 A therapy dalmatian wears a Halloween wig, as part of a program to de-stress passengers at the international boarding gate area of LAX airport in Los Angeles, California, United States, October 27, 2015. REUTERS/Lucy Nicholson - GF20000035697 Show
Chris Slavin was in an elevator a couple years ago with Earle, her yellow lab service dog, sitting calmly beside her wheelchair. The elevator doors opened and in walked a woman holding a purse. In the purse was a teacup poodle the color of apricots. The doors closed just as the poodle spotted Earle. That's when the trouble started. In an instant, the poodle leaped from the purse, flung himself at Earle, and clamped his teeth into the bigger dog's snout, leaving Earle bleeding onto the elevator floor. "As soon as this occurred the woman said the poodle was a service dog," said Slavin, who has a severe spinal injury that requires use of the wheelchair. "She then said he wasn't a service dog but an emotional support dog. Finally, she admitted he was a pet she just wanted to bring in the building with her." Incidents like that one in Reading, Massachusetts, not far from where Slavin lives in Danvers, have spurred 19 states to enact laws cracking down on people who try to pass off their pets as service animals. The push has been gathering steam in recent years: Virginia implemented its new law in 2016, and Colorado followed suit this year. Massachusetts is now considering a similar proposal. "Today, any pet owner can go online and buy a vest for a dog to pass it off as a service animal to gain access to restaurants, hotels and places of business," said Republican state Rep. Kimberly Ferguson, who introduced the Massachusetts bill. "Their animals aren't trained and end up misbehaving in these public places, which gives real service dogs a bad name." Service dogs, which are trained to perform tasks for a person with a disability, were first used by people with vision and hearing impairments. They are now also used by those who use wheelchairs or have other impairment in mobility, people who are prone to seizures or need to be alerted to medical conditions, like low blood sugar, and people with autism or mental illness. The American Humane Association, which promotes the welfare and safety of animals, says there are 20,000 service dogs working in the U.S. Supporters of the new laws compare those misbehaving dog owners to people who acquire handicap signs so they can park in spaces intended for disabled people. The laws make it a misdemeanor to represent an untrained dog as a service animal, and usually come with fines of no more than $500 for an incident. "Today, any pet owner can go online and buy a vest for a dog to pass it off as a service animal to gain access to restaurants, hotels and places of business. Their animals aren't trained and end up misbehaving in these public places, which gives real service dogs a bad name." But because there is no certification or official national registry of legitimate service dogs, there is no way to verify whether a dog has undergone rigorous training to become a service animal. That makes it hard to enforce the laws, said David Favre, a law professor at Michigan State University College of Law and editor of its Animal Legal and Historical Center website, which follows public policy issues related to animals. He said he's not aware of anyone who has been prosecuted anywhere for violating them. Rather, he said, the laws are largely symbolic, and meant to educate dog owners as well as people who let pets into spaces where they don't belong. "Maybe you can scare some people into being honest." People who pass off their dogs as service animals in order to take them into stores, restaurants, libraries, sporting events and offices are a real problem, he said, for the proprietors of those establishments, their customers and disabled people who genuinely rely on the help of their service dogs. "A service animal is trained to be in public and to be under control and non-intrusive and not bark," Favre said. "They are trained not to be a nuisance in any way. You should hardly even know they are there." Because of Earle's training as a service dog, Slavin said, when the poodle attacked him, "My dog never moved, never retaliated, never barked." He did nothing. That is the way a service dog is trained. They are not going to ever be aggressive. Ever." 'Four on the Floor' Service dogs receive up to two years of training, which can cost more than $40,000. Before they are placed, their new owners are often required to live at the training center for a week or two to learn about caring and interacting with their dogs. Many training centers provide the dogs free of charge to disabled clients, defraying their costs through fundraising. The waiting time for a service dog is often two years or longer. But for people who want to pass off their pet as a service dog, it's easy enough to be convincing. Anyone can go online and purchase for about $20 the types of vests that legitimate service dogs usually wear. The vests may help the fake service dogs gain entry, but their behavior, and that of their owners, often gives them away. Trained service dogs don't go off-leash, bark, knock things off shelves, jump on people, play or fight with other dogs, or grab food off tables, trainers say. And owners of real service dogs don't carry them in shopping carts or purses. "The rule is four on the floor," with all four feet on the ground except when a dog is performing a task, said Katelynne Steinke, a paraplegic in Cape Cod, Massachusetts, with her own yellow lab service dog. The problem is that the proprietors of establishments where people bring their dogs have no way of determining whether a dog is a real service animal. The American with Disabilities Act requires all places open to the public, such as businesses, government agencies and entertainment venues, to give access to service dogs and their owners. And it permits them to ask only two questions: whether the dog is required because of a disability and what tasks the dog is trained to perform. It is illegal to request documentation for the dog or to ask the nature of the owner's disability. There's another complication: the growing use of "emotional support dogs," which are intended to provide comfort to those with anxiety or other emotional problems. Some of them may have received special training, although nothing as rigorous as the training for service dogs. (Emotional support dogs are not covered under the ADA and can legally be denied access.) Some service dog owners say many businesses, unable to tell fake service dogs from real ones, allow all of them in. Many owners of service dogs avoid those places for fear of exposing their animals to danger from untrained dogs. Other businesses, they say, simply bar all dogs from the premises, even if it violates the ADA. The National Disability Rights Network, which advocates on behalf of people with disabilities, is sympathetic to those who want to crack down on pet owners who misrepresent their dogs as service animals. But Ken Shiotani, a senior staff attorney with the organization, said the laws should aim to educate, rather than punish, and the penalties for violations should be minimal. "We want to have a positive impact on people to help them realize that what they've done has this very negative effect." Advocates for the laws agree. Cathy Zemaitis, who helped draft the Massachusetts bill and is director of development for National Education for Assistance Dog Services, a Massachusetts group that says it has trained over 1,700 dogs since 1976, said the laws should launch a national effort to teach people not to put dogs in situations they are not trained for — and to educate the public on the need for legitimately trained dogs. The long-term goal, Zemaitis said, is the creation of a national certification program and registry for legitimately trained service dogs. "This is the beginning of a much larger conversation we need to have."
Act 2018-235, § 5, HB198 became law on March 8th, 2018. It makes the misrepresentation of an animal as a service animal for the purposes of housing a crime subject to a civil penalty of $500 or treated as a Class C misdemeanor. Subsequent offenses would be a Class B misdemeanor. – Source More info on Alabama State Laws
As of July 2021, there is no law in Alaska against falsely claiming that a dog is a service dog. However, Alaska Statute §11.46.570 makes criminal impersonation in the second degree a Class A misdemeanor. The definition includes assuming a false identity for the purpose of obtaining a benefit to which the person is not entitled. More info on Alaska State Laws
Arizona House Bill 2588 makes it a class 2 misdemeanor to misrepresent an animal as a service animal or service animal in training. If found guilty, the person may be fined up to $250 per violation. This bill was signed into law on April 17, 2018 – Source More info on Arizona State Laws
Senate Bill 654 was signed into law on April 17, 2019. It makes the misrepresentation of an animal as a service animal a crime subject to a civil penalty of up to $250 per violation. – Source More info on Arkansas State Laws
According to California Penal Code 365.7 effective January 1, 1995, any person who misrepresents themselves as the owner of a service dog is guilty of a misdemeanor. Penalties may include up to six months in the county jail, a fine up to $1,000, or both. – Source More info on California State Laws
Colorado’s governor signed House Bill 16-1426 into law on June 10, 2016. The law states that representing a non-service animal as a service animal may carry a fine between $25 and $500 depending on the number of offenses. – Source More info on Colorado State Laws
In 2019, proposed bill H.B. 7106 about service dog representation did not become law. As of July 2021, there is no law in Connecticut against falsely claiming that a dog is a service dog. – Source More info on Connecticut State Laws
While Washington D.C.’s law does not penalize falsely claiming that a dog is a service dog as of January 2019, § 7–1002 does allow businesses to expand on the ADA’s allowed questions with two additional requests. In addition to asking if the dog is a service animal required because of a disability and what work or task has the dog been trained to perform, businesses may ask whether the animal meets the definition of a service animal provided in § 7-1009(5); and whether the animal is housebroken. – Source More info on D.C. State Laws
Florida Statue 413.08(2015) states it is a misdemeanor for a person to misrepresent themselves as qualified to use a service animal. Violators will be required to perform 30 hours of community service. – Source More info on Florida State Laws
A 2018 Senate resolution created a committee to explore the need for laws criminalizing fraudulent assistance animals. This was not a proposal for a fake service dog law, but an exploration of the need for one. As of July 2021, there is no law in Georgia against falsely claiming that a dog is a service dog. – Source More info on Georgia State Laws
Hawaii SB2461 established a civil penalty for the misrepresentation of a service animal. Service dog fraud carries a fine of between $100 and $500, depending on the number of violations. This bill became law on July 12, 2018 and went into effect on January 1, 2019. – Source More info on Hawaii State Laws
Idaho Statute 18-5811A makes it a misdemeanor to misrepresent an animal as a service dog or to falsify a disability in order to gain the treatment or benefits granted to people with disabilities. – Source More info on Idaho State Laws
Illinois HB3162 was introduced in 2017 and would have established a service dog licensing program which would have required licensing for any dog acting as a service dog. The bill was similar to the 2016 attempt by the same lawmaker. The bill was criticized as violating the ADA, and did not pass. – Source More info on Illinois State Laws
Indiana Senate Bill 240 was signed into law in March 2018. This bill tightens rules surrounding emotional support animals and makes it a Class A infraction to misrepresent an animal as an emotional support animal (ESA) by fitting it with a vest, leash, harness, or otherwise, make false claims of a disability in order to obtain an ESA, or provide fake documents to a lessor in order to fraudulently claim a pet as an ESA. – Source More info on Indiana State Laws
The Iowa Senate Veterans Affairs Committee sponsored Senate File 2365 to make fake service dogs illegal, and it was passed by the Senate on March 7, 2018. A person who misrepresents the need for a service or assistance animal is subject to a civil penalty. The intentional misrepresentation of a service animal or service dog in training is a simple misdemeanor that may be subject to up to 30 days’ confinement and a fine between $65 and $625. – Source More info on Iowa State Laws
A 2015 Statute makes it a class A nonperson misdemeanor for a person to misrepresent an animal as a service dog, or to misrepresent a disability in order to acquire a service animal. Under Kansas law, a Class A nonperson misdemeanor may be punishable by up to one year in jail, a fine of up to $2,500, or both. – Source More info on Kansas State Laws
As of July 2021, a bill in the House proposes to amend existing Kentucky statute 258.500. If it passes, the amended law would prohibit the misrepresentation of assistance dogs. It would impose the same penalties as the law currently imposes for denial of service to a person with a service dog: A fine of between $250 and $1,000, or imprisonment for a term between 10 and 30 days, or both. – Source More info on Kentucky State Laws
While there is no penalty stated for misrepresenting a service dog, Louisiana’s LA Rev Stat § 21:52 states that the provisions for people with guide dogs are inapplicable unless the person can provide documentation from a training agency of the service dog’s training, and handlers of guide dogs in training must provide proof of their qualifications. – Source More info on Louisiana State Laws
In Maine, Title 17, §1314-A states that it is a civil violation to misrepresent an animal as a service or assistance animal. Misrepresentation includes creating or providing false documents that state an animal is a service animal, as well as the use of fake service dog vests, collars, or harnesses. The penalty for this violation is a fine of up to $1,000. – Source More info on Maine State Laws
In Michigan, a 2016 amendment to Act 82 of 1981 makes it a misdemeanor to falsely represent an animal as a service animal or service animal in training. Violations are subject to imprisonment for not more than 90 days, a fine of up to $500, and/or up-to 30 days of community service. The Department of Civil Rights’ complaint hotline accepts reports of violations and refers those reports to law enforcement. – Source More info on Michigan State Laws
In 2018, Minnesota Statutes chapters 604A; 609 made it a petty misdemeanor to misrepresent an animal as a service animal in order to take advantage of the rights afforded to a person who qualifies for a service animal under federal law. Subsequent offenses are considered a misdemeanor. – Source More info on Minnesota State Laws
In 2018, lawmakers amended section 43-6-153, Mississippi Code of 1972, to further define service animals and their roles. As of July 2021, there is no law in Mississippi against falsely claiming that a dog is a service dog. – Source 2018 update to bill includes PTSD and animals “necessary” for assistance. More info on Mississippi State Laws
As of July 2021, lawmakers are considering House Bill 1319, under which it would be a crime to impersonate a person with a disability or to misrepresent a dog as a service dog, for the purposes of receiving accommodations regarding service dogs. A first offense would be a class C misdemeanor, and subsequent offenses would be class B misdemeanors. If passed, the law would become effective August 2020. – Source More info on Missouri State Laws
In 2019, Montana Code 49-4-221 made it a misdemeanor to knowingly misrepresent an animal as a service dog, and 49-4-222 established penalties for violating the code as follows: First, a person must be issued a written warning that it is illegal to misrepresent an animal as a service animal. Subsequent violations carry increasing fines of between $50 and $1000, and the violator may have to perform community service for an organization that advocates on behalf of people with disabilities. – Source 1 Source 2 More info on Montana State Laws
As of May 31, 2005, it is a misdemeanor under Nevada Revised Statute 426.805 for a person to misrepresent an animal as a service animal or service animal in training and is punishable by a fine of not more than $500. – Source More info on Nevada State Laws
Senate Bill S6565 from the 2017-2018 regular sessions amended New York’s §§108, 111 and 118 Agriculture and Markets Law regarding dog licensing to make it a violation to use identification tags classifying a non-service dog as a service animal. Depending on the number of violations, the penalty ranges from fines to imprisonment. – Source More info on New York State Laws
In 2019, Chapter 25-13 of the North Dakota Century Code was amended to make it illegal for an individual to knowingly make a false claim that an animal is a service animal in order to gain admission to a public place or obtain a housing accommodation. – Source In addition, Section 47‑16‑07.6 of the North Dakota Century Code allows a lessor to evict and collect damage fees up to $1,000 from any tenant who is found guilty of misrepresenting an animal as a service animal or providing false disability documentation to gain access under Fair Housing Laws. – Source More info on North Dakota State Laws
Effective November 1, 2018, House Bill 3282 authorizes landlords to require documentation of a need for a service animal. The bill further states that any person misrepresenting a service dog or making a false claim of having a disability in order to obtain a service dog may be subject to the penalties within the Oklahoma Residential Landlord and Tenant Act, including eviction, and may be responsible for court fees plus damages up to $1,000. – Source More info on Oklahoma State Laws
Oregon House Bill HB 3098 was proposed in the 2019 Regular Session, but it failed to pass. The bill would have made it an offense to misrepresent a dog as a service dog. More info on Oregon State Laws
In July of 2019, Chapter 40-9.1 was amended with Section 3.1, “Misrepresentation of a service animal.” Misrepresenting an animal as a service animal is a civil violation, punishable by up to 30 hours of community service for an organization that serves individuals with disabilities. – Source More info on Rhode Island State Laws
In May of 2019, South Carolina’s governor signed Senate Bill 281 into law. Chapter 3, Article 1, Section 47-3-980 states that it is unlawful for a person to intentionally misrepresent an animal as a service animal, and establishes fines of up to $250 for a first offense, up to $500 for a second offense and up to $1000 for a third offense. – Source More info on South Carolina State Laws
Senate Bill 119 makes it illegal for a tenant to provide fraudulent documentation or falsely claim that an animal is a service animal for rental purposes. If such false claim is made, a landlord may evict the tenant and collect a damage fee not to exceed $1,000. – Source More info on South Dakota State Laws
Under the Texas Human Resources Code Sec. 121.006, any person who misrepresents an animal as a service animal is guilty of a misdemeanor, which is punishable by a fine of up to $300 and 30 hours of community service. – Source More info on Texas State Laws
Misrepresenting an animal as a service animal, or falsifying information in order to gain a service animal without necessity is a Class C misdemeanor under Utah Human Services Code 62A-5b-106. – Source More info on Utah State Laws
Effective January 1, 2019, under Washington’s HB 2822, any person who misrepresents an animal as a service animal has committed a civil infraction, which carries a penalty of $500. – Source More info on Washington State Laws
Article 15, §5-15-9, of the West Virginia Code states that it is a misdemeanor to misrepresent a dog as a service dog; a first violation is punishable by a fine of up to $200 and/or up-to 10 days in jail; subsequent violations are punishable by a fine of up to $1,000 and up to 30 days in jail. – Source More info on West Virginia State Laws The Americans with Disabilities Act (ADA) is a federal law that defines a service animal as “a dog [or miniature horse] that is individually trained to do work or perform tasks directly related to the person’s disability.” The key points are that the handler must have a disability, and the service animal must be trained to perform specific tasks to mitigate that disability. The ADA provides privacy to people with disabilities, and it prevents staff and employers from asking people with service animals about the nature of their disabilities or requesting to see the animal perform its task. Fearful of being out of compliance with the ADA, some employers and staff don’t ask any questions at all of people who are accompanied by dogs. However, the ADA’s service dog FAQ explains that when it is not obvious that an animal is a service animal, “[S]taff may ask two specific questions of the handler: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform?” Falsely representing an animal as a service animal carries specific penalties in a majority of states. States Where Fake Service Dogs are IllegalA canine wearing a vest with “Service Dog” patches means that animal is working, assisting their handler who has a disability—or does it? An increase in animal-related incidents and fake service dogs has created suspicion among the public in response to dogs labeled as service animals—which in turn causes distress for people who need a service dog to assist with legitimate disabilities. Is it illegal to fake a service dog? The majority of states have passed laws regarding fraudulent service dogs and emotional support animals—and many new bills were introduced during the 2018 legislative session in states without current laws. As of July 2021, 33 states carry penalties for fraudulently representing service dogs. An additional four states have proposed bills regarding fake service dogs, some of which are currently being considered, while others are on hold. The earliest example of such a law is California’s statute, which passed in 1995. The majority of laws since were passed after 2014. Misrepresenting a pet as a service dog in these states may result in fines, community service, or even time in jail. Is There a Registry for Service Dogs?There is no registry for service dogs—no website or individual can offer certification that a dog is a legitimate service dog. To qualify for a service dog, one must have a disability as defined by the Americans with Disabilities Act. And, the service dog must be trained to complete a task related to that disability. A chihuahua trained to recognize the early signs of a seizure and alert someone is an example of a service dog, while a rottweiler that eases stress simply by being present—but is not trained to perform a disability-mitigating task—is not. The latter may be considered an emotional support animal, and a person may be allowed to keep such an animal in no-pets housing per the Fair Housing Act—but ESAs are not the same as service dogs. How Does the ADA Define a Service Dog?The ADA’s phrasing allows privacy for people who should not be required or expected to disclose the details of their disability. Some service dog advocates believe state legislation or banning the sale of fake service dog vests does not stop the problem: people who take advantage of the vague wording within the federal service dog law. Unless you have a disability that requires the assistance of a service dog, leave your canine companion home. |
What states is it illegal to fake a service dog
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