Good morning, everyone! Welcome back to CertaPet’s weekly newsletter. This week, we’re off to Oklahoma, where a Bill aiming to criminalize misrepresenting service animals has been stalled, while lawmakers weigh in on other options.
Critics Of House Bill 1178 Cite Overreach As Oklahoma Avoids Creating A New Criminal Offence For Lying About Service Animals
Critics of House Bill 1178 breathed a sigh of relief after Oklahoma temporarily put on hold a new law that would intensify criminal charges for people claiming that their animal is a service animal. Governor Kevin Stitt recently vetoed the bill, which sought to crack down on the misuse of service animal designations—a contentious issue among state lawmakers.
The bill, introduced by Rep. Marilyn Stark (R-Bethany), sought to criminalize misrepresentation of pets as service dogs when they don’t meet federal standards under the Americans with Disabilities Act (ADA). According to ADA regulations, service animals are specifically trained dogs that assist individuals with disabilities by performing tasks such as guiding the visually impaired, alerting the deaf, or aiding during medical emergencies.
However, the ADA does not require service animals to be registered or documented, which is why critics argue that any attempt at criminalizing lying about service dogs could result in overreach and partiality.
Although the Legislature could still override the veto, doing so would be difficult. The House previously failed to gather enough votes for a veto-proof majority.
In his May 14 veto message, Gov. Stitt acknowledged the problem of fraudulent service animals but argued that criminal charges are excessive. “There are better ways to address this issue without expanding the criminal code,” he stated.
Stark, who has been working on the legislation since 2019, introduced the bill after hearing from constituents whose legitimate service animals were being distracted or endangered by untrained dogs in public spaces.
She emphasized that the intent isn’t to target pet owners but to promote honesty and protect service animal users. “It’s about being truthful,” Stark said. “Businesses can still choose to allow pets, but they deserve to know what’s legitimate.”
If House Bill 1178 is passed, Oklahoma would join 34 other states with laws addressing fake service animals. Supporters of the bill argue that it would help protect public access rights for people with disabilities and reduce safety risks.
Opponents, however, remain unconvinced. Rep. Forrest Bennett (D-Oklahoma City) warned that the law might encourage unnecessary confrontations and legal disputes. He advocated for public education over punitive measures to avoid further burdening the justice system.
Under current law, businesses can only ask two questions to verify a service animal: whether the dog is required due to a disability, and what task it is trained to perform. They cannot request proof or demand that the dog demonstrate its skills, and they cannot inquire about a person’s disability.
Nonetheless, the Legislature has until May 30 to decide whether to pursue an override of the governor’s decision.
Source: The Oklahoman
CertaPet’s Thoughts on This Week’s News
While the misuse of service animal protection remains a concern, Oklahoma’s decision to reject criminal penalties reflects a broader debate over how best to address the issue. Advocates argue that education and transparent enforcement guidelines may be more effective in the long run. As always, CertaPet will keep you informed on how the situation develops further.
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