Fake Service Dogs Are a Problem

What is a fake service dog? It’s a dog that isn’t a service dog, but someone is claiming it to be one. Some people claim that their pet is a service dog in order to experience the benefits that service animals have; such as access to public places that are otherwise off-limits to animals.

To understand more about why fake service animals can be a problem in our communities, let’s first understand the ADA Americans with Disabilities Act definition, for public access rights.

According to the ADA or Americans with Disabilities Act definition, a service animal is “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 an animal doesn’t meet this definition, then it’s not a service dog for public access rights.

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Misrepresentation of Service Animals

Fake service animals and fake service dogs have become a problem, and it’s mostly a problem for legitimate service dog teams as well as businesses and other members of the community. Legitimate service dog teams are people who are merely trying to go about their life just as other people do.

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What is a Fake Service Animal?

A fake service animal or fake service dog is exactly what it sounds like. It’s basically someone’s pet. A pet that is not trained to do work or tasks for the benefit of a person’s particular disability characteristics. Just a pet that someone is trying to pass off as a real service animal so that they can selfishly bring the pet somewhere in public where pets or animals aren’t allowed.

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Here are some characteristics common to pets, but not common to highly trained service animals

• Dogs that are reactive to other dogs, people, children, sounds, smells, etc.
• A dog who is not properly socialized
• Some dogs display symptoms of potential behavioral issues which could be dangerous or disruptive in public
• Dogs who are not focused
• Dogs who are not calm
• Some dogs are not driven or motivated enough to perform the tasks necessary
• Some dogs are easily frightened
• Some dogs are not consistent in their behavior
• Some dogs are too social (to the point where it would be difficult to train the focus necessary for work)

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How to Spot a Fake Service Dog

Here are some clues that may indicate a dog is not a legitimate service dog. Do be careful with judgment, though. Fake service dogs are definitely an issue. But accusing someone of having a fake service dog when they actually have a legitimate service dog wouldn’t be helpful, either.

It is not always going to be obvious. And many service dogs will be in training; those animals may not have perfect behavior just yet and may make mistakes, such as “going to the bathroom” inside a busy Walmart.

#1 – A dog being pushed or carried in a cart

• Service dogs are highly trained in many different kinds of jobs known as tasks or work, but no matter what their work or task specialty is, they always need to be alert and ready
• Some legitimate service dogs will be carried or maybe in a stroller of some kind
• If the dog is being carried around in a purse or getting a free ride in a shopping cart, it might be unable to perform its duty
• Sometimes a small service dog is being held close to a person’s chest. Some small dogs are legitimate service dogs, as they can be any size, shape, or breed, trained to monitor certain bodily functions and need to be kept close to their handler
• Check out our article: Can Service Dogs Be Carried? to learn more.

Typically, the service animal must stay on the floor.  There are some instances when the individual with a disability may carry the dog. An individual with diabetes may carry the service animal in a chest pack to allow the service animal to smell the individual’s breath to detect changes in glucose levels.

Americans with Disabilities Act National Network

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#2 – A dog that is not on a leash

• Most legitimate service dogs will be on a leash. However, it isn’t necessarily required by the Americans with Disabilities Act for all circumstances.
• Service dogs are, of course, more than capable of staying by their handler, but leashes are used to protect the service dog.
• Always using a leash is a basic part of being a responsible dog owner.

The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal’s work or the person’s disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal.

Americans with Disabilities Act – Frequently Asked Questions

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#3 – A dog that is pulling on the leash

• Because most service dogs are usually leashed while they’re working, service dogs tend to have impeccable leash manners
• They never pull and always stick close to their handler’s side
• Dogs used for mobility and support assistance may lean into their harnesses as part of their job, but they don’t randomly yank their human in different directions when they feel like it

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#3 – A dog who is barking or whining

• Some dogs are trained to bark or whine as an alert to warn their owner of an impending medical emergency, like a stroke or panic attack
• Some service dogs might be trained to jump on their human as an alert
• But besides these, a service dog would never bark at another dog or whine out of impatience; that’s basic training

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#5 – A dog that is sniffing everything

• All dogs rely on smell more than any other sense; taking your pet on a walk usually involves a whole lot of sniffing and this is normal
• When a dog has a job to do, those scents are a distraction, and service dogs are trained to not get distracted by many different smells and also sounds
• Service dogs are trained to stay focused, and they won’t be careening down aisles sniffing everything

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#6 – A dog that has an indoor “accident”

• A dog that isn’t fully house-trained should never be taken into an indoor public area
• For male dogs especially, indoor accidents are not always accidental, instead, it’s the dog’s way of marking new territory
• Whether they did it on purpose or not, urinating or defecating indoors is unacceptable behavior for service dogs. I mean, sometimes a real service dog will have an “accident” of course because they are still dogs and not machines, and can still have an “off-day,” but most are taught and trained to take bathroom breaks on command to avoid this potential issue

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#7 – A dog stealing food

• Stealing food—whether it’s off a table, out of someone’s hand, or something they found on the ground—is a hard habit for pets to break
• Resisting temptations like this is one of the first lessons a service dog learns

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#8 – Dogs that appear nervous

• Socialization is a major part of service dog training, and if the dog in question is the real deal, it’ll seem calm and confident no matter what’s going on around them
• They won’t be spooked by loud noises or big crowds, and they won’t cower or tuck their tails between their legs
• This includes being able to handle places like Disneyland and Walmart (sometimes known as “Hellmart” in the service dog community) that tend to be a challenge for service dog teams in terms of sounds, lights, smells, children, environment, and other people

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#9 – Dogs seeking attention

• Service dogs know they have a job to do, and they only have eyes for the person on the other end of their leash. They don’t put their noses into other people’s space seeking head pats or belly rubs.

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#10 – Dogs that are aggressive

• Sometimes, certain service dogs may also be trained in protection
• A dog that is growling*, lunging, or showing other signs of unprovoked aggression is not a real service dog

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The impact of fake service dogs

• Fake service dogs put unfair scrutiny on the people who actually need their animals for medical or emotional purposes
• They’re an insult to the dogs that go through months of intense training to be good at their jobs
• The service dog’s reputation is at stake, and it’s because some pet owners think “no pet” policies shouldn’t apply to them
• If you decide to approach someone about their dog, remember to do so politely and realize they have no legal obligation to answer a long list of questions
• Fake service dogs give real service dogs a bad name because they aren’t properly trained
• It could lead to dangerous situations with untrained dogs

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Fake Service Animal Laws By State

Not all states seem to have some kind of fake service dog laws, but several of them do, and more will likely follow in the future.

Some states have newly created laws in response to the growing – disturbing – trend of fake service dogs being a real problem in communities across the U.S. and beyond. Here’s what I could find.

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Alabama Fake Service Dog Laws

• Act 2018-235, § 5, HB198 became law on March 8th, 2018
• The misrepresentation of an animal as a service animal for the purposes of housing a crime will be subject to a civil penalty of $500 or treated as a Class C misdemeanor
• Subsequent offenses would be a Class B misdemeanor. – Alabama Code

“Under Act No. 2019-478, a person who knowingly and willingly misrepresents himself or herself as an owner or trainer of a service animal will be guilty of a Class C misdemeanor resulting in a $100 fine and 100 community service hours to be performed with an organization that serves individuals with a disability. The law removes the possibility of criminal charges being brought against businesses and their employees.” – Alabama Retail

“If it is not apparent what a service animal does, an establishment may ask only whether it is a service animal and what tasks it performs. In the event the service animal is still in training, the trainer can be asked for photo identification, what the animal is being trained to perform and for proof of experience if the trainer is not the individual with a disability.” – Alabama Retail

Arizona Fake Service Dog 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 – Arizona Laws

Arkansas Fake Service Dog 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. – Arkansas Laws

California Fake Service Dog 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. – California Laws

Colorado Fake Service Dog 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. – Colorado Laws

Florida Fake Service Dog 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. – Florida Laws

Hawaii Fake Service Dog 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. – Hawaii Laws

Idaho Fake Service Dog 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. – Idaho Laws

Indiana Fake Service Dog 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. – Indiana Laws

Iowa Fake Service Dog 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. – Iowa Laws

Kansas Fake Service Dog 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. – Kansas Laws

Maine Fake Service Dog 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. – Maine Laws

Michigan Fake Service Dog 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. – Michigan Laws

Minnesota Fake Service Dog 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. – Minnesota Laws

Montana Fake Service Dog 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
• 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
• The violator may have to perform community service for an organization that advocates on behalf of people with disabilities. – Montana Laws More Montana Laws

Nebraska Fake Service Dog Laws

• Nebraska Revised Statute § 28-1313 makes unlawful use of a white cane or guide dog a Class 3 misdemeanor. – Nebraska Laws

Nevada Fake Service Dog 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
• Punishable by a fine of not more than $500 – Nevada Laws

New Hampshire Fake Service Dog Laws

• New Hampshire Rev. Stat. § 167-D:8 went into effect on January 1, 2015
• This law makes it a misdemeanor to put a harness, leash, vest, or other identification on an animal that misrepresents them as a service animal or to impersonate a person with a disability to get a service dog. – New Hampshire Laws

New Jersey Fake Service Dog Laws

• NJ Rev Stat § 10:5-29.5 (2013) states that any person who misrepresents a dog as a guide dog or guide dog in training will be fined between $100 and $500. – New Jersey Laws

New Mexico Fake Service Dog Laws

• New Mexico Senate Bill 320 passed in 2013 makes it a misdemeanor to misrepresent an animal as a service animal. – New Mexico Laws

New York Fake Service Dog 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. – New York Laws

North Carolina Fake Service Dog Laws

• In North Carolina, § 168-4.5 penalizes the misrepresentation of a service dog, and a violation is considered a Class 3 misdemeanor. – North Carolina Laws

North Dakota Fake Service Dog 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. – North Dakota Laws

• 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. – North Dakota Laws

Oklahoma Fake Service Dog 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. – Oklahoma Laws

Rhode Island Fake Service Dog 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. – Rhode Island Laws

South Carolina Fake Service Dog 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. – South Carolina Laws

South Dakota Fake Service Dog 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. – South Dakota Laws

Texas Fake Service Dog 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. – Texas Laws

Utah Fake Service Dog 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. – Utah Laws

Virginia Fake Service Dog Laws

• In Virginia, § 51.5-44.1 states that fraudulent representation of a service dog to gain public access for that dog is a Class 4 misdemeanor. – Virginia Laws

Washington Fake Service Dog 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. – Washington Laws

West Virginia Fake Service Dog 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. – West Virginia Laws

Wyoming Fake Service Dog Laws

• Wyoming’s HB114(2017) makes it a misdemeanor to misrepresent an animal as a service animal, which carries a penalty of up to $750. – Wyoming Laws

Related Articles:

• Service Animal in Training Laws by State
• Summary of the ADA Service Dog Laws
• Service Animal Laws by State