Patrick Hamlow goes everywhere with Umi, a medium-size labradoodle with a calm disposition.
When they’re out, whether shopping at Costco or going to a doctor’s appointment, Umi rides on Hamlow’s electric scooter, retrieves items that he drops, such as his keys, and pushes buttons to open doors. The 3-year-old service dog even hops on the Handi-Van, too.
Hamlow, 55, of Honolulu, is easy to identify as someone who needs a service dog. The state corrections officer lost both legs to a staph infection and needs the scooter to get around. And Umi, a poodle-Labrador mix trained by the nonprofit organization Hawaii Fi-Do Service Dogs, wears a red vest to let the public know he’s legit.
But not every dog owner is that honest. More people are passing their dogs off as service animals in settings where pets would normally be prohibited. The problem is said to be so widespread that Hawaii lawmakers were asked this year to make it a crime.
Among those who opposed the law, which stalled in committee, were groups that felt it was a breach of civil rights and would be difficult to enforce.
Jim Kennedy, executive director of Hawaii Fi-Do Service Dogs, supported the bill because of what he says is an alarming increase in the use of fake service dogs.
"I absolutely can say I’ve seen a blatant disregard," said Kennedy, whose wife, Vickie, is blind and has used a guide dog for 15 years. She does not, however, look blind to some individuals, and is sometimes challenged when seeking access to shops with her guide dog, Angela, a labrador retriever.
"I love pets," said Jim Kennedy. "As executive director of a legitimate service training dog organization and spouse of someone using a legitimately trained dog, it offends me that there are those out there violating the law by representing themselves as disabled when they’re not."
State Sen. Roz Baker (D, West Maui-South Maui) introduced a bill this year to make it a crime to fraudulently pose as an owner or trainer of a service dog. The bill was similar to a law already in place in California. The misdemeanor would be punishable by a fine of up to $1,000 and up to six months in jail. But the bill stalled in the Senate Ways and Means Committee and might come back next year.
Under the Americans With Disabilities Act, restaurants, hotels, retail stores and places that serve the public must allow people with disabilities to bring their service animals onto the premises, whether they have a dog or, in some cases, a miniature horse.
Service animals are not required to wear special collars or harnesses to identify them, and business owners who are curious about their status can legally ask only two questions: Is the dog a service animal required because of a disability, and what tasks has the dog been trained to perform? Questions about a person’s disability, medical documentation or training papers for the dog are not allowed.
Service dogs can be any breed or size. They can also be privately trained by an owner, as opposed to an organization such as Hawaii Fi-Do, which requires a minimum of two years of training and mastery of more than 80 commands.
Part of the problem is the ease with which someone can purchase a service dog certificate, vest or ID badge online, with little to no proof of authenticity. Online businesses offer to register dogs even though there is no official U.S. registry for service dogs.
The bill was opposed by several groups, including the Hawai’i Civil Rights Commission, which testified that it would encourage unlawful inquiries. The state Department of the Attorney General also opposed it, stating that because service dogs do not have to be licensed, certified or registered by or with any authority, it would be difficult to prove a dog is not a service dog.
The nonprofit Pacific Pets Alliance cited confusion due to differing definitions of service animals under existing federal laws. The Air Carrier Access Act, for instance, accepts ID cards or other documents as proof for a service animal, including emotional support dogs. The Fair Housing Act allows landlords to ask for a physician’s note to verify a disability from an individual if it is not obvious.
Hawaiian Airlines allows emotional support dogs but requires a medical doctor or licensed mental health professional to provide a letter of verification at least a year prior to the travel date.
Still, Kennedy says a bill creating some consequence for violations would be a good start.
"It creates a starting point for meaningful education and communication about the abuse that is taking place," he said.