How to Catch a Fake Service Dog: Tips and Legal Guidelines

Distinguishing real service dogs from misrepresented pets is crucial, especially in public settings. Fake service dogs can pose safety concerns for others. Misrepresentation of pets as service animals undermines the integrity of the service animal system.

Real service dogs play a critical role in supporting people with disabilities. These dogs are specially trained to perform tasks that support a person with a disability. The Americans with Disabilities Act (ADA) is the main law governing service animals.

It provides a specific definition of service animals and grants them public access rights. Under the law, these animals can go to almost all public places with their owners. The law restricts businesses from requiring any document as proof of service dog training.

This sometimes makes it difficult for them to spot a fake service dog. However, certain identification methods can help distinguish a fake service dog from the real one, such as a Service Dog Letter. This article will discuss the common signs of a fake service dog.

What Is a Service Dog According to the ADA?

According to the ADA, a service dog is any dog trained to perform tasks related to a person’s disability. This disability can be physical, sensory, developmental, or mental. The dog must be specially trained to support the person’s disability.

These can include guiding blind people, altering deaf people to sounds, and opening doors for people with mobility issues. The ADA recognizes only dogs as service animals. Miniature horses can also qualify as service animals under certain circumstances.

Any other species doesn’t qualify as service animals. The ADA also doesn’t recognize ESAs, therapy dogs, and companion animals as service animals. The ADA has no restrictions on which dog breed can be a service dog. Any dog that can be trained to be a service dog.

ADA Definition and Limitations

The ADA defines a service dog as any dog that is trained to work or perform tasks to assist a person with a disability. The tasks should be directly related to the individual’s disability. Here are the key requirements for service dogs as defined by the ADA:

• Species Restriction: The ADA recognizes only dogs as service animals. Miniature horses specially trained to perform a task to assist people with disabilities can also qualify.
• Allowed Dog Breeds: Any dog breed can be a service animal. It should be trained to perform a specific task related to a person’s disability.
• Task Performance: Service dogs must perform tasks directly related to their handler’s disability. For example, a service dog can assist a blind person in crossing streets safely or alert a deaf person to sounds.
• Behavior Standards: Service dogs must be well-behaved and under the control of their handlers. The ADA requires service animals to be harnessed, tethered, or leashed.

Recognizing Legitimate Service Dogs vs. Misrepresented Animals

Legitimate service dogs have specific traits, training, and behaviors. These help distinguish them from fake service dogs.

A study by John Sorenson and Atsuko Matsuoka in ‘Moral Panic over Fake Service Animals,’ published in 2022, states that a genuine service dog exhibits calm, focused, and nondisruptive behavior in public settings.

Well-trained service dogs know how to perform specific tasks for their handlers without excessive prompting. Conversely, misrepresented dogs often need more training and temperament for public access.

Expected Behaviors of Real Service Dogs

A properly trained service dog exhibits behaviors that reflect their training and suitability for public access. Here are key traits and behaviors expected from properly trained service dogs:

1. Calm and Focused Demeanor
   A genuine service dog remains calm and composed even in crowded, noisy, or high-stress environments.
2. Non-reactive to Other Animals and Distractions
   A real service dog doesn’t get distracted by other animals, food, and unfamiliar people. It is trained to focus on its handler and the tasks it needs to perform.
3. Performs Tasks Reliably Without Excessive Prompting
   Service dogs are trained to consistently perform specific tasks for their handlers. They can execute tasks under various conditions without compromising their handler’s safety and don’t require excessive prompting or correction.

Signs of a Misrepresented Service Dog

Some people might pass their pet or emotional support animal as a service dog in public settings. This is against the law and can have legal consequences, such as heavy fines. Here are behaviors commonly seen in misrepresented service dogs:

• Excessive and uncontrolled barking or whining in non-emergency situations without a clear reason. However, it’s crucial to know that barking isn’t always an indicator of misrepresentation.
• Barking in certain situations can be one of the tasks service dogs perform to help in the owner’s condition.
• Aggressive or excitable behavior, such as jumping on people or chasing other animals.
• Poor focus, leading to distractions and an inability to perform tasks consistently.

Legitimacy of Service Dog Certification and Registration

Some service dog owners might get a certificate or vest for their dogs. This helps them to avoid misunderstandings in public settings. However, the law does not need them to register their dogs or get a service dog certification.

Businesses cannot ask for proof to verify a service dog’s legitimacy. The law also does not require service dogs to wear vests or tags. The primary measure of a service dog’s legitimacy is its task performance. Real service dogs are trained to stay focused and perform tasks.

Common Service Dog Types and Their Tasks

Any dog breed can be a service dog, given that it is trained to perform tasks to assist its handler. However, various types of service dogs exist, depending on their training, roles, and specific tasks.

For example, a guide dog is trained to assist blind people, and a hearing dog is trained to help people with hearing loss.

Types of Service Dogs and Disabilities They Support

Guide Dogs: These dogs assist visually impaired individuals. They help their handlers navigate obstacles and cross streets/roads safely.

Hearing Dogs: These dogs help individuals with hearing loss issues. They alert their handlers to sounds, such as alarms and doorbells.

Medical Alert Dogs: These dogs detect medical episodes and alert their handlers or others. They can alert family members when a person is having or about to have a seizure. They can also sense blood sugar levels and alert their owners to drops or spikes in blood sugar.

Psychiatric Service Dogs (PSDs): People with mental health conditions like PTSD, depression, and anxiety can benefit from PSDs. These dogs can perform tasks like deep pressure therapy or panic attack intervention.

Mobility Assistance Dogs: These dogs perform tasks for people with physical disabilities. These include retrieving objects, opening and closing doors, turning lights on and off, etc.

Specialized Training for Service Dogs

Service dogs undergo specialized training. This training helps them learn to perform tasks to assist people with disabilities. Depending on the service dog’s training, they can perform a variety of tasks. Here are some of the most common tasks service dogs perform:

1. Retrieving objects and opening doors for handlers with mobility limitations
2. Fetch items or medicines for their handlers
3. Alerting others when a seizure occurs
4. Guiding handlers through obstacles
5. Alerting their handlers to sounds like doorbell and alarm
6. Alerting to medical changes such as blood sugar levels
7. Pulling a wheelchair
8. Interrupting anxiety attacks
9. Providing deep pressure therapy by lying on the handler’s lap
10. Preventing self-harming behaviors

Common Signs of Misrepresentation in Service Dogs

The ADA protects people with disabilities who use service dogs for assistance. Businesses or authorities cannot require any document to prove service dogs’ training. They can not ask detailed questions about the person’s disability and the dog’s training.

Certain red flags can help differentiate misrepresented service dogs from real ones. Spotting a fake service dog involves identifying behaviors or traits inconsistent with those found in real service animals.

Misrepresented service dogs usually lack focus. They are easily distracted by food and other dogs. They cannot perform specific tasks reliably and may wander away from their handler.

Fake service dogs may jump and lunge, indicating inadequate training. Aggression towards people or other animals also indicates a lack of training or a misrepresentation.

Excessive barking or whining in non-emergency situations is sometimes a sign of misrepresented service dogs. However, real service dogs may also bark in some situations to help the owner’s condition. They may bark to alert others that their handler is having a seizure.

ESA vs. Service Animal – Emotional Support Dog Posing as a Service Animal

An ESA is any animal that provides emotional support and comfort to its owner. These animals don’t necessarily have to be dogs. Any domesticated animal can be an ESA. Emotional support animals don’t undergo rigorous training to perform specific tasks related to a disability.

They provide comfort through their presence. The ADA doesn’t recognize them as service animals or grant them public access rights. However, some people may attempt to pass off their ESAs as service dogs to gain access to public spaces.

This is against the law, as ESAs are not protected under the ADA. They may not exhibit the calm and controlled behavior necessary for public access. ESAs also no longer have air travel rights under the ACAA.

Owners often have to pay an extra pet fee to travel with their ESA in the cabin. Some people may misrepresent their ESA as a service animal for a fee waiver.

Unacceptable Behaviors for Service Dogs in Public

The ADA requires service dogs to undergo specialized training to perform tasks related to a person’s disability. The ADA outlines that service dogs must be well-behaved in public. It also explicitly states that service dogs must be under the control of their handler at all times.

According to these ADA guidelines, service dogs are expected to exhibit certain behaviors in public. The following behaviors are typically unacceptable for a professionally trained service dog:

• Jumping or lunging at people or other animals.
• Constantly sniffing or being distracted by the environment.
• Displaying aggression or growling, barking, or snapping at others.
• Lack of control when on a leash or inability to follow basic commands.
• Toileting inappropriately in public spaces, which trained service dogs are conditioned to avoid.

False Certification or Incomplete Documentation

The ADA doesn’t require owners to get any certification to prove their service dog is genuine. This means businesses cannot request documents to grant access to public places. However, some owners might get certification or vests to avoid conflicts and misunderstandings.

Sometimes, fake service dog owners may present illegitimate certifications or incomplete documentation to gain access to public places. These include certificates or ID cards issued by unofficial or for-profit entities. They can also use documents containing vague or incomplete details about the handler’s disability or the dog’s training.

A Service Dog Letter issued by a Licensed Mental Health Professional is the only legitimate document you need to guarantee the service animal’s rights. Some companies and organizations may require additional forms as standard procedures to grant you service dog travel rights.

Get your Service Dog Letter Now<

Questions to Confirm Service Dog Legitimacy

The ADA allows business owners or staff to only ask for certain information to confirm whether a dog is a service dog. They can get this information through two questions. These involve inquiring about the need for a service dog and the task it can perform.

Business owners or staff cannot ask about the individual’s specific disability. They also cannot request any documentation for the service dog as proof.

Permissible Questions Under ADA Guidelines

Under the (ADA), businesses and other entities are limited in what they can ask handlers of service dogs. Only two questions are permitted to determine if a dog qualifies as a service animal:

1. Is the dog required because of a disability?
2. What task or work has the dog been trained to perform?

The first question confirms the dog’s presence is connected to a disability. The second question provides details regarding the task the dog can perform. This can help management detect unusual behavior if the dog is a fake service dog.

Prohibited Actions for Verifying Service Dog Status

The ADA protects people with disabilities who rely on service dogs for assistance. It prohibits certain actions to verify service dog status. These include:

• Requesting documentation or certifications to confirm service dog status or training
• Asking the dog to perform tasks as proof
• Requesting disclosure of the handler’s disability
• Requiring the dog to wear an identifying vest or tag

Consequences of Misrepresenting a Service Dog

Misrepresenting a service dog is both legally and ethically wrong. Taking an untrained, fake service dog to places where they are not allowed can pose a risk to the health and safety of others.

It undermines the rights of individuals who rely on service dogs for essential tasks. People who misrepresent a service dog can face legal consequences like fines.

Legal Penalties for Faking a Service Dog

Misrepresenting a pet as a service animal is deceptive and illegal in many states. List legal penalties and actions for misrepresentation of service animals include:

1. Fines
   Many states impose fines for falsely passing off a pet or ESA as a service dog. An article on NOLO by Lisa Guerin explains that fines for misrepresentation of service dogs in New Jersey range from $100 to $500. The fine in California is up to $1,000.
2. Jail Time
   Repeat offenders or cases involving severe misrepresentation may face possible jail time. In California, misrepresentation of service dogs is classified as a misdemeanor and can lead to six months in jail.
   In Michigan, misrepresenting a service dog can lead to a fine of up to $500, 90 days in jail, and/or 30 days of community service.
3. Exclusion from premises
   Individuals and their pets may be excluded from the premises where they made the fraudulent claim. Additionally, businesses may deny them future access, damaging reputations and relationships.

Ethical Implications and Impact on Legitimate Service Dog Owners

Falsely representing a pet as a service dog has serious ethical implications. It can make business owners and the public more suspicious of service dogs.

This makes it harder for legitimate service dog owners to gain access to places they have a right to enter. They may face additional scrutiny and extensive questioning because of others’ fraudulent behavior.

Steps to Take If You Suspect a Misrepresented Service Dog

If you suspect a service dog is fake, you can take several steps to address the issue. It’s important to handle the situation calmly and follow the proper procedures. You can file a complaint with local authorities or report to state agencies.

How to File a Complaint with Local Authorities

Filing a complaint with local authorities is a simple process. If you believe a service dog is not legitimate, you can follow these steps to report it:

1. You can call the local police on their non-emergency number. You can also report directly to the ADA by contacting the ADA enforcement office in your area.
2. Submit a report to local law enforcement if necessary
3. Inform the business owner or property manager where the misrepresentation occurred.

Reporting Misrepresented Service Dogs to State Agencies

Misrepresenting a service animal is against the law in many states. However, laws around service dog misrepresentation vary by state. Here are some agencies where you can file a report:

• Department of Justice ADA Information Line: The DOJ can assist in cases involving ADA-related service dog issues and violations.
• Local Health Department: Some local health departments may handle service dog-related complaints. This is especially applicable to cases involving public health or safety.
• Animal Control or Local Law Enforcement: Local animal control or law enforcement may be able to investigate and take action.

FAQs on Recognizing Fake Service Dogs and Real Service Dog Verification

1. How Do People Prove They Have a Service Dog?
   If a person with a disability has a service dog, they are not legally required to show any documents or certification to prove the dog’s status.
2. How Can You Tell if Someone Is Lying About Their Service Dog?
   Identifying a fake service dog involves detecting behaviors that are not typical of genuine service animals. Fake service dogs lack focus. They are easily distracted by other animals or food. They may exhibit aggressive behavior in public.
3. How Do Airlines Verify Service Dogs?
   Airlines can ask service dog owners to complete the DOT Service Animal Travel Form. The form requires the owner to attest that the dog is trained to perform specific tasks related to a disability and it will not behave disruptively during the flight.
4. What Are the Three Questions You Can Ask About a Service Dog?
   The ADA allows businesses or staff to ask only two questions about a service dog. These include if the dog is required because of a disability and what task or work the dog has been trained to perform.

Conclusion: Catching a Legitimate Service Animal

A legitimate service dog is protected under the ADA. The law grants them public access rights and prohibits businesses from requiring any proof. However, a properly trained service dog exhibits certain behaviors.

They are usually calm, focused, and nondisruptive in public settings. They can consistently perform specific tasks for their handler without excessive prompting.

Respecting legitimate service dog handlers and their public access rights is crucial. The ADA also requires authorities and businesses to be respectful of service dog owners. If you suspect a service dog is fake, handle the situation calmly and respectfully; and if you need help addressing misrepresentation or fake service animals documentation, contact us!