PHOENIX 鈥 State lawmakers are hoping to keep Fido and FiFi out of grocery stores, restaurants and airports if they have no legal right to be there.
On a party-line vote Thursday, the Senate approved HB 2588. It would make it illegal for someone to 鈥渇raudulently misrepresent鈥 a pet as a legitimate 鈥渟ervice animal.鈥
Violators would be subject to fines of up to $250.
Sen. John Kavanagh, R-Fountain Hills, said the problem has gotten out of control.
鈥淩ight now it is perfectly legal to buy a $20 vest on , put it on your pet and take it into a store,鈥 he told colleagues.
Sen. Steve Farley, D-蜜柚直播, acknowledged that both state and federal law preclude business owners from demanding that those who claim their dogs are service animals detail their disabilities. But he said that does not leave them without remedies when there are problems.
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He said store owners can ask an owner to remove an animal 鈥 even a service dog 鈥 if the animal poses a direct threat to the health or safety of others. The same is true if the animal is out of control, not housebroken on 鈥渇undamentally alters the nature of the public place or the goods, services or activities provided.鈥
鈥淪o basically, if you鈥檝e got a poorly behaved animal, a service animal or somebody claiming for it to be a service animal, the owner has the full authority to kick that animal out of the premises,鈥 Farley said. 鈥淭here is no need to involve law enforcement.鈥
In fact, Farley noted, even if a business owner called police, they can鈥檛 do anything to remove the animal. Instead, it would simply require the owner to appear in court.
Kavanagh, however, said focusing on whether an animal is well-behaved 鈥 or even housebroken 鈥 misses the point.
鈥淚 don鈥檛 want some dog being wheeled around a supermarket in the same cart I鈥檒l put my food in later to be able to stay just because he鈥檚 not misbehaving,鈥 he said.
Sen. Katie Hobbs, D-Phoenix, countered that there already are ways for business owners to approach those with animals and separate out the legitimate service dogs from household pets 鈥 all without violating federal and state laws about asking people about their disabilities.
She said store owners are allowed to ask if the animal really is a service animal. And they also can question a handler exactly what task the animal is trained to perform.
鈥淎nd if it is not a legitimate service animal, the people bringing the animal in are not going to be able to answer the questions accurately and appropriately,鈥 Hobbs said. 鈥淎nd the proprietor can ask them to leave at that point.鈥
Kavanagh, however, said it shouldn鈥檛 get that far.
鈥淚鈥檓 trying to prevent the situation where store owners have to begin interrogating people with service animals, especially people with legitimate service animals,鈥 he said. 鈥淭he way to stop this is to deter the phony people from coming in in the first place.鈥
The measure now needs House approval.
