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Fake service dog laws

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Charlie- Chaplin

A day without- laughter is a- day wasted
 
 
Barked: Mon Jun 17, '13 2:12pm PST 
Ok, so wait, I'm a little confused. Let's say there's a fake service dog and the 'handler' does not have a disability what are the laws for reporting those people? I can't find anything in my google searches. What are the legal penalties for faking a disability/service dog?
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Member Since
10/03/2004
 
 
Barked: Mon Jun 17, '13 5:10pm PST 
"There are criminal penalties for falsely claiming a pet as a service animal. These penalties can range from a small fine, to one over $1,000 or a few days in jail up to a year in jail, depending on how the offense is committed and where. In some cases, the dog is confiscated and the owner may have a lengthy court battle to get the dog back."

I found that on Service Dog Centeral.
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Oberon

1294806
 
 
Barked: Tue Jun 18, '13 5:43am PST 
I would imagine that the laws would largely depend on your local state or county laws. That's where I would start. Could you call someone at a courthouse or the PD and ask if searching the law online doesn't help?

I would caution about "fakers"...I KNOW people fake. It's horrible for them to take advantage of something meant to give someone else equal footing and use it to bring around their pet-only dog. But instead I might report them for ill or rowdy behavior instead. Invisible disability can really make the reporting fakers concept sticky; I would be horrified if I was reported as a "fake" and had to face court simply because my disability is not readily apparent. The court's job is to probe deep into your private affairs to find out if this private fact is really true. I'd much rather hold everyone to the strict behavior standard of a service dog team. If someone else wants to put in the sheer training involved for that great public access behavior without a disability...well, ok. In principle it's still lying, but if the dog is so good that I can't tell the difference, then it's none of my business.

What area/region do you live in? Maybe I can help find specific laws for reporting poorly behaved teams (Real or fake).
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Crazy Sadie- Lady

Im a SD and- proud of it so- there!!!!
 
 
Barked: Tue Jun 18, '13 6:59am PST 
I am not sure how to respond to this post I am just clear that most of the penelty of the laws were
fines and jail sentance. Depending on the deree of the law that was broke.
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Cooper

microscopic mutt
 
 
Barked: Tue Jun 18, '13 12:34pm PST 
Sixteen states have so-called "faker laws": they are California, Colorado, Idaho, Kansas, Maine, Michigan, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, Texas, Utah and Washington. These laws make it a misdemeanor or other minor crime to falsely represent that a dog is an SD; the details of what is considered faking, and penalties for it, vary widely.

Source: http://animallaw.info/articles/State%20Tables/tbusassistanceanimals. htm (close up spaces)

As far as reporting fake SDs goes... good luck. You could either call the police or contact your local district attorney's office, but you might have trouble getting either to take you seriously. frown I have to say I've been looking for several years now for any case in which someone was prosecuted under a faking law but have yet to hear of one. Maybe someone will prove me wrong here, though!
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Polly

Lolly girl
 
 
Barked: Wed Jun 19, '13 8:17am PST 
I believe that California is $1000 fine and or 6 months in jail, for myself I would only report the dog if was out of control, like barking at my SD or trying to attack. I have talked to restaurant and store managers, and employees and told them what they can do with this issue. I have experienced these fake SD's I have had them removed from the store. If I see a dog that is under control and quiet, but I think it is a fake..I don't say anything for two reasons one I am not the SD police and two some people don't look disable..I don't I have RSD in my upper body.

But the for the two teenagers that try to bring in two out of control pit bulls, the lady that brings in her mommy dog with her pups, the lady that bring two dogs into the restaurant and they snap and growl at people..I will assist the employees with info and call the police if they don't leave.

I will also inform people that ask my where they can get a vest or tell me "oh I always bring in my dog and just say he's a SD, but he's not" that they are commenting fraud and they will be fined 1000 and spend 6 months in jail for that and how it causes problems for real SD handlers.

I hate it when they say "oh you're so lucky you get to bring your dog with you" I always tell them "oh really, If I had my choice I would not be disabled due to a car accident, and I would have a pet dog that I don't HAVE to take with me everywhere. I would like my old life back!" That really shocks them laugh out loud some people just don't have a clue! shrug
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Crazy Sadie- Lady

Im a SD and- proud of it so- there!!!!
 
 
Barked: Wed Jun 19, '13 11:05am PST 
I think if the faker is someone someone knows personally or something really bad happen and someone caught it on that level of fake ID deal. the ADA law is very vage or laxed at some level.
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Nova

1184372
 
 
Barked: Wed Jun 19, '13 5:31pm PST 
Gosh, I have a horrible time with this where I live. I live in a big city, and literally every other day I run into somebody with a dog with a SD vest on and the dog is behaving totally inappropriately.

I am hesitant to report these people because a) nobody cares! the police here have much bigger things to worry about and b) I get the sense that these people either actually have invisible disabilities are *think* they have invisible disabilities. They honestly think they are working a SD appropriately and within the law. Which is why I have been pretty vociferous on here about not simply encouraging SD use for anybody who comes on thinking a SD might help them for a disability that they are convinced they have although they are still looking for a doctor to confirm it because not one of the 16 doctors they have been to previously have signed off on it... It is THESE people who I think have the ill-behaved "SDs" that make people think they are faking.

So as the SD community, I think we can do more to PREVENT fakers than rooting them out and reporting them, which, like people have pointed out here, is mostly more trouble than it's worth.

For example, there are plenty of posts where people who obviously have no clue how to train dogs (and don't know what they don't know, which makes them doubly dangerous) who ask for nuanced tips. It's like asking for the very top stone of a pyramid not realizing they have no base. Instead of gently helping them understand that the MAJORITY of people are not qualified to train their own SD (although everybody thinks that *they* are the exception smile ) people here give them tips which only serve to advance their incompetence and have them end up like 90% of the SDs I see in my city.

Every time I have approached one of these people with an ill-behaved "SD," I get angry responses of "She's a service dog and I have the right to train her myself!!!" So how about as a community let's strive to be more supportive of each other, and understand that supportive doesn't mean endorsing every whim of every unknown person who posts on these boards. Supportive means helping each other adhere to the same set of high standards every SD team should adhere to.
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Oberon

1294806
 
 
Barked: Fri Jun 21, '13 8:55am PST 
Nova I just wanted to say I love the answer in your post!
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Polly

Lolly girl
 
 
Barked: Sat Jun 22, '13 3:34pm PST 
I think one day this country will make stricter laws for SD's more like Europe or Canada..due to all the fakers and the problems they cause for business and real SD handlers. People just get tired of it..I hear it all the time from employees.

And maybe it should be stricter.shrug As long as they don't CHARGE the disabled more money for testing/certification. It seems to me most programs end up costing 5000.00 to 25,000 once you pay for everything..not just the SD ie. hotel and food ect. two weeks of training, and if you end up getting your SD from another state.
To add another charge onto that..disabled people don't have that kind of money..I know we don't.

Not to many give FREE SD's..a lot of programs give free to returning Veterans, and I hear there is problems with that...Fakers, I wonder if others countries have this problem and how they deal with it thinking
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