a disclaimer to their customers. The fines can go from $100 to $250 for the first violation and over $500 for each violation after that.
People with disabilities have relied for a long on these special accessories. Harnesses send the message that a furry companion is not a pet, but a much-needed life-saving instrument—just like a wheelchair. However, some pet owners have taken to using these items, too, so their dog can go into establishments with a no-pets-allowed policy.
Unfortunately, this makes legit service dogs seem less trustworthy to many business owners. As a result, several disabled people and their assistance animals have been denied service in Hawaii and all over the U.S. The goal of this bill is to go back to the days when only service dogs wore special accessories that ID them as assistance animals.
California passed a very similar law last year. Effective as of January 1st, “assistance dog” collars, harnesses, ID tags, and other accessories now come with a written warning much like the one being considered in Hawaii.
Source: hawaiitribune-herald.com
CertaPet’s Thoughts on This Week’s News
Unfortunately, there is a lot of confusion around emotional support animals. Some pet parents think they can pass off their companions as ESAs, and some ESA owners don’t understand that service animals are unique. Clearing up the law like this seems like a great move. If this bill passes, many more states could follow in Hawaii’s footsteps.
If you’re living with a mental illness, you may have the right to get an emotional support animal. These loyal companions can help you cope with your symptoms—and there are state and federal laws giving the two of you special rights not available to pet owners.
Start the process by taking our 5-minute pre-screening test for free. We’ll connect you with a licensed mental health professional, who will meet with you. Then, if you qualify, your ESA letter will land in your inbox in no time!