New law to curb fake service dogs has fines but ‘not a lot of teeth’
People sneaking dogs disguised as “service animals” into public places where pets would otherwise be prohibited might want to think twice in the new year before they face the bite of a fine.
A law set to take effect on Jan. 1 will create a petty offense for exploiting the system when someone claims an untrained dog is a service animal under the law.
By law, a service animal means a dog trained to do work or perform tasks for the benefit of a disabled person. Emotional support, well-being, comfort, or companionship does not qualify, though there are qualifying factors for psychiatric services, as those dogs are trained to do things like remind someone to take medication or sense a coming seizure.
Some people, however, have abused the system, taking advantage of the fact that there is no certification for service animals. It’s also illegal under the federal Americans with Disabilities Act to ask a person what their disability is.
Businesses are only allowed to ask if the animal is a service dog required because of a disability and what work the dog is trained to do.
The problem has been seen most on the housing level, where prospective tenants have claimed a service animal in order to avoid paying expensive deposits or pet restrictions. Because there is no certification or right to ask about a disability, landlords have felt pressure to comply without asking a lot of questions.
Problems have also arisen in public spaces, where untrained dogs disguised as service animals have caused a disruption, or attacked actual service dogs, according to the Colorado Cross-Disability Coalition. Owners have gone as far as to put a service animal vest on their dog, even though the dog has never been trained to perform critical services.
“When people think of a service dog, they don’t think of a well-behaved dog,” Julie Reiskin, executive director of the Colorado Cross-Disability Coalition, said of untrained dogs being represented as service animals. “They think of a regular dog that’s going to jump and bark and be really disruptive.”
Under the law that takes effect on Jan. 1, a person who misrepresents an ordinary dog as a service animal will face a $25 fine for a first offense; between $50 and $200 for a second offense; and between $100 and $500 for a third infraction.
There are likely to be problems, however, with enforcing the law. Since no certification is required, and because people aren’t forced to disclose their disability, there may be no way to successfully sniff out those that are abusing the system.
“The problem is there’s not a lot of teeth in it,” said Rep. Dianne Primavera, D-Broomfield, who sponsored the legislation last legislative session. “It’s a good first step in trying to make people aware that there are legitimate needs for these animals, but if there aren’t, they shouldn’t be misrepresenting them. At some point in time the legislation may need to be tweaked again.”