Fake service, emotional support animal fine; Evers vetoes bill
MADISON, Wis. - Wisconsin Gov. Tony Evers on Friday vetoed a bill that would have, among other things, created a fine for people who fake the need for a service animal or emotional support animal.
Evers vetoes bill
What they're saying:
In addition to creating a fine, Assembly Bill 366 would also have allowed housing providers to ask for proof of medical necessity with documentation, like a prescription. FOX6 Investigators previously highlighted the discrepancies in the process.
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In a letter to the Wisconsin Assembly, Evers said he wants to prevent fraudulent representation but vetoed the bill because he felt it unfairly affects people with disabilities who have legitimate needs. He also said the bill should have been developed with input from disability advocates and stakeholders.
Capitol in Madison
Legislation introduced
The backstory:
The two terms – service animal and emotional support animal – mean different things and offer differing legal protections.
Under the Americans with Disabilities Act, a service animal is defined as a dog or miniature horse that is trained to perform specific tasks.
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An emotional support animal, or ESA, can be any kind of animal with no training at all. An ESA's only purpose is to provide emotional comfort to individuals with a psychiatric disability. Unlike service dogs, ESAs have no legal right to accompany their owners into places where pets are not allowed – but many people don't know that.
Under the federal Fair Housing Act, landlords must allow tenants to live with an ESA, and they cannot charge them extra fees.
Dig Deeper: FOX6 Investigation
- Fake service animals, ESAs; Wisconsin lawmakers tighten the leash
- 'Bogus' emotional support animal letters; Wisconsin investigates psychologist
In June, State Sen. Rachael Cabral-Guevara (R-Appleton) introduced the bill that would have created a $200 fine for falsely claiming to have a service animal and a $500 fine for providing false documentation of an ESA. The proposed legislation would have required health care providers who prescribe an ESA to have a minimum 30-day relationship with the patient first.
The Wisconsin Senate approved the bill, which the Assembly had previously approved, on Nov. 18.
The Source: The governor's office released information related to the veto decision. Information about service animals, ESAs and the bill are from a previous FOX6 Investigation.