The Problem with Fake Service Dogs
Fake Service Dog IDs are Easy to Come By
Recently, as my husband and I were waiting to board a plane from Atlanta to Tampa, we noticed a young woman walking around at the same gate. With one hand, she held a cell phone to her ear. With the other, she held a canvas bag.
Hanging limply in the crook of the woman’s cell phone arm was a tiny Chihuahua with a pink, rhinestone-studded collar around its neck.
We watched the woman for fifteen or twenty minutes as she walked back and forth carrying on her never ending phone conversation, all the while clutching that sad looking little dog, its back paws dangling as she gripped it by its stomach in the crook of her arm.
Finally, my cynical husband echoed my own thoughts as he remarked, “Just watch. She’s going to claim that is a service dog so she can take it on the plane.”
Sure enough, as she boarded the plane, the woman flashed some sort of laminated card and, without further inquiry, she went to her seat. By then, the little Chihuahua was stuffed into the canvas bag. Cell Phone Lady was still on the cell phone.
Phony Service Dog IDs
Of course, I cannot say for certain that the woman I saw was not disabled. Many disabilities are not readily observable to strangers. And I can’t say for sure that the sad looking little Chihuahua hanging there like a rag doll was not a service dog, trained to help the woman with whatever disability she suffered from.
But, given the look of the entire scenario, it did raise my suspicions, particularly as the dog had more of an appearance of an unwilling and not very well-cared-for accessory than an animal trained to assist someone with a disability.
And there have been a number of disturbing stories in the news recently about nondisabled dog owners trying to pass off their pets as service animals in order to gain access with their dogs to restaurants, stores, restricted housing, public transportation, and other areas where dogs would not otherwise be permitted.
Fake Service Dog IDs are Easy to Obtain
Fake service dog vests, ID cards, certificates, and other indicia of legitimacy are readily available for sale on the internet for anyone who wants to spend a little money. The problem is, these fake service dogs and their owners are doing a disservice to people with real disabilities who use trained animals for legitimate assistance.
On top of just plain fraudulent behavior, these phony service dog handlers:
- Often fail to properly clean up after their animals;
- Frequently bring animals that are poorly trained or badly behaved into establishments; and
- As a result, give legitimate service dog handlers a bad name.
Florida’s Definition of a Service Animal
Under Florida Statute § 413.08, a “service animal” is defined as “an animal that is trained to perform tasks for an individual with a disability.” This broad definition includes animals (not necessarily just dogs) that are trained to perform such tasks as:
- Guiding a visually impaired or blind person
- Alerting someone who is deaf or hard of hearing
- Assisting someone in a wheelchair
- Assisting with mobility or balance
- Alerting and protecting someone with seizures
- Retrieving objects
- Performing other tasks as needed
Florida law specifically provides that a service animal “is not a pet.”
Florida Law: Penalties for False Service Dog Credentials?
True Service Dogs are Trained to Help Their Disabled Owners
Florida law provides that a person accompanied by a service dog does not have to provide documentation that the dog is trained as a service dog. An establishment may, however, ask if the animal is a service animal, and may ask what tasks the animal has been trained to perform in order to determine whether the animal is really a service animal or just a pet.
And the establishment may exclude or remove an animal from the premises, even if it really is a service animal, “if the animal’s behavior poses a direct threat to the health and safety of others.”
Although there are criminal penalties for people and companies who deny or interfere with the accommodation of a disabled person accompanied by a service animal, Florida law does not appear to provide any penalty for persons who fraudulently seek accommodation through the use of an animal falsely identified as a service animal.
How to Spot a Phony Service Dog
Wayne K. Roustan in the Sun Sentinel reports that the best way to determine whether a dog is a legitimate service dog is to observe its behavior. Real service dogs:
- Do not appear restless
- Do not jump or bark
- Will obey the disabled owner’s commands
- Will perform tasks
- Will lie down passively when instructed
It is a disgrace that any nondisabled dog owner would try to gain an undeserved accommodation for their pet by passing it off as a service animal. Real service animals perform valuable tasks for their disabled owners, and several years of often very expensive training can go into making a dog a true service dog.
Nevertheless, as long as sellers are willing to sell, and owners are willing to buy, phony “credentials” for pets, all with apparent impunity, the practice of unscrupulous pet owners passing their pets off as service animals will continue.
Actually, the dog was probably an Emotional Service Animal, which is allowed on an airline flight as long as the owner can provide medical documentation that the ESA is required. She would have had to get that from her doctor.
You should see what I had to go through to take my service dog (who is also a Chihuahua) to Hawaii with me last month. It’s not an easy thing to do, but I cannot be without her, as she alerts me to a medical condition.
Service dogs come in all sizes, and aren’t just large breed dogs. It’s sad that people frequently assume that a small breed dog can’t be a service animal. Also, nothing says that the animal cannot be carried. Personally, I like that my SD can be carried, as sometimes, it makes things much more convenient for me when I’m in a crowded place (like, say, shopping malls during the holiday season).
Just a heads up for you here.
Gilda – That is INCORRECT. An emotional support animal does NOT qualify under the ADA. “Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets”—United States Department of Justice, Civil Rights Division) http://www.lapublishing.com/blog/2009/tbi-canine-service-dog/
It sounded like the owner needed to be trained how to treat her little dog.
An emotional support animal is not a service dog. A service dog has to demonstrate some type of physical action that helps the owner.
Mindy- actually, psychiatric service dogs really are considered service dogs, provided that the service they give includes the interruption of impulsive or destructive behavior. A dog of any size can perform this task, although if the prevention of impulsive or destructive behavior includes physical restraint of the person with a disability by said dog, then the dog can be the size of what most consider a service dog to be. Here, check this out:
“Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.” *
Reference: 28 CFR 36.104; (CFR = Code of Federal Regulations);
Website: http://www.gpoaccess.gov/cfr/index.html
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Gilda- you are INCORRECT. An ESA is not a service dog but IS by the ADA allowed on a plane and in housing where dogs may not be allowed, such as various apartments. Please do your research. nsarco.com is a good place to start.
@Mindy
Celina, what part of 28 CFR 36.104 do you fail to understand?
Service animal means ANY DOG that is INDIVIDUALLY TRAINED to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, PSYCHIATRIC, intellectual, or other mental disability.
If the individual with an emotional disability, such as someone who experiences panic or anxiety attacks (like my significant other) has a dog that is trained to help relieve those anxiety/panic attacks, or recognize them when they are coming on and alert the disabled person or others, then this “emotional support” certainly qualifies under the ADA.
Moreover, due to medical privacy laws, a business owner may ask what service function the dog provides, but the owner may simply refuse to answer that question because doing so is an indirect invasion of the owners medical privacy, and the owner NEED NOT ANSWER such intrusive questions. All that is required is that the owner either affirm that the dog is a service animal or identify the dog as a service animal by, for example, having the dog wear a harness, vest or other indication that it’s a service animal.
The Justice Department says this in it’s commonly asked questions document:
“3. Q: How can I tell if an animal is really a service animal and not just a pet?
A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.”
The definitions and requirements for service animals have been left deliberately broad and open because it is neither possible nor just to strictly regulate this field. So long as a particular service animal is not disruptive or dangerous, there simply should be no questions raised to the owner about the necessity of that animal. It’s not up to you, or “Frankie” or anyone else to judge whether or not another person has a disability that requires or is helped by the presence of a service animal. Doing so is discriminatory on its face, and it’s precisely what the ADA intends to prevent.
What it boils down to is that this “problem” with “fake service dogs” is not actually a problem at all. If the dog misbehaves, it doesn’t matter if it’s a legitimate service dog or not, it can be removed. If the dog does not misbehave, it’s nobody’s business what service the dog performs. Nor does a “fake” service dog impugn the reputation of “real” service dogs, because a business owner CANNOT EXCLUDE any service animal unless that particular animal misbehaves or creates a danger to others. Therefore the argument that someone passing their dog off as a service animal threatens the “privileges” of real service animals is just a bogus argument based in what amounts to jealousy by “legitimate” disabled persons who think it’s an “undeserved accommodation.”
Who cares whether it’s deserved or undeserved? So long as the animal behaves, no harm is done and the law expressly forbids discrimination based on a business owner’s prior experience with other service animals:
“10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?
A: You may exclude any animal, including a service animal, from your facility when that animal’s behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.”