Is Cherelle well protected in this state?

        Jackson, Wyoming. "Running with the Elk"

We have traveled from Oregon to Idaho to Wyoming and it has dawned on me that it might be a good idea to chat a bit about the laws regarding Service Dogs in these states. And why, if there is a federal law,do these states and others have their own laws regarding Assistance Animals?

First disclaimer: I am not a lawyer. I have been partnered with a Service Dog for six years and I have taken a keen interest in the rights of those of us who use Assistance Dogs to mitigate our disabilities. This interest has lead me to do quite a bit of reading on the subject. The information I lay out here has been taken from research I have done. The quotes on state laws come from an extremely helpful organization "Animal Legal & Historical Center". Their URL is: www.animallaw.info

Let's talk about why states seem to have their own statutes and if these laws replace the Federal Law. They do not. States cannot overrule federal laws but they may add to the law to clarify it or to offer additional protection beyond what the Federal Law mandates.  I have covered the Federal Law regarding assistance animals in a previous blog.  If you'd like a review or haven't read the blog, a write-up on the law can be found at www.ada.gov/qasrvc.htm.  Now on to the "good stuff", the laws in each of the states I mentioned.  I will cover the following: Accessibility. Interference. Housing. Misrepresentation. Identification. Injury to Dog.

Oregon, my home state for the last 50 years, does not differ from the federal when it comes to "Accessibility". The same holds true for Idaho and Wyoming. 

 "Interference With An Assistance Animal". Oregon has added this as the ADA does not address this issue. In Oregon interefering with an Assistance Dog is a Class C misdeaner. Idaho states only that it is a misdemeanor but no mention of fines.  Wyoming has it is a misdemeanor and adds "....and may be fined of not more than seven hundred and fifty dollars". 

On the issue of "Housing". Oregon law states: "A landlord may not refuse to rent a dwelling unit, to a disabled person on the basis of the person's use or possession of an Assistance Dog." Furthermore "A person who is deaf may not be required to pay a fee or deposit for a hearing ear dog."  Idaho and Wyoming also make it unlawful to discriminate in housing against disabled individuals with Service Dogs. In all three states a person with a disability who uses a service dog is liable for damage of property caused by the service dog.

"Misrepresentation of a dog as an Assistance Animal". The Federal ADA Assistance Animal statutes does not address this which may be why both Oregon and Wyoming do not have a laws that prohibits anyone from lying and claiming a pet is a service dog.  In my opinion this is unfortunate but I understand the reasoning behind it. Idaho does address this issue. "Any person, not being disabled or trained to assist a disabled person, who uses an assistive device or assistance animal in an attempt to gain treatment or benefits as a disabled person, is guilty of a misdemeanor." The wording is interesting in that it removes the service dog vs. non-service dog discussion and instead focuses on whether or not the person is faking a disability. 

"Identification of a dog as a Service Dog"  Personally this is something I advocate and practice but is not required in the federal statute. It is not required by Idaho or Wyoming and in Oregon only a Hearing Dog is required to be identified; "A trained Hearing Dog must wear an orange leash". I think this section of Oregon law could be challenged but then who the heck knows or cares? I always have an orange vest on Cherelle when we are out in public so the color of her leash is, I think moot, but in keeping with Oregon's law I also use an orange leash. 

This next legal issue is, in my opinion, as important as accessibility and that is; "Cause of Injury Or Death To An Assistance Dog".  In many states should a Service Dog be injured,traumatized to such an extent as to be unable to function as a Assistance Dog or killed by either a person or by someone's dog, the disabled individual with the Service Dog has no legal recourse to seek or be awarded damages. I am happy to say that Oregon does cover this in its law, "346.687. Theft of or attack on assistance animal; damages recoverable".  Idaho covers injury or death of not only a service dog but also a service dog in training.  Wyoming may pat itself on the back because this state also has a statute; "Injury or killing a service dog prohibited (35-13-206)" and includes penalties.

As we travel to different states I will very briefly outline the service dog laws in a particular state. I will cover what I talked about in this blog. Accessibility, interference, housing, identification, misrepresentation, and injury to dog.  I also promise to let you know about Cher and my adventures. Very soon in fact. So stay tuned..........

        Buffalo Bill Center of the West, Cody. WY.

Warmest wishes to everyone from me and tail wags from Cherelle aka Cher.