Photo by: Piyoros
C/Shutterstock.com
Reprinted from Cesar's Way / www.cesarsway.com
You may have noticed the signs outside of businesses
becoming more prominent lately. They all carry a similar message: Only
legitimate service dogs allowed. And, in some jurisdictions, they are now
adding a reminder that service dog fraud is a crime.
But
what, exactly, is “service dog fraud?”
First,
what it isn’t. You may see statements that service dog fraud is a federal
crime, but it isn’t — at least not when it comes to a person with a fake
service dog. The Americans with Disabilities Act (ADA) does
cover the definition of service animals, which is currently limited strictly to
dogs and miniature horses, but it does not provide any penalties at the moment
for falsely claiming that a companion animal is a service animal. Regulation
and registration of those animals — other than what kind of animal they can be
— are left up to the states.
However,
the ADA does require almost all businesses to allow entry to
legitimate service animals and only allows those businesses to ask two
questions:
1. Is this a service dog
required because of disability?
2. What is it trained to do to
mitigate the disability?
Service
vs. support
Obviously,
this means that businesses can reject all other animals outright because they
would never fall under the definition, but maneuvering around the law in order
to determine whether an animal is legitimate can open that business to federal
penalties if they wrongfully reject a real service
animal from their premises. The only exception is if the animal
becomes disruptive or is not housetrained.
Also note
that a dog must be trained to actively do something to help with a disability,
which creates another gray area. A legitimate PTSD service dog, for example, is
trained to sense when its handler might be in danger of having a panic attack
and taking action in order to prevent or mitigate that attack. However, if
someone, even if they’re suffering from PTSD, wants to bring along their untrained
dog because it makes them feel calmer or more secure that is, unfortunately, an
example of service dog fraud.
There is
an exception when it comes to air travel. The Air Carrier
Access Act does allow both service dogs and emotional support
animals (ESA) to travel on airplanes. However, there are strict requirements
for ESAs, including a letter dated within the past year from a mental health
professional stating that the traveler has been diagnosed with a mental-health
related disability as defined in the DSM-IV, that the animal is necessary to
the passenger’s health or treatment, and that the passenger is under the care
of the professional who wrote the letter.
Abusing
the system
Recently,
far too many people have been taking advantage of the law fraudulently, leading
to non-service dogs being brought into places where they don’t belong, like
restaurants, grocery stores, and movie theaters. An entire industry of fake
service animal “registration” businesses has also cropped up, largely online
and generally unregulated.
As a dog
owner, it’s never a good idea to use one of these services. As a business
owner, it’s a good idea to know how to be able to spot fake certification. And, as a direct result of this
abuse, many states have now made such fraud a criminal act, hence the new
warnings appearing.
States
respond
California,
for example, has the harshest penalties for fraud, which the law describes as
when someone “knowingly and fraudulently represents himself or herself, through
verbal or written notice, to be the owner or trainer of any canine
licensed/qualified/identified as a guide, signal, or service dog...” (CA Penal Code § 365.7). The penalty is up to six months in
jail or a fine of up to $1,000, or both.
Currently,
California and eighteen other states have laws concerning service animal
fraud: Colorado, Florida, Idaho, Kansas, Maine, Michigan, Missouri, Nebraska,
Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Texas,
Utah, Virginia, and Washington, and other states, like Massachusetts, are working on their own laws.
Not a
victimless crime
We all
love our dogs, and it’s understandable to want to take them everywhere with us
— the upswing in dog-friendly
workplaces and restaurants demonstrates
that. However, as attractive as the idea may be, there are just places where
dogs don’t belong.
And this
isn’t just about bothering people who might be allergic or who don’t like dogs.
It can be a very stressful experience for a dog that isn’t trained to handle
crowds or busy public places. It can also harm people with a legitimate need by forcing businesses to question
everyone with a service animal.
So unless
you do have a legitimate disability and a trained service dog, or a mental
health professional has diagnosed and recommended an emotional support animal,
leave your dog (or cat or ferret or other furry friend) at home the next time
you’re going somewhere that only allows service dogs. It’ll be better for your
pet, for you, and for the community in general.
