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Penalty for lying about service dog

20K views 208 replies 35 participants last post by  wyominggrandma 
#1 ·
Hello,

I have been doing some research on service dog laws (state and federal) and i have not been able to come across any sanctions for lying about having a service dog. With that being said, i can see no down side to telling people he is a service dog so i can bring him places with me as long as there is no penalty for me lying about it.

With that being said, are there any penalties (fines, jail, etc.) that can be imposed if you say your dog is a service dog but really is not?
 
#2 ·
I know someone that does it. She's able to bring her dog everywhere with a fake license. No one will call you out on it, people are too scared to question a legitimate disabled person and make him uncomfortable or be open to a law suit.

However, if everyone will start passing off their dogs as service dogs then soon there will be regulations and laws and it will make things harder for the people that really need it.
 
#3 ·
Another thing to consider. Service dogs are usually well trained. People with fake service dogs don't have well trained dogs (I know 2 people actually). After a while people get annoyed enough about dogs not behaving and will complain.

But even if your dog is impeccably trained, i still think it's a bad idea. I'm far from a law abiding citizen lol and this one just doesn't sit right with me
 
#4 ·
I am in Ont and i see some people have them with just a doctors note, and they have went ahead and ordered service dog harness's for them from sites and walllah service dog. The one i am thinking of is for a little boy with multiple mental issues, they have a docs note and that was all they needed- I do not think the dog has its CGC or if it matters
 
#5 · (Edited by Moderator)
I actually have a service dog, even thinking about doing this, makes you a terrible person. as for your friend, you seem to keep terrible company, and allowing it to happen makes you just as liable, service dogs are on par with wheelchairs, do you want to take a wheelchair everywhere too?

Sentence removed by Mod for containing pseudo swearing.


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#6 ·
I actually have a service dog, even thinking about doing this, makes you a terrible person. as for your friend, you seem to keep terrible company, and allowing it to happen makes you just as liable, service dogs are on par with wheelchairs, do you want to take a wheelchair everywhere too?

What the **** is wrong with you?


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You talking to me? About my friend?
 
#11 ·
Then I don't suggest referring to them as a friend, "a terrible person I know loved to break laws." May have been a better sentence. What you said could easily been misread as "I have a friend that does it and it's easy, go ahead and do it!"

People dumb enough to even think about doing this need to be scolded like a child so they know, in no way, is this a good thing.


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#12 ·
I said 'I know someone that does it'. And I can name many things worst than passing off a dog for a service dog. But as I said a few times already, I think it's a bad idea.

I did answer the op's question, as best as I can. People don't come here to be scolded.
Then I gave my opinion.
 
#13 ·
Hello,

With that being said, are there any penalties (fines, jail, etc.) that can be imposed if you say your dog is a service dog but really is not?
I would imagine that should your dog bite someone while you are representing him as a service dog - then the punishment for said bite would be greater as you knowingly and willfully broke the law by stating he was a service dog.
 
#14 · (Edited)
Wow.... looks like i poked the hornets nest on this one. Not trying to turn this into an ethical debate but i do want to clarify my position. First and foremost, i meant no offense/disrespect to anyone with a service animal. I have no intention of taking him in public unless he is trained well enough to act like a real service dog would in public situations, i would not want to give service dogs a bad name, or any service animal for that matter. My dog provides me a lot of comfort for personal reasons and while i could go to the doctor and do things the right way for my situation, i would be labeled by insurance companies for the rest of my life.

Saying that this will make it harder for people down the road is a bit misleading, you could easily compare this to the debate over gun registration laws. A law abiding citizen following the correct process will have no issue getting their service animal registered, you already followed the process today if you have a service animal and followed the rules. Also, everyone will always have their own opinion so for those who strongly disagree with me, lets agree to disagree, i respect your views.

Thanks to the person who posted that table with state laws, my state was on there and there is no law/penalty for misrepresentation. My state laws don't even require a service animal to be registered. Also, my state laws clearly state that even a puppy who is in training or will some day be a service dog (and their trainer/owner) are afforded the same rights the ADA provides disabled people. We are planning on bringing him to service dog training classes anyway, so technically i am following the law in my state. (for those who think i am breaking the law, even though there is no law i would be breaking in my state either way)
 
#16 ·
If I were in your shoes and planning to do what you suggest....please investigate the limits, exclusions and coverage your homeowner's policy provides for, with what you are planning. If you put your dog in a public place which normally has pet restrictions and any bad comes from it....make sure your insurance is adequate if you care. This day and age, if your soon to be service dog steps out of line in a pet restricted area.....it could get rather costly. I personally believe that a service dog attracts more attention at times in a location where dogs are not allowed...especially by children. All it would take is one snap, growl, nip etc to a young child in a store or wherever and the law suits will be flying.....

Continue to cover all the angles as you seem to be via your research and best of luck with the SD training.

SuperG
 
#25 · (Edited)
Well said E.Hatch.

Mods - feel free to close this thread if you want, guessing it will turn into a battleground, this is my last post on the issue.

Can't take the heat Odins Raven? If you were looking to cleanse your conscience then you came to the wrong place.



Murder, rape, child-molestation comes to mind.

But really, passing a dog off as a service dog so you can take it places is pretty up there are the low-life-piece-of-raw-sewage list.

Of course I would feel more comfortable if I had Babsy with me every day, wherever I go. She should be there when I get a filling. She should be there if I need to have stitches or a surgery. She should be there when I go to the bank or store and have to actually talk to people. She would make me feel a lot more comfortable. The question is, do I NEED her to be there, and the answer is no.

For the OP the answer is also no. I am sorry, but, you say that you aren't doing it at this point, therefore at this point it is not necessary. And in most cases Emotional Support Dogs do not get all the same privileges as Service Dogs.

The people that have serious afflictions to the point where they cannot function without the aid of a dog or another human doing, if possible, what the dog can do for them, those people need for access for their dogs. Everyone else needs to take their dogs to dog friendly places and leave their dogs at home if they are going where dogs are generally not permitted.

It is not just that if you do it, 17 other people are going to do it. And for each of them 17 more people are going to do it. And while your dog is perfectly trained and social, many of those other dogs won't be. What a disabled person does not need is to be sitting in a restaurant and having her dog attacked by some faker's dog.

But it isn't just that. It is the fact that people should not feel entitled to something that for others requires some type of diagnosis. We are an arrogant generation. We think that we hurt more than anyone else, we feel more than anyone else, we should be allowed more than anyone else. And our dog won't hurt anyone.

Well, it does. The more abuses of this, the more people question it, and the more trouble people with real needs will have with it. And if you aren't sitting in a wheel chair with the dog's vest clearly stating what it is, then people will start questioning people who have legitimate service dogs.

If you think that you qualify, go to a doctor and get disability labeled, and do it the right way. It will get your dog access to places that the rest of us can't take our dogs, but it won't stop you from being liable if your dog does something he shouldn't so you had better make sure your dog is bomb proof too.

I could pass off one of my dogs as a service dog, all of us here probably could. I don't, for the same reason I don't park in handicapped spots: I don't need it. And I feel grateful that I don't. Maybe someday I will. And then, maybe I will figure it out that it isn't such a great thing to be able to take my dog everywhere. I'd rather have the restrictions on where my dog can go, than to have to have my dog with me everywhere.

What is wrong with people? Really?

I could not agree more. Thanks for turning up the heat Selzer.
 
#18 ·
Nothing has been done yet, simply doing research at this point so i can make an informed decision about this type of behavior and the consequences that come with it. Thanks for everyone's feedback.

Mods - feel free to close this thread if you want, guessing it will turn into a battleground, this is my last post on the issue.
 
#19 ·
As I said, I can think of worse things than lying about a service dog. I wouldn't do it but it's not the worst crime out there.

But what I meant when I said it makes it harder for legitimate service dog owners is that they will have more hoops to jump through, will have more business owners willing to ask them to prove their dog is legitimate and so on. So while they still can get their service dogs their lives will be made more difficult and from what I know, they already don't have it that easy.
 
#22 ·
Murder, rape, child-molestation comes to mind.

But really, passing a dog off as a service dog so you can take it places is pretty up there are the low-life-piece-of-raw-sewage list.

Of course I would feel more comfortable if I had Babsy with me every day, wherever I go. She should be there when I get a filling. She should be there if I need to have stitches or a surgery. She should be there when I go to the bank or store and have to actually talk to people. She would make me feel a lot more comfortable. The question is, do I NEED her to be there, and the answer is no.

For the OP the answer is also no. I am sorry, but, you say that you aren't doing it at this point, therefore at this point it is not necessary. And in most cases Emotional Support Dogs do not get all the same privileges as Service Dogs.

The people that have serious afflictions to the point where they cannot function without the aid of a dog or another human doing, if possible, what the dog can do for them, those people need for access for their dogs. Everyone else needs to take their dogs to dog friendly places and leave their dogs at home if they are going where dogs are generally not permitted.

It is not just that if you do it, 17 other people are going to do it. And for each of them 17 more people are going to do it. And while your dog is perfectly trained and social, many of those other dogs won't be. What a disabled person does not need is to be sitting in a restaurant and having her dog attacked by some faker's dog.

But it isn't just that. It is the fact that people should not feel entitled to something that for others requires some type of diagnosis. We are an arrogant generation. We think that we hurt more than anyone else, we feel more than anyone else, we should be allowed more than anyone else. And our dog won't hurt anyone.

Well, it does. The more abuses of this, the more people question it, and the more trouble people with real needs will have with it. And if you aren't sitting in a wheel chair with the dog's vest clearly stating what it is, then people will start questioning people who have legitimate service dogs.

If you think that you qualify, go to a doctor and get disability labeled, and do it the right way. It will get your dog access to places that the rest of us can't take our dogs, but it won't stop you from being liable if your dog does something he shouldn't so you had better make sure your dog is bomb proof too.

I could pass off one of my dogs as a service dog, all of us here probably could. I don't, for the same reason I don't park in handicapped spots: I don't need it. And I feel grateful that I don't. Maybe someday I will. And then, maybe I will figure it out that it isn't such a great thing to be able to take my dog everywhere. I'd rather have the restrictions on where my dog can go, than to have to have my dog with me everywhere.

What is wrong with people? Really?
 
#20 · (Edited by Moderator)
As a disabled veteran with a service dog I'll say this. Sentence removed by Mod for containing pseudo swearing. Don't do it.

Furthermore, it is a federal crime to impersonate a service dog.

It's nearly impossible to enforce because per the ADA I am not required to tell anyone what my disability is and Sammy is not required to have paperwork (as it's a violation of my HIPPA information).

Also, do you really want the stigma of having a disability? Blind, deaf, seizure disorder, severe anxiety disorder, PTSD, severe diabetes, etc..? This is something you WANT? Sentence removed by Mod for containing pseudo swearing. ... (or just misinformed about how "awesome" it is to be labeled "disabled"). I assure you it's not all that much fun to be on the receiving end of condescending stares from civilians that see my disabled vet license plates and then see my dog and ask, "what's wrong with you?".
 
#21 ·
I’d kind of like to know what the reason is to have a dog with you 24/7. For me, most times its annoying to have to carry my dog’s leash with me if I have to pick something up, or move something. It’s annoying to have to watch for him (even when he’s heeling) and not accidentally stumble over him for some reason. As someone without a disability, my motion isn’t limited and I have full control of all my body parts, so it’s way easier for me to do something without my dog being there than when he’s with me.

I also hate the thought that a dog has to be with you all the time. People go to work, go to dinner, do things without their dogs all the time. It’s a dog, it’s not going to be mad at you for leaving it at home for an hour while you run to the grocery store. It’s not very difficult to plan out a trip (to stores) that doesn’t involve your dog being stuck in a hot car for a certain amount of time. I’ve noticed that going to a pet store (where the dog is allowed) is about three times faster without a dog than it is with one. Sure, I still usually take my dog, but if I'm out and about, and need to pick something up quick…I realize how much nicer it is not having my dogs with me.

BTW…it’s pretty easy to spot a “fake” SD. If you take one to a store, especially a pet store, a real SD would never stop working. No sniffing, no pulling, just following the owner and doing whatever the handler needs. I don’t believe any “pet with obedience” can pass for what I’ve seen out of real SDs. Even IPO dogs or more advanced dogs, wouldn’t heel the way an SD heels. The IPO style “attention heeling” although beautiful, would never pass for a service dog…
 
#23 ·
People train their own service dogs though, and they are not all strictly following the same protocol. A cardiac alert dog, or a siezure dog may not heel the same way a dog might whose function is to stablilize the owner or pick up stuff that they drop. Of course, I wouldn't know. I have seen some pretty badly behaved service dogs out there, but they could have been fakers.
 
#27 ·
Rocket - thank you for your service. You owe no one an explaination. As a country, we owe YOU the courtesy of not questioning your needs for a service animal. Sadly, due to the meatheads who don't feel they should have to comply with the law - you are forced to once again defend your rights to utilize a service animal. I apologize for them to you, as they never will.
 
#28 · (Edited by Moderator)
FWIW, I know a girl (not a friend, but a friend of a friend) who impersonates her dog as a service dog. Sentence removed by Mod for containing pseudo swearing. However, I do think there is a difference in someone's "criminal intent" to be a Word removed by Mod for containing pseudo swearing. and circumvent laws for their own benefit, vs. someone who's just ignorant and doesn't realize that what they're doing makes it harder on the people who actually need the service.
This girl is the latter, an ignorant person making Word removed by Mod for containing pseudo swearing. decisions because she's unaware of the impact it has on people.

I come off as the former because I don't want people to know that I struggle with a disability. I have DV tags on my truck, but most people only know of the physical injuries that I sustained. Not the Word removed by Mod for containing pseudo swearing. that is the darkness that fills my head.
As Word removed by Mod for containing pseudo swearing. as this is only 2 people (outside of counselors) know what I've been thru and how twisted my mind can get when it gets going, but outside of them I'd rather lie to people and tell them that Sammy is a imposter dog than let them know that I live in an inescapable prison trapped in my own skull. :(:eek:

On the other hand, I don't have problems every day. Sometimes I go long periods where I feel normal.. but then there are those days, those inescapable days and it is for those days that I take Sammy with me.
 
#29 · (Edited)
And I can name many things worst than passing off a dog for a service dog.
raping and murdering are the only things i can think of
do you even know how many people passing your dog off as an sd when it is not can hurt?
i am guessing you dont or you would not defend this behavior
saying other things are worse does not make it right :rolleyes:

two wrongs never make a right

ps i just read selzer reply and apparently we were thinking the same thing :D
 
#30 ·
And I can name many things worst than passing off a dog for a service dog.
raping and murdering are the only things i can think of
do you even know how many people passing your dog off as an sd when it is not can hurt?
i am guessing you dont or you would not defend this behavior
saying other things are worse does not make it right :rolleyes:

two wrongs never make a right
Was that my quote?

Anyway, where do I defend it? I'm stating a fact. It's not the worst crime out there. Child abuse, spousal abuse, selling crack to kids, stealing from old people. Should i go on?

And then I say that I wouldn't do it and explain why I think it's a bad idea.

You just look for things to call me out on, you miss half of what I say in the process.
 
#32 ·
No problem with the backlash! Simply trying to do some research and i am glad that i did based on the strong response from the community. Like i said before, everyone has different opinions and as we can all see, they strongly support those opinions. This is just one of those subjects where people get very emotional and fired up about their beliefs. At the end of the day, i have the freedom to take my own actions whether you agree with them or not. And for everyone getting hung up on people "breaking the law" please keep in mind that not everyone here lives in your area and your local laws may not apply where they live. I was hoping for this thread to be informational for others who had similar questions in the future but clearly that is not going to happen :)
 
#39 ·
Hey....I was helpful and informative....

I probably am a bit different than many of the others who have strong opinions regarding the idea of disguising a dog as an SD in order to take the dog places where they are not normally permitted. Of course, everyone is entitled to their opinions and I have many....but...people are going to do what they are going to do just as I assume you will. I have come to understand that other folk's opinions will most likely not change another person's behavior if they have their mind set on proceeding as advertised.

My goal with my latest greatest pooch is to be able to have her go anywhere and everywhere with me but still respecting the laws and enjoyment of others. So, even if my dog obtained behavior which would allow me to fake her as a SD...I wouldn't...it's just how I play the game...it is not contingent on what others do as I have to live with myself.

I do have to chuckle a bit as your original post was a powder keg and I believe you knew that going in...but that's fine..you obviously can handle the criticisms and slams many posters have thrown your way.

At the end of the day, my bottom line on this whole debate is similar to all so many frustrations many have regarding "regulated" conduct by the citizenry....and that is simply...If the rules are not enforced than get rid of the rules.

SuperG
 
#34 ·
Just want to add that heeling doesn't = service dog one of my husband's combat buddies has bad bad PTSD and one of his pup's tasks(trained by an organization not owner trained) is to lead the way pulling him out of anxious/stressful situations looks like the dog is out of control but the dog is actually performing a task.
 
#43 ·
I was not trying to get people fired up but had a feeling it was going to happen considering the topic. :(

Just an FYI to anyone else, it IS a Federal crime in the USA to fake your dog as an SD however, i have not been able to find any information on the actual penalty for doing so, and whether it is a civil or criminal infraction. From what i have read, it seems that the penalty aspect of breaking the law is farmed out to the states, of which only about 16 have laws/penalties for faking your dog as an SD. I can definitely appreciate where people are coming from regarding this topic from all the research i have been doing, so for anyone considering doing this please take into consideration the outcome of your actions and how they could affect others, even if indirectly.

Thanks to those of you who kept a cool head and stuck to the topic at hand, which was a factual discussion over the laws and penalties for faking your dog as an SD.
 
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