The Fake Service Dog Crisis
(The information in this article is specifically regarding service dogs in the USA and uses the ADA as a source for all information.)
Why does the fake service dog crisis matter?
First and foremost, faking a service dog is illegal and punishable by fine. It truly makes the lives of disabled service dog handlers more difficult. Many service dogs have been attacked by fakes and have been seriously injured or forced to retire early. If fake service dogs are unruly in establishments, store owners may try to prevent real service dog handlers from entering for fear of the same behavior. This is illegal. Service dogs are an essential part of their handler’s lives. They are life saving companions.
Emotional support dog, therapy dog, service dog? What’s the difference?
It’s all too common to be walking through a non pet friendly place and see a dog with a vest on with some patches that might say “emotional support” or “service dog”. But what does that really mean? Are they the same thing? And are they really allowed in this store?
Service dogs- These are dogs trained to mitigate an individual’s disability. This means that they have been trained to perform specific tasks that help a disabled individual. (For example, a dog trained to alert to a heart rate spike to help an individual avoid passing out, or a dog may perform checks to see whether a hallucination is real or not for someone with schizophrenia.) These dogs are highly trained to be non intrusive to the public. They are allowed to go anywhere the general public is allowed.
Emotional support dogs- These are dogs whose main purpose is to provide comfort to an individual. These dogs have no specialized training. They are not allowed in public non pet friendly environments. The only current protections for emotional support dogs is that landlords must allow these dogs regardless of pet policy. Emotional support dogs are not service dogs.
Therapy dogs - These are dogs that are trained to help bring comfort to a group of people. These dogs do not have the same access rights as service dogs and are only allowed in places where they have been invited through organizations. Some places you might see therapy dogs include: Hospitals, therapy offices, schools, court rooms, etc.
So what’s the deal with people buying service dog certifications online?
Unfortunately, websites claiming to certify service dogs are largely scams. The law states that there is no official registry or certification for service dogs, and that any website claiming to be one is not affiliated with the ADA and will not hold up in court. A service dog’s legitimacy comes down to their handler’s disability and their training. The bottom line is that you cannot buy a vest or “certification” for your dog online and make it a service dog.
How do we know if a service dog is fake?
Generally, you can tell by their behavior. There are always exceptions to the rules, and real service dogs may have bad days where they aren’t perfectly behaved. However, if a dog is barking repeatedly, having accidents inside establishments, or otherwise being disruptive, they are likely fake and you are legally allowed to remove the dog from the establishment. Legally, service dogs are not allowed in shopping carts, or on restaurant tables/ seating. Other behaviors to look out for may be: pulling everywhere on leash, sniffing everything, not paying attention to the handler, damaging merchandise, the inability to ignore other real service dogs, etc.
What can stores do to keep fakes out?
The law allows establishments to ask handlers two specific questions. Every establishment should be asking these questions every time. 1.) Is this a service dog trained to mitigate a disability? 2.) What tasks has the dog been trained to perform?
If they answer that the dog is an emotional support dog, or if they say the dog helps comfort them or keep them calm but there are not specific tasks trained you may deny access to the dog. Past that, keep an eye out for those problem behaviors that warrant being removed. Especially if another service dog handler mentions they have experienced unsafe interactions with the dog.
Can the public do anything to help the fake service dog crisis?
Know the laws, and educate other people as much as possible! This crisis thrives on misinformation. When people talk about their “service dog’s certificate” kindly explain that it does not qualify their dog. If you see an unruly dog in public, call them out! Be kind, let them know real service dogs do not act that way and if they are being a real nuisance, let a store employee know.