State Bill Proposes Heavy Fines for Fraudulent Service Animal Claims

A new bill under consideration in the state legislature aims to crack down on false service animal claims by imposing substantial penalties on individuals who misrepresent pets as service animals. The proposed legislation responds to growing concerns from disability advocates and business owners about the misuse of service animal designations.

Under the bill, individuals who falsely claim their pet is a service animal could face fines of up to $1,000 and be required to perform community service. Repeat offenders would see escalating penalties, with third violations potentially resulting in a misdemeanor charge.

Service animals, primarily dogs, undergo extensive training to assist people with disabilities, including guiding individuals with visual impairments, alerting those with hearing loss to important sounds, and providing support for people with mobility issues or psychiatric conditions like PTSD. Unlike emotional support animals, service animals are legally permitted in public spaces where pets are typically prohibited.

“The misrepresentation of pets as service animals creates real problems for people who legitimately depend on these animals,” said State Senator Maria Gonzalez, the bill’s primary sponsor. “When untrained animals cause disruptions in public spaces, it reflects poorly on actual service animals and can create access barriers for people with disabilities.”

The legislation comes amid a national trend of increasing service animal fraud. Business owners report growing numbers of customers bringing pets into establishments under the guise of service animals, creating challenges for enforcement due to current legal limitations on verification.

Mark Williams, owner of Williams Family Restaurant, expressed support for the proposed legislation. “We’ve seen a significant increase in customers bringing in animals that clearly aren’t trained service dogs. They bark, jump on other customers, and sometimes even relieve themselves on our floor. It creates health concerns and disrupts other patrons’ dining experience.”

The Americans with Disabilities Act (ADA) permits businesses to ask only two questions about service animals: whether the animal is required because of a disability and what tasks the animal is trained to perform. Businesses cannot request documentation or ask about the nature of a person’s disability.

This limited verification process has made it relatively easy for individuals to falsely claim pet dogs as service animals, particularly as vests, harnesses, and certificates can be purchased online without verification of training or necessity.

Disability rights organizations have largely backed the proposed legislation, viewing it as protection for the legitimacy of genuine service animals.

“True service animals provide essential support that enables independence for people with disabilities,” explained Dr. Alicia Thompson, director of the State Disability Rights Coalition. “When untrained pets misbehave in public while wearing service animal vests, it can create suspicion toward legitimate service animals and their handlers.”

However, some disability advocates express concern about potential unintended consequences. James Chen of the Accessibility Action Network worries the law could lead to excessive questioning of individuals with legitimate service animals.

“We need to ensure this doesn’t become a tool for harassment,” Chen said. “Many disabilities aren’t visible, and we don’t want people with real service animals to face unnecessary scrutiny or be required to ‘prove’ their disability.”

The bill includes provisions to address these concerns, specifically prohibiting businesses from demanding certification or documentation beyond the questions allowed under the ADA.

If passed, the state would join eighteen others that have enacted similar legislation criminalizing service animal misrepresentation. Most states with such laws classify violations as misdemeanors with fines ranging from $100 to $1,000.

Implementation challenges remain a concern. Law enforcement officials note that proving someone knowingly misrepresented an animal can be difficult without clear standards for what constitutes a legitimate service animal.

The bill has gained bipartisan support and passed its first committee hearing with a vote of 12-3. It now moves to the judiciary committee for further review before potentially advancing to the full legislative chamber for a vote.

Advocates hope the legislation, if enacted, will reduce service animal fraud while preserving access rights for individuals with disabilities who rely on these highly trained animals for assistance with daily activities and independence.