The phenomenon of “fake service dogs” is on the rise and becoming an increasingly serious concern. Illegitimate service dogs impact businesses, legitimate service dog handlers, and the integrity of the Americans with Disabilities Act (ADA). At Justice Speaks, we believe in protecting the rights of individuals with disabilities and shutting down those who undermine those rights. We will explore how businesses can address this issue while complying with the law.
The Rights of Businesses: Questions That Can Legally Be Asked of Service Dog Handlers
Businesses are often unsure of how to navigate the presence of service animals and can understandably choose to refrain from intervening due to fear of breaking the law. The ADA allows businesses to ask two specific questions to determine whether a service dog is legitimate or not:
- “Is the dog a service animal required because of a disability?”
- “What work or task has the dog been trained to perform?”
To protect handlers’ rights, businesses are not allowed to ask about an individual’s disability, require medical documentation, demand a demonstration of the dog’s tasks, or ask for the dog’s identification papers. Asking other questions violates the ADA, so the guidelines must be understood to avoid discrimination.
The Impact of Fake Service Dogs in The Community
The presence of untrained and poorly behaved “service dogs” can have numerous negative consequences.
Compromised Public Safety
Untrained animals can undoubtedly pose a risk to public safety. Animals not trained to be in public could exhibit aggressive behavior, lack proper hygiene, or create disturbances that impede the public’s ability to enjoy communal spaces.
Erosion of Public Trust
When businesses and members of the public encounter fake service dogs and their handlers, they lose trust in anyone with a service animal—even the legitimate ones. This can lead to increased scrutiny and discrimination against those relying on their service dogs for daily life.
Hindrance to Legitimate Service Dog Handlers
Fake service dogs create a negative perception, making it more difficult for legitimate service dog handlers to access public spaces. Due to negative experiences, businesses can become more hesitant to accommodate service animals, even when needed.
Undermining the Americans with Disabilities Act
Fake service dogs weaken the integrity of the ADA, something designed to protect the rights of individuals with disabilities. Those who misrepresent their animals are abusing the system and putting the protections for real handlers at risk.
Increased Stress for Disabled Individuals
Legitimate service dog handlers may face confrontation and doubt due to the actions of those who have fake service dogs. This adds to the stress of daily life for individuals who are already having to manage disabilities.
Addressing Fake Service Dogs Responsibly
As mentioned above, businesses cannot demand proof of a dog’s training or status beyond our outlined questions, but they can take steps to address potential issues.
Observe the Dog’s Behavior
A properly trained service dog will typically be calm, quiet, and focused almost exclusively on its handler. If a dog is barking, lunging, or acting disruptive in any way, it may not be a legitimate service animal.
Educate Staff Members
Business owners must train their staff on the ADA’s guidelines regarding service animals, especially the acceptable questions and the importance of respecting the rights of people with disabilities.
Maintain a Clean and Safe Environment
Businesses have the right to maintain a safe and hygienic environment for their employees and patrons. If a service animal (real or fake) poses a direct threat to the safety or health of others, businesses can request that the animal be removed.
Advocate for Stronger Enforcement of Laws
Business owners can support efforts to strengthen ADA enforcement and address the issue of fraudulent service dogs.
At Justice Speaks, we are passionate about advocating for the rights of individuals with disabilities and encouraging a greater understanding of service animal laws. By educating individuals and businesses about service dog laws, we can help address the issue of fake service dogs and ensure those who truly need service animals can access the support and resources they need. Let’s work together to protect the rights and freedoms of service dog handlers.
