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Legislation aims to stop phony service dogs

Posted at 6:02 PM, Jan 09, 2017
and last updated 2017-01-09 18:21:16-05

INDIANAPOLIS -- New legislation aims to stop pet owners from posing their dogs as legitimate service animals, when in reality, they have not received any special training.

The internet makes it easy for pet owners to get a “service animal” vest and identification card.

Sen. Jean Leising (R-Oldenburg) filed Senate Bill 293 which would require documentation the service animal is in good physical health.

Leising said she filed the bill after receiving complaints from public places like churches and hospitals about unruly service animals.

She said the bill does not follow a dozen other states by making it illegal to claim an unqualified animal as a service animal.

“Let’s start out with a healthy animal,” said Leising.  “That is the beginning baby step, but potentially in the future there could be some training requirement.”

The bill has been assigned to the Committee on Agriculture, and will likely get a hearing, because Sen. Leising is the chair of that committee.

Sally Irvin, program director with the non-profit of the Indiana Canine Assistance Network, trains service animals and supports the legislation.

“It at least sends a message that this is something that is dangerous for the general public to have poorly behaved dogs out there, it’s dangerous to the person with the disability, and it’s wrong,” said Irvin.

Irvin explained that there’s no such thing as a registered or certified service dog.

“According to the Americans With Disabilities Act, that doesn’t exist,” said Irvin.  “There is no federal certification, licensure, vest wear, any special identification. No service dog has to have any of that.”

Many businesses, like restaurants and airlines, don’t ask questions about service animals out of fear of lawsuits.

Because of federal disability laws, people are limited to what they can ask service animal owners about their disability.  

Legally, you can only ask: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform.   As a result, many establishments like restaurants, stores and airlines don’t bother to ask questions out of fear of lawsuits.

In Florida, misrepresenting a service animal is considered a misdemeanor, punishable by a fine and community service.

Senator Leising said in Indiana, she may need to address the differences between service dogs and therapy animals, as well as emotional support dogs.

Signs of a phony service dog:

  • Dogs who bark constantly
  • Dogs that can't sit still or are easily distracted
  • Dogs that relieve themselves in inappropriate places like restaurants, stores or at the airport