A bill that would fine people who fraudulently represent their pets as service dogs may finally have some bite at the Hawaii Legislature.
Sen. Russell Ruderman (D-Puna) introduced Senate Bill 2461, which in its latest version poses fines of $100 to $500 for violations. The bill passed third reading and crossed over to the House on Tuesday despite concerns from state agencies.
Ruderman said he became aware of the problem as the owner of Island Naturals Market and Deli on the Big Island.
| CALL TO SERVICE
Americans with Disabilities Act Service Animal guidelines:
>> In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: Is the dog a service animal required because of a disability?
What work or task has the dog been trained to perform?
>> Staff are not allowed to request documentation for the dog, require that the dog demonstrate its task or inquire about the nature of the person’s disability.
>> Emotional support, therapy, comfort or companion animals are not considered service animals.
>> ADA does not require service animals to be professionally trained. People with disabilities have the right to train the dog themselves.
>> The ADA does not require service animals to wear a vest, ID tag or specific harness.
>> Beginning March 15, 2011, only dogs are recognized as service animals, with the exception of miniature horses trained to perform tasks for people with disabilties.
Source: U.S. Department of Justice Civil Rights Division
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“We have seen a great increase, in recent years, of people bringing animals into public places and claiming them to be service animals,” Ruderman told the Star-Advertiser. “This bill is intended to support legitimate service animals and their owners, because people who bring false service animals cause problems for legitimate ones.”
Typically, said Ruderman, pets and comfort animals are not as well trained and tend to cause problems in the store by nipping or snapping at other animals or people.
He recalls a recent incident in which an elderly woman came up to him at the store, terrified, because a Great Dane was walking around off leash.
“Some people aren’t comfortable around unleashed dogs and they have a right to feel that way,” he said.
Retailers are in an awkward position due to current Americans with Disabilities Act regulations, he said. Under ADA, businesses may only ask two questions: “Is the dog a service animal required because of a disability?” and “What work or task has the dog been trained to perform?”
Pretending to have a service dog is as simple as going online and ordering a service dog certificate, vest or ID badge, with little to no proof of authenticity. There is no official U.S. registry for service dogs, and service animals are not required by law to wear special vests, collars or harnesses.
Ruderman said typically, when questioned by a business, those with fake service dogs tend to get very defensive and threaten to file a complaint or call their lawyer.
“If you ask retail stores what they do, we don’t do anything unless there’s a complaint,” he said. “There’s too many times when they’ve been threatened with a civil rights action, and there’s no good recourse for them.”
Pros and cons
The Hawaii Civil Rights Commission testified in opposition of the bill because “it would have a chilling effect on the exercise of rights by persons with disabilities.” Francine Wai, executive director of the state Disability and Communication Access Board, said in testimony such a law might encourage the asking of inappropriate questions and that it was unclear where complaints would be filed.
Similarly, the Department of the Attorney General said it would be challenging to prove in court that an animal is not a service animal, given the limited questions one may ask, as well as the fact that service dogs do not have to be licensed, certified or registered with any authority.
Jim Kennedy, executive director of Hawaii Fi-Do Service Dogs, which has supported similar bills in the past, is hopeful this one will pass, especially because of the growing number of people passing their dogs off as fake service dogs.
“I think those in the Legislature realize that we can’t wait till the ADA law changes, and something finally really needs to be done,” he said. “And I think they also realize that by passing the law, more people will hopefully follow it because it’s a law, and that’s an important start.”
The bill also comes at a time of greater scrutiny.
In January, Delta Airlines announced it was tightening its rules about service animals during flights due to an increase in incidents, including urination, biting and an attack by a 70-pound dog.
Supporters of the bill include the American Kennel Club and the owner of Downtown Laundry Express in Hilo, who said people are bringing their pets as service dogs on a regular basis. Richard Emery of Associa, a property management company, testified that abuse is a widespread problem, and that he would like to see the bill expanded to include fair housing laws.
More than a dozen other states have laws punishing the fraudulent representation of a service animal, including Texas, where violators are punishable by a fine up to $300 or 30 hours of community service.
Bad rap
Owners of legitimate service dogs said they are experiencing more frequent run-ins with suspiciously fake service dogs at the airport, store and other public venues.
Patrick Hamlow, a state corrections officer who lost both legs to a staph infection, said he’s had what he suspects were fake service dogs attack his service dog, Umi, on several occasions.
Once, in the food section at Walmart, a dog that looked part-Rottweiler tried to attack Umi, a medium-size labradoodle trained by Hawaii Fi-Do. Fortunately, Umi sought protection on the other side of Hamlow’s scooter. The owner of the dog grabbed its leash, and took off without a word, said Hamlow.
“Service dogs are getting a bad rap from these fake service dogs,” said Hamlow, “and it’s making them question, ‘Is that really a service dog?’”
Umi wears a red vest issued by Hawaii Fi-Do, which requires two years minimum of training and mastery of more than 80 commands.
Kennedy’s wife, Vickie, had a run-in a few years ago with a German Shepherd that lunged after her seeing- eye Labrador retriever, Angela, on the jetway while boarding a flight from Los Angeles to Honolulu. The dog was wearing a vest that said “service dog,” but Vickie believes the telltale sign of a fake one are signs of aggression.
“Well-trained service dogs do not attack,” she said. “If they are aggressive, they cannot become service dogs.”
Vickie has been legally blind since 2000, and has had several guide dogs. She said she has been stopped at restaurants, and told she doesn’t look blind.
Who’s the imposter
The original version of SB2461 sought to make the fraudulent representation of a service dog a misdemeanor, punishable by up to six months in jail or a fine up to $1,000 for the first offense. The latest version reduces the punishment to a $100 to $250 fine for the first violation, and at least $500 for the second and subsequent violations.
The largest hurdle is how to enforce such a law when it is difficult to prove a service dog is fake.
Kennedy acknowledged this difficulty, pointing out that service dogs can be of all sizes and breeds, whether it be a small Shih Tzu or a Labrador retriever. Some people with diabetes, for example, may wear a small dog in a carrier close to their body because they pick up on scents alerting of changing glucose levels.
In addition, the ADA allows service animals to be trained by people with disabilities themselves rather than through a professional program. Still, he said, it’s time for some kind of law to be in place in the Aloha State.
“You create the law, put it on the books and ask people to respect it,” said Kennedy. “Then you can begin a solid education discussion.”
