Service dogs provide life-changing assistance to those with debilitating disabilities. They can help greatly improve disabled people’s independence, boost their confidence, and mitigate symptoms that would otherwise prevent them from living the life they want to lead.
A service dog is protected under several federal and state laws to ensure they can carry out their role. Unfortunately, as awareness of these life-saving companions grows, it also brings with it another problem: fake service dogs.
Fake service dogs are incredibly harmful to legitimate service dogs and those who rely on them, making it crucial to be vigilant and to report fake service dogs you encounter.
However, how exactly do you report a fake service dog, and most importantly, how do you differentiate between a real service dog and a fake one? We’ll discuss this and everything else you need to know about service dogs below.
What Is a Service Dog: Understanding Their Legal Status and Rights
A service dog is a working animal that has been individually trained to perform tasks that ease disability-specific symptoms. The exact nature of their trained tasks depends on their handler’s needs. For instance, a service dog may assist an individual with an anxiety disorder by performing grounding tasks like deep pressure therapy (DPT).
Service animals aren’t pets; they are life-saving medical assistance aids. Their federal legal protections reflect this:
- Americans with Disabilities Act (ADA): The right to accompany their handler in public spaces, including places that typically do not allow pets
- Fair Housing Act (FHA): The right to live with their handler without being subject to pet-related policies, fees, or restrictions, including exemption from a landlord’s no-pet rules
- Air Carrier Access Act (ACAA): The right to fly in the plane cabin with their handler at no additional cost, regardless of the airline’s stance on pets
Under the ADA, a service animal must be specifically trained to perform at least one disability-related task to gain legal recognition and benefit from the rights above.
Can Any Animal or Dog Be a Service Animal?
Per the ADA, only dogs — or in some rare circumstances, miniature horses — can become legally recognized as service animals. This includes dogs of any size and breed, including breeds often subject to breed-specific legislation (BSL).
If you encounter an individual who claims they have a different service animal species, this is a telltale sign that the service animal is fake (or is an emotional support animal instead). This leads us nicely to our next section.
How Can I Tell if a Service Dog Is Fake?
It can be tricky to tell if a service dog is fake. There isn’t an official registration or certification process, and they also aren’t required to wear forms of identification like service vests.
Under the ADA, it is also against the law to interrogate an individual about the nature of their disability and service dog. Legally, you can only ask the individual two very specific questions:
- “Is the dog a service animal required because of a disability?”
- “What work or task has the dog been trained to perform?”
You can’t demand to see proof, such as a medical note or documentation of the dog’s service training. You also cannot ask the handler to get their dog to demonstrate their trained tasks.
However, since service dogs can be denied their rights if they behave in an unruly or dangerous way, they are virtually always trained to have public access skills and flawless basic obedience. They must also be kept under their handler’s control at all times.
Considering this, some potential telltale signs of a fake service dog include:
- Disruptive behavior, such as excessive barking, chewing on furniture, and scratching at floorboards
- Reactive; clearly distracted by their environment or showing nervousness in unfamiliar settings
- Aggressive behavior toward other people or animals
- Chewing on their leash or exhibiting pulling/yanking behaviors that do not appear to reflect a trained task
- They aren’t properly housebroken (e.g., soiling of the premises)
- Not responding to verbal commands reliably or consistently (e.g., ignoring a “sit” command repeatedly)
- Wandering away from their handler’s side and not responding to a recall attempt
- Soliciting food or pets from strangers at the premises
- The handler is carrying them; most service dog tasks require the dog to keep four paws on the floor
- Overly excited or not walking calmly
- The dog is sniffing merchandise in a shop
Taking Action: How to Report a Fake Service Dog
If you suspect an individual is misrepresenting their pet as a service dog, it’s important not to confront them directly. This will only serve to aggravate the individual and put your safety at risk. Not only that, but unless you have definite proof, there is still a possibility that the service dog is legitimate.
If you are in a public space, such as a restaurant, cafe, or library, you should inform the staff and express your concerns. Make sure to also explain the reason why you believe the service dog is fake, such as soiling of the premises or excessive barking. The staff can investigate accordingly.
If the dog is causing a disruption and/or endangering others, the staff can ask the individual to leave the premises. Even legitimate service dogs can be denied their rights if they cause a disruption or cannot be controlled by their handler.
If you have information about the individual, such as their name or contact details, consider filing an official report with your local police. Many states and local jurisdictions have introduced legislation in an effort to crack down on fake service dogs.
You can usually find your local police force’s non-emergency line on their website. However, you may need to visit the force in person if this information isn’t readily available online.
How Do I Report a Fake Service Dog to the ADA?
The ADA typically reviews and addresses complaints relating to discriminatory practices (e.g., a genuine service dog being denied their housing rights). Considering this, your best course of action is to typically contact your local police authority rather than the ADA directly.
However, you can still file a complaint with the ADA by completing a report on the Department of Justice’s (DOJ) Civil Rights Division website.
The ADA also accepts complaints through the mail. Fill out the ADA complaint form, or a letter containing the relevant information, and send this to the DOJ’s official address:
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, DC 20530
After reviewing your complaint, the ADA may either refer you to a relevant federal agency, request more information, or open up an investigation. They will also inform you if they are unable to assist with your complaint.
Your complaint will typically be reviewed within three months, but if you do not hear back, you can contact the ADA Information Line for an update.
What Are the Legal Recurpurssions for Fake Service Dogs?
The exact legal repercussions for fake service dogs depend on where you reside. Some states have passed stricter legislation than others. To give you more insight, we’ll break down the punishments enforced in various states below:
- California: Misrepresentation of a service dog is treated as a misdemeanor offense per Penal Code 365.7. Individuals can be subject to a fine of up to $1,000 and potentially even six months’ imprisonment in the county jail.
- Texas: Claiming an untrained pet is a service animal can result in a fine of up to $1,000. The offender may also be obligated to perform at least 30 hours of community service for organizations assisting people with disabilities.
- West Virginia: Per 5-15-9, service animal misrepresentation penalties include a $200 fine for the first offense and/or up to 10 days imprisonment, with the second offense up to a $1,000 fine and/or up to 30 days imprisonment.
- Colorado: Service dog misrepresentation can incur escalating penalties; a first offense is a fine of $25 and a second offense is a fine of $50 to $200. A third or subsequent offense incurs a fine of $100 to $500.
Make sure to familiarize yourself with your area’s local laws when reporting a fake service dog to the police.
How to Report a Fake Service Dog: How You Can Help
Fake service dogs aren’t just harmful to the reputation of genuine service dogs; they can even put the lives of those who rely on them in jeopardy. This is especially the case if they distract a genuine service dog from their trained tasks.
Reporting a fake service dog to the relevant authority is just one way you can help support those with genuine service dogs. Educate yourself on local service dog laws, spread awareness, and donate to dedicated service dog organizations. You should also make sure to give any genuine service dogs you encounter respect and space.
If you have any other questions about service animals, whether about how to report a fake service animal or about the training process, don’t hesitate to contact our team of experts at US Service Animals.