You can help prevent service dog fraud

Understanding the issue of service dog fraud is crucial to maintaining the authenticity and efficiency of service dog teams. False claims can potentially undermine the rights and privileges of genuine service dog users, leading to problems for both individuals with disabilities and the public. Being aware of service dog fraud is vital to preserve the integrity of the service dog community, ensuring that those who truly need the assistance of these animals can receive it without any prejudice or doubt. Creating awareness about service dog fraud can also foster ethical conduct, prevent the misuse of service dog-related laws, and contribute to a more inclusive and considerate society for people with disabilities. Familiarizing oneself with the prevailing Americans with Disabilities Act (ADA) regulations concerning service animals is vital. Here are two publications from the ADA on the matter:

ADA Requirements: Service Animals

Frequently Asked Questions about Service Animals and the ADA

Legitimate service dogs can come in any breed or size, and not all disabilities are visible. To protect people and their service dogs, here are some guidelines to follow. If someone asks how to bring a pet dog into a public setting, explain the harm this can cause to people with disabilities who rely on skilled assistance dogs, and clarify that it is against federal law to pose a pet as a service dog.

What can a place of business ask a person with a service dog under the Americans with Disabilities Act?

Per the ADA, staff may only ask two questions:

  1. Is the dog a service animal required because of a disability?

  2. What work or task has the dog been trained to perform?

Business owners and staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

A person with a disability cannot be asked to remove their service animal from the premises unless:

  1. The dog is out of control, and the handler does not take effective action to control it

  2. The dog is not housebroken

What are the negative consequences of a non-service animal wearing a service dog vest?

Businesses have denied service dog users access due to increased discrimination from business owners and patrons, who have had prior bad experiences with fraudulent service dogs. Assistance dogs are specially trained to perform tasks that directly mitigate a person’s disability and behave while in public. Pet dogs, on the other hand, may act unsuitably in a public setting, can be stressed by being in crowded places, and may not be good with other dogs. They can interfere with a working assistance dog by distracting or threatening it, or indirectly by behaving inappropriately, like having accidents, barking, eating food or disturbing other customers.

When a non-service animal wears a service dog vest, it can lead to several negative consequences:

  1. Undermining Legitimate Service Dogs: This act diminishes the credibility of legitimate service dogs and their owners. Misrepresentation can lead to doubt or skepticism from the public, businesses, and authorities when encountering actual service dogs, making it harder for those who truly need these animals to access public spaces.

  2. Legal and Ethical Implications: Misrepresenting a non-service animal as a service dog is not only unethical but can also be illegal in many jurisdictions. This behavior may be subject to fines or other penalties under laws that protect the rights of individuals with disabilities and their service animals. Impersonating someone with a disability to obtain benefits is a punishable crime in many states.

  3. Disruption of Public Spaces: Non-service animals may not have the training and behavior required for public settings. They might cause disturbances, be a nuisance to other patrons, or pose a danger to the public. This can lead to uncomfortable and even unsafe situations in public spaces.

  4. Impact on Businesses: Businesses are required to comply with laws regarding service dogs, but non-service animals can create confusion and challenges for businesses in ensuring a safe and comfortable environment for all patrons. Additionally, businesses may unknowingly violate laws by allowing non-service animals in restricted areas.

  5. Negative Image for Service Dogs: Misbehaving non-service animals wearing vests can create a negative image for service dogs as a whole. People may associate misbehavior with all service dogs, causing further misunderstanding and mistrust.

  6. Diminished Accessibility: Misrepresenting a non-service animal as a service dog can contribute to skepticism and resistance from the public, which can lead to limited access for legitimate service dog users.

It's important to respect the rights of individuals with disabilities who rely on service dogs and to understand that these animals undergo specialized training to ensure they are well-behaved, unobtrusive, and capable of assisting their handlers in various ways. Misrepresenting a pet as a service dog undermines these efforts and has broader consequences for society.

How can I stop service dog fraud?

Combating service dog fraud requires awareness, education, advocacy, and proper enforcement of laws. Steps to take include spreading awareness, supporting legitimate organizations, knowing the laws, and reporting fraud.

What should I do if I encounter a service dog that appears to be a pet dog inside a business establishment?
Instead of confronting the dog owner, politely ask to speak with the store manager. Explain their rights and how fraudulent service dogs affect the independence of people with disabilities who rely on trained assistance dogs.