Assignment Overview:

Overview Before you can suggest a change to an existing law or propose a new law to effect a positive change to address a concern, you need a robust understanding of the issue or topic you want to correct. You also need an awareness of the current legal landscape associated with the issue. For example, while a parent with a child severely allergic to dogs may lobby to have the child's school district ban access to all dogs, such an initiative would be unlawful. Minimally, as you learned in Week 2, under state anti-discrimination laws and the federal Americans With Disabilities Act, a school must allow access to service animals, such as a seeing eye or hearing dog. To help you better understand the issue that you identified in Week 2 for your Course Project as a focus for your course project (all parts), this week you will do the following: Part One - Annotated Bibliography 1. You will be locating sources, reading them, and writing an Annotated Bibliography. Here is an example of a full- credit annotated source. You may use this example annotation and table to organize your citations and summaries. Each of the 5 sources you use in your Annotated Bibliography should resemble the example annotation. 2. Locate 5 credible unique sources such as scholarly peer-reviewed academic, law or science journals, professional organization website blogs, news articles, etc. related to the issue you identified in Week 2 that you would like to address and create an annotated bibliography. The sources cannot be sources included in the course learning materials, with the following exceptions: optional or suggested materials, teacher recommendations made throughout discussions or readings provided as a starting point-if any--on the Issue Bank page may be used. For this exercise, do NOT include case law. Although your sources must be unique for this assignment, you may use the sources you find and any sources provided in the course | : b f , 3. Creating an annotated bibliography is a good way to organize potential sources for your course project. Writing an annotated bibliography helps you summarize the sources you have found, evaluate the quality of these sources, and determine the importance of each source for your final project. Your bibliography should include the proper APA reference followed by a short paragraph summarizing the main points of the article. You should include a general overview of the article content, the main ideas presented, and why this article is relevant to your project (see below or an example). Make sure you are locating quality sources. Suggestions of databases/websites to search for scientific articles can be found on your course resource page. Part Two - Federal Law Research 1. To complete this portion of the assignment (the federal and state law portion of this assignment), use this template provided and include the following information: 1. The name of the statute or regulation 2. The legal citation 3. A brief description of the relevant section of the law that applies to your issue. If you are unsure if a federal law applies, note the law and briefly state why you think it may be relevant or why you are unsure. 4. The table lists the only federal statutes that you should consider for your own Course Project issue. Do not add any more federal laws! Looking for other federal statutes that apply will take a very long time and not be productive for you. 1. Note: A completed table is not necessarily a full table! If the law does not apply, then leave the rest of the row blank or simply write N/A. 5. The second section of the table is for the state you are investigating for your course project. You should only research laws that are relevant to your issue. 2. Here is an example template of a full-credit annotated legal resource table for the example issue of "Service Dogs in Training" in the chosen state of California. Since this issue focuses on California, the table includes state statutes in that state related to the issue. If one of the states you covered for Week 2 Assignment 1: State Status Exercise is the state for your Course Project issue, you may copy/paste that information into the state portion of your table. Your state will have different laws than the ones listed here (unless you are researching California). 3. ldentify the primary federal laws addressed in your research that might apply to the issue you are investigating. Although you are focusing on the state level, a state statute might reference the federal law, so you would want to include the information. The template table has the federal laws you should consider, recognizing that not every law available or even discussed in the module is included. The goal is simply to help you keep in mind the federal-state relationship for some of the oversight. If the federal law does not apply, simply indicate the general focus of the law and why it is not relevant to your issue. It is understood that a law federal statute may not directly apply to your topic. You are not required to include pending federal legislation. Example Annotated Bibliography Entry Citation Summary # of pages Dalton KR, Waite KB, Ruble K, Carroll KC, DeLone A, Frankenfield P, et al., Risks associated with animal-assisted intervention programs: A literature review. Complement Ther Clin Pract. 2020 May;39:101145. doi: 10.1016/).ctep.2020.101145. Epub 2020 Mar 18. A study of 29 articles related to hospitals instituting AAI (Animal Assisted Interventions) was assessed to ascertain the risks associated, specifically regarding the spread of zoonotic disease. Results revealed that while incidence of disease spread was low, protocols varied significantly across the hospitals and facilities studied, raising concerns. Across 186 facilities, only 25% had written safety protocols, only 28% required health certifications for the animals, and 29% only allowed registered therapy animals. Handler knowledge of infectious disease control was below 40% and 70% of handlers queried expressed no concerns with disease control. Of the papers reviewed by the authors, the consensus was that AAl is valuable, but there is need for further research, as the small epidemiological dataset (less than 100 animals) provides little insight into actual instances of disease transmission, or whether different standards are needed for hospitals v. other facilities instituting AAL The study's authors recommend that more research on the benefits of utilizing a One Health framework would be helpful in standardizing protocols for safe Eraclices. 4. Include any existing (enacted) animal-related laws in your chosen state that you think might apply directly and narrowly relate to your issue and a very brief explanation as to why you think it might be important. For example, all states have anti-animal cruelty laws, but you would not need to include the law unless there is something stated that specifically addresses your issue. Many states have laws making the false representation of an animal as a service animal a crime, but again, unless germane to your issue you would not want to include this information in your table. To help narrow your scope, when you are searching for a law in your chosen state that might relate, include the qualifying term, such as \"Therapy animal welfare\" rather than simply \"animal,\" or \"Therapy Dog Training\" rather than \"dog training.\" You may miss some laws, but your role as advocate is to provide background information on the issue and explain why an existing law (presuming there is one) may not be adequate. You are providing some preliminary insights to inspire a legislator to further investigate. You are not required to provide nuanced legal arguments, which is why you should not research case laws for this assignment. You will be researching background on the concern, not how the law is applied. Minimally, your table should include the state's definition for a service animal, even if you already found this information for your assignment#1 in Week 2. Yes-you may cut/paste from your prior assignment if this is the case! Part I: Issue Selection The issue we have selected 1s service animal misrepresentation. This 1ssue involves people falsely claiming their pets as service animals to gain access to public spaces where only legitimate service animals are allowed. Misrepresentation causes confusion for businesses and the public, and it undermines the rights of people with disabilities who rely on trained service animals. This topic is significant because it's a growing problem across the U.S., including in Minnesota. While legitimate service animals are critical to the daily functioning of people with disabilities, fake service animals can create safety concerns, disrupt businesses, and weaken trust in laws protecting service animal access. Part II: Initial Inquiry What about the topic looks interesting to you, or why do you care about the issue? e [ care about this issue because service animals play a vital role in helping individuals with disabilities maintain independence. The misuse of service animal designations not only undermines the effectiveness of laws meant to protect individuals with disabilities but also causes confusion for business owners and the public. This issue interests me because it involves a balance between protecting disability rights and maintaining public safety, as untrained pets often don't have the skills or temperament required to behave properly in public spaces. What would you like to know about the topic in general? [ would like to understand the scope of the problem in Minnesota and how businesses currently deal with the challenge of distinguishing legitimate service animals from fake ones, Specifically, how do Minnesota laws handle these situations, and what are the enforcement practices in place? Are there any current proposals for addressing this 1ssue? Why do you think a law would be beneficial for the particular concern? e A law addressing service animal misrepresentation is beneficial for multiple reasons: = Public Safety: Untrained pets in public areas can pose health and safety risks, including being aggressive toward other animals or people. - Protection of Disability Rights: People with legitimate service animals are negatively impacted when businesses and the public become skeptical due to misrepresentation. A law would protect the rights of people with disabilities by ensuring their service animals are recognized and respected. - Clarity for Businesses: Businesses face legal risks if they deny access to legitimate service animals, but they also encounter difficulties when customers bring in untrained pets. A clear law would help businesses navigate these situations with confidence. What would be necessary to make the law effective? Clear Enforcement Mechanisms: The law would need to specify who is responsible for enforcement (e.g., local law enforcement or state agencies) and outline specific penalties for violations. Education for the Public and Businesses: Public awareness campaigns would be essential to inform the public about the rights of people with disabilities and the role of service animals. Additionally, businesses would need training on how to recognize legitimate service animals and what questions they are legally allowed 1o ask to verify. Penalties for Misrepresentation: The law should include fines or other penalties for individuals who falsely claim their pet is a service animal. This could discourage people from misusing the designation and help reduce the problem. Funding for Education and Enforcement: Adequate funding would be required to implement public education campaigns and to train law enforcement officers on how to handle these cases effectively. What about the animals associated with the issue? It's important that the law ensures the protection of both legitimate service animals and pets. Trained service animals undergo rigorous training to ensure they behave appropriately in public and can assist their handlers. In contrast, pets being misrepresented may not be properly trained, putting them in stressful or unsafe situations. The law should define clear criteria for what constitutes a service animal and what training or certification is required. Ensuring that animals are not placed in situations where they may act out due to lack of training is important for their welfare as well. Aside from peer-reviewed journals and internet searches, what other resources might help you understand more about the topic, its application, and whether it is interesting to pursue? It would be helpful to speak with: - Disability Rights Advocates: They can provide insight into the challenges faced by people with disabilities and how service animal misrepresentation impacts their day-to-day lives. - Service Animal Training Organizations: These organizations could offer valuable information on the standards and training required for legitimate service animals. - Legal Experts on Animal and Disability Law: They can provide a deeper understanding of how current laws are structured and what gaps need to be addressed. - Minnesota Business Owners: Understanding how local businesses handle these situations and what concerns they have regarding service animal misrepresentation would be beneficial. Other questions or thoughts that come to mind and make a topic seem worthwhile to you. e How does Minnesota compare to other states in terms of penalties and enforcement for service animal misrepresentation\"? What have been the experiences of other states that have implemented stricter laws on this issue? Understanding the effectiveness of these laws in other states could inform how Minnesota might strengthen its own legislation. Part 111: State Selection The selected state for this advocacy project is Minnesota. While Minnesota does have laws related to service animals, the issue of misrepresentation is still prevalent, and there is room for improvement. e Why Minnesota?: Minnesota has an active legislative environment and has shown interest in improving disability rights and animal protection laws. By focusing on Minnesota, we can propose modifications or expansions to existing service animal laws, particularly focusing on increasing penalties and public education efforts to curb misrepresentation. e Research Focus: The first step will be to look at Minnesota's current laws on service animals, focusing on how they define service animals and the penalties for misrepresentation. We will also research any pending legislation or recent discussions in the state legislature related to service animal laws Research Findings: Service Animal Misrepresentation in Minnesota Minnesota has specific laws in place to address the misrepresentation of service animals under Section 609.833 of its state statutes. Here's a detailed look at what this law entails and how it compares to best practices in other states: Current Law in Minnesota: e Prohibited Conduct: It 15 illegal in Minnesota to intentionally misrepresent an animal as a service animal in any place of public accommodation. This includes misrepresenting pets to gain access to areas where only service animals are allowed. This law protects individuals who genuinely rely on service animals from having their rights infringed upon due to fraudulent claims by others, Penalties: A first violation 1s considered a misdemeanor, punishable by a fine. e Subsequent violations are classified as a misdemeanor, which could lead to more severe penalties, including jail time or larger fines. e Notice and Education: Businesses are encouraged to display signs that explicitly state, "Service Animals Welcome. It is illegal for a person to misrepresent an animal in that person's possession as a service animal." The Minnesota Council on Disability also provides brochures and training materials to businesses about the permissible questions they can ask to verify service animals, in compliance with ADA guidelines. Comparing to Other States: Minnesota's penalties are similar to those of other states like Florida and California, which also impose fines or misdemeanors for misrepresentation. However, some states have gone further by implementing more stringent enforcement mechanisms and public education campaigns. For instance: e Colorado has a public awareness program that helps businesses distinguish between legitimate service animals and pets, including training modules for employees. e California mandates stricter fines and includes penalties for emotional distress caused by fraudulent service animal claims, which may be something Minnesota could consider adding to its laws. Proposed Legislative Improvements: To strengthen Minnesota's existing law on service amimal misrepresentation, the following steps could be considered: 1. Enhanced Public Education: A broader public education campaign could be launched to inform both businesses and the general public about the distinctions between service animals and emotional support animals, and the legal implications of misrepresentation, 2. Stronger Enforcement Mechanisms: Minnesota could follow other states' models by introducing stricter fines for repeated offenses or imposing civil penalties for fraudulent claims. 3. Certification or Registration System: Some states have proposed or implemented a voluntary certification program for service animals. While controversial, such a system could help reduce instances of fraud by providing businesses with a way to verify legitimate service animals without infringing on ADA rights. These findings provide a comprehensive understanding of Minnesota's current stance on service animal misrepresentation and suggest potential areas for legislative improvement based on successful initiatives in other states. References: 2023 Minnesota Statutes. (2023). Office of the Revisor of Statutes. hitps:/'www. revisor.mn. gov/statutes/cite/609/full About Us. (2024). Positively Service Dogs, Inc. https://pawsitivelys Service Amma.'s (2{)24] Minnesota Counml on Dahlllty Service and Emotional ?upparf Amma.'s {2(}24} Minnesota Department of Human Rights, /mngov/ {y