Thing is, if you tried to "report it" or whatever, not much would happen. She is not obligated by any authority to report her medical history to police due to patient confidentiality, and therefore proving whether or not her service dog is legitimately serving is next to impossible. Especially if you're talking to a cop, who probably doesn't know much about service animal legal qualifications in the first place (and who probably doesn't care anyway).
There are plenty of service dog jobs that small dogs can do. It doesn't take a 60lb. dog to alert someone to an oncoming seizure, or to let a deaf person know a phone is ringing, or to provide emotional support to someone struggling with mental illness. It sucks that you know (or think?) this dog is totally NOT a trained service dog, but if the dog is well-behaved, what's the complaint? What's the recourse?
The dog would actually make a wonderful service animal, especially in an ambassador capacity. However, that is not what my mil is interested in, her interest lies in being able to take it anywhere and to keep people from touching it. There is not much I can do other than absolutely refuse to go anywhere a pet would not normally be allowed. They went home today, weeee!
I have to do some searching for the actual law, but this is basically what I remember reading: Some states have criminal penalties for impersonating a person with a disability and service dog...I've seen penalties up to $20,000 in fines and/or up to a year in jail...In certain specific instances of impersonation it is a federal felony. (Which in addition to fines and jail can also prevent them from getting future services like social security or food stamps.)
From the ADA website: Violators of the ADA can be required to pay money damages and penalties.
Not to mention the disservice she is doing to actual service dogs.
YOU CAN do something, and that's to 1) pass along this information to her, and if she still refuses or insists on taking this dog with her, 2) report her to local law enforcement. THIS IS NOT OKAY.
Awesome replies, I wish I had read down a little more before replying :)
Fact of the matter is there is plenty you can do and the police officers ARE allowed to ask what the dog is for and what your disability is, it's just the businesses that can't ask too many questions. If the police feel you are in violation they can. The business can take it to court and in court you would have to prove you are (a) Disabled, (b) The tasks the dog is specifically trained in, and (c) that it is well behaved in public. These things do at times go to court and you can get in a lot of trouble for lying.
I'd report it over and over until local businesses start to crack down on this person or until the cops get involved or they stop. People using "fake" service animals do the real ones a disservice and makes it harder for them to get access and exist.
Owners of an establishment can ask two questions: 1) Is your dog a service dog? 2) What service does your dog provide you?
Failure to answer these questions can result in the owner of the establishment to refuse access to your dog - they have that right. In return, the owner of the dog has the right to sue the owner of the establishment if they feel they were wrongly denied access.
But does the company want to risk it and turn away someone who may be telling the truth.
The law really needs to be cracked down on as far as service animals go. IMO, the person should have a doctor's excuse, and the animal should be examined and determined whether it is well enough behaved to act as a service animal and it should be required to have some kind of special tag that it can just show whoever is asking.
The Superior Court determined that the case presented only one central question: whether under the DEAL, the Dover Downs security personnel were entitled to ask Thompson what tasks his dog was trained to perform and, upon his refusal to answer, were entitled to deny Thompson access with his dog.
There are plenty of service dog jobs that small dogs can do. It doesn't take a 60lb. dog to alert someone to an oncoming seizure, or to let a deaf person know a phone is ringing, or to provide emotional support to someone struggling with mental illness. It sucks that you know (or think?) this dog is totally NOT a trained service dog, but if the dog is well-behaved, what's the complaint? What's the recourse?
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I have to do some searching for the actual law, but this is basically what I remember reading:
Some states have criminal penalties for impersonating a person with a disability and service dog...I've seen penalties up to $20,000 in fines and/or up to a year in jail...In certain specific instances of impersonation it is a federal felony. (Which in addition to fines and jail can also prevent them from getting future services like social security or food stamps.)
From the ADA website: Violators of the ADA can be required to pay money damages and penalties.
Not to mention the disservice she is doing to actual service dogs.
YOU CAN do something, and that's to 1) pass along this information to her, and if she still refuses or insists on taking this dog with her, 2) report her to local law enforcement. THIS IS NOT OKAY.
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Fact of the matter is there is plenty you can do and the police officers ARE allowed to ask what the dog is for and what your disability is, it's just the businesses that can't ask too many questions. If the police feel you are in violation they can. The business can take it to court and in court you would have to prove you are (a) Disabled, (b) The tasks the dog is specifically trained in, and (c) that it is well behaved in public. These things do at times go to court and you can get in a lot of trouble for lying.
I'd report it over and over until local businesses start to crack down on this person or until the cops get involved or they stop. People using "fake" service animals do the real ones a disservice and makes it harder for them to get access and exist.
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1) Is your dog a service dog?
2) What service does your dog provide you?
Failure to answer these questions can result in the owner of the establishment to refuse access to your dog - they have that right. In return, the owner of the dog has the right to sue the owner of the establishment if they feel they were wrongly denied access.
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1.) Yes.
2.) I have severe anxiety and only the dog can help.
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And I don't know one person who is faking it who would be sane enough to turn around and sue that owner.
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The law really needs to be cracked down on as far as service animals go. IMO, the person should have a doctor's excuse, and the animal should be examined and determined whether it is well enough behaved to act as a service animal and it should be required to have some kind of special tag that it can just show whoever is asking.
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The Superior Court determined that the case presented only one central question: whether under the DEAL, the Dover Downs security personnel were entitled to ask Thompson what tasks his dog was trained to perform and, upon his refusal to answer, were entitled to deny Thompson access with his dog.
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