ESA Weekly News Report, March 14th: State Introduces Bill To Incriminate Misrepresentation Of Service Animals

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  • ESA Weekly News Report, March 14th: State Introduces Bill To Incriminate Misrepresentation Of Service Animals

By: Kathryn Anderson Updated: March 14, 2024

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A warm welcome to all our readers for the latest edition of the CertaPet newsletter. This week, we’ll be covering two pieces of legislation that can affect the Emotional Support and Service Animals community. So, let’s get down to business without wasting any more time.

Bill SB 219 Seeks To Create Penalties For Folks Misrepresenting Service Animals In Delaware

Senator Dave Lawson and State Representative Danny Short sponsored bill SB 219 in Delaware’s General Assembly on February 29. The legislation addresses the misrepresentation of Service and Assistance Animals under the Delaware Fair Housing Act and the Delaware Equal Accommodations Law.

The bill proposes a civil penalty of $500 for the first offense, while subsequent violations fall under the category of misdemeanors. 

Senator Lawson stated that the bill is designed to deal with the false classification of Service and Assistance Animals as part of recognizing their importance and ensuring they receive rightful treatment and recognition.

It’s important to note that SB 219 also proposes updates to the definitions, terms, and requirements for Assistance Animals under the Delaware Fair Housing Act and changes to the Residential Landlord-Tenant Code. 

Representative Short claimed these changes are meant to protect individuals who genuinely require Service Animals from discrimination in housing. 

However, it’s unclear how these changes aimed at safeguarding landlords from exploitation might impact members of the Emotional Support and Service Animals community who face undue bias despite having protection under state and federal law. 

Source: CoastalPoint

Bill That Intends To Ban Animals From Restaurants Is Close To Becoming Law In Tennessee

A proposed Tennessee bill brought forward by Senator Page Walley is on the verge of becoming law. The bill, triggered by reports regarding untrained animals causing disruptions, aims to prohibit non-service animals from indoor areas of restaurants but not outdoor spaces. 

The legislation does not apply to federally recognized Service Animals and mainly targets Emotional Support Animals that lack certification. The bill has extensive support from restaurant owners facing lawsuit threats from disgruntled customers. 

Senator Walley collaborated with the Disability Rights of Tennessee on the legislation, which has successfully passed both the House and Senate. The bill now awaits the Governor’s signature for formal enactment.

Source: NewsChannel5

CertaPet’s Thoughts on This Week’s News

The misrepresentation of Service Animals is causing more and more states to enact penalties to discourage such actions. However, activists are raising alarms about how these preventive measures can inadvertently tip the scales against genuine Service and Emotional Support Animals. 

If you’re living with a mental illness, getting an emotional support animal could really help your recovery. These loving animals could ease your symptoms and help you live a happier, fuller life. If you’re ready to start the process, take our 5-minute pre-screening test for free. We’ll connect you with a licensed mental health professional, who will have a consultation with you. Then, if you qualify, you’ll get your ESA letter in no time.


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