Faking a Service Animal Status is Illegal

Many states have enacted penalties for service animal misrepresentation

By Benjy Schirm, J.D. | Reviewed by Canaan Suitt, J.D. | Last updated on February 13, 2024

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In recent years, many states have enacted laws cracking down on service animal misrepresentation. The rationale behind these state laws is to protect individuals who genuinely need service animals, as they should not be hassled or have to jump through hoops to do so. It’s also to prevent situations in which untrained animals are confined in pressurized cabins or lash out at unsuspecting passengers.

Service Animal Protections in State and Federal Law

Under the federal Americans with Disabilities Act (ADA), a service animal is defined as a dog (and, in some circumstances, a miniature horse) that is individually trained to do work or perform tasks for the benefit of an individual with physical, sensory, psychiatric, intellectual, or other mental health disabilities.

States also have laws protecting people who use legitimate service dogs. Under the Minnesota Human Rights Act, for example, it is an unfair discriminatory practice for a business owner, operator, or manager of any place of public accommodation—including a hotel, restaurant, or public conveyance—to prohibit a person with physical or sensory disabilities from taking a service or assistance animal into the public place, so long as the service animal is properly harnessed or leashed. The person cannot be charged an extra fee or charge due to the presence of their service animal.

New Penalties for Service Animal Misrepresentation

It used to be surprisingly easy to acquire a vest and even documentation that would prove you own a trained service animal without ever having to train your animal.

State legislatures caught up to these fraudulent actions with new laws criminalizing the misrepresentation of an emotional support animal as a trained service dog. In Texas, for example, this crime is a misdemeanor with penalties that include fines up to $1,000 and 30 hours of community service. In Florida, it’s a second-degree misdemeanor punishable by up to $500, 60 days in jail, and community service.

If you have been masquerading with a fake service animal or fake service dog, be warned. If you encounter criminal charges, contact a reputable and experienced attorney. To ensure proper certification and avoid legal troubles upfront, speak with an attorney experienced in ADA regulations.

For more information on this area of law, see our overviews of animal law and discrimination law.

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