There is a growing concern about the use of misrepresented service dogs. These are regular pets, emotional support animals (ESAs), or therapy animals that are passed off as trained service dogs. This trend directly violates the Americans with Disabilities Act (ADA), and people who knowingly or unknowingly pass their pets as bonafide service dogs are misusing ADA law. So, how can someone tell the difference?
In this post, we’ll explore how pets posing as service animals go undetected and the signs of a misrepresented service dog.
Different Types of Service Dogs
It’s important to note that there are various types of service dogs trained to assist with specific disabilities, such as guide dogs, medical alert dogs, and mobility support dogs. At New Life K9s, we specifically train Assistance Dogs for veterans and first responders with PTSD. Each service dog undergoes rigorous training to perform tasks related to the handler’s disability, unlike misrepresented dogs, which may not have any specialized training.
HOW ARE MISREPRESENTED SERVICE DOGS GOING UNDETECTED?
According to the ADA, there are two questions someone may ask a person with a service dog:
Is the dog a service animal required because of a disability?
What work or task has the dog been trained to perform?
However, the ADA also lists questions that cannot be asked, such as:
The nature or extent of a person’s disability
Proof that the animal is trained, certified, or licensed as a service animal
Requiring the animal to wear identifying tags or vests
Asking for the dog to demonstrate its ability to perform tasks
While these laws protect people with disabilities and their rights, they make it difficult to distinguish a real service dog from a misrepresented one. This confusion leads to system abuse. For example, anyone can purchase official-looking “service dog” vests online and pass their pet as a service dog, adding to the confusion about service dog laws. Additionally, there is no national service dog registry, making it challenging to differentiate between a real and a misrepresented service dog.
HOW TO SPOT A MISREPRESENTED SERVICE DOG
A service dog vest may allow a misrepresented service dog into public places, but their untrained behavior often reveals the truth.
According to the ADA, “it is training that distinguishes a service animal from other animals…[and] the task that the service animal is trained to do must be directly related to the owner’s disability.”
The key difference between a misrepresented and legitimate service dog is extensive training. Service dogs undergo up to two years of training, including task work and rigorous socialization, to assist individuals with disabilities. They do not behave like regular pets while working.
Here are behaviors that may indicate a misrepresented service dog:
Being carried or wheeled around by an owner
Tugging or pulling excessively on a leash or not having a leash
Excessive barking, whining, or growling
Aggression toward people or other dogs
Biting or nipping at people or animals
Wandering or not staying by the handler's side
Begging for or stealing food
Not being house trained or marking territory
Sniffing people, animals, or objects inappropriately
Damaging property or displaying fearful behavior
Easily distracted or not focused
Of course, there are exceptions. A service dog may leave the handler’s side to get help or vocalize as part of their task training. And like humans, service dogs can have an “off day.” However, real service dogs are trained to stay focused and behave professionally while working.
WHAT TO DO IF YOU SUSPECT A MISREPRESENTED SERVICE DOG
The best way to address the misuse of service dog laws is through education. Raising awareness about the harm misrepresented service dogs cause to handlers and the community is vital. If you encounter a suspected case of service dog misrepresentation, you may choose to file a report. You can either call the local police’s non-emergency number or report directly to the ADA. More information can be found on the ADA website.
Misrepresenting a pet as a service dog is against the law in 31 states, including California. In California, Penal Code 565.7 classifies this as a misdemeanor, punishable by up to six months in jail and/or a $1,000 fine. This offense is often compared to using a fake handicap placard for parking—ethically wrong and harmful. The goal is to educate the public while finding effective ways to enforce these laws, ensuring the rights of people with disabilities remain protected.
This resource is made available by New Life K9s. Please help us continue our mission by donating today!
New Life K9s places service dogs with veterans and first responders with PTSD at no cost to them.
Updated Blog 9/17/24
References:
References:
Kingon, Amber “10 Signs That A Service Dog is Actually A Fake” 14 August 2017. Animal Health Foundation https://www.animalhealthfoundation.org/blog/2017/08/10-signs-that-a-service-dog-is-actually-a-fake/
“How Can I Tell If an Animal Is Really a Service Animal and Not Just and Not Just a Pet.” ADA National Network, 11 May 2021 https://adata.org/faq/how-can-i-tell-if-animal-really-service-animal-and-not-just-pet
Aaron, Marc. “How Do You Report a Fake Service Dog? (Spot, Catch, Report).” DoggySaurus, 12 Jan. 2021. https://doggysaurus.com/how-report-fake-service-dog-spot-catch/
Lisa Guerin, J.D. “Penalties for Using a Service Dog or Emotional Support Animal Under False Pretenses.” Www.nolo.com, Nolo, 28 Dec. 2020, https://www.nolo.com/legal-encyclopedia/penalties-for-using-a-service-dog-or-emotional-support-animal-under-false-pretenses.html