Bill on service animals would align Ohio law with federal law

As service animals proliferate and become more of a fixture in everyday settings, ranging from commercial airlines to the office, a pair of Ohio lawmakers have introduced legislation to align state law with federal and Americans with Disabilities Act requirements.

Succinctly, House Bill 303, prohibits places of public accommodation from disallowing individuals who require the use of a service animal from entering.

"The bill would clarify definitions regarding the prohibition of public places of accommodation from preventing the use of a service animal by any person with a disability," Rep. Scott Lipps, R-Franklin, told his peers in the Ohio House of Representatives. "The removal of the service animal may be requested if the animal is out of control and effective action is not taken to regain control or the animal is not housebroken.

"However, the place of public accommodation shall give the disabled individual the option to remain without their service animal."

According to HB 303, a service animal is "any dog that is individually trained for the benefit of an individual with a disability to do work or perform tasks that are directly related to the individual's disability."

The definition excludes any species of animal other than a dog, whether wild or domestic, trained or untrained.

An individual using a service animal shall keep the dog under control with a harness, leash or other tether, the bill stipulates. Exceptions include, if:

the individual or handler is unable to use a harness, leash or other tether because of the individual's disability; or

the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks.

Lipps said the bill would prohibit the owner or manager of the public accommodation from inquiring of the nature or extent of the disability, "but may determine the nature of the service animal by asking two questions: Is the animal required because of a disability?

"What work or task has the animal been trained to perform?"

A special provision in the bill allows for the use of a miniature horse in the same regard as a service dog.

"A place of public accommodation shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been trained to do work or perform tasks for the benefit of the individual with a disability," the bill reads.

A business, restaurant or other place of public accommodation may consider the following to determine whether a miniature horse is permitted:

(a) The type, size, and weight of the miniature horse and whether the facility can accommodate these features;

(b) Whether the handler has sufficient control of the miniature horse;

(c) Whether the miniature horse is housebroken; and

(d) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

Finally, HB 303 would establish that falsely claiming an animal is a service animal in a place of public accommodation - or prohibiting use of a service animal by an individual with a disability - is a second degree misdemeanor.

Rep. Brigid Kelly, D-Cincinnati, jointly sponsored the bipartisan measure with Lipps.

HB 303, which also secured the cosponsor support of an additional 15 House members, awaits committee referral.