Bill is passed to fine owners of fake service animals

The state Legislature on Tuesday unanimously approved a bill to fine people who fraudulently represent their pets as service animals. It now awaits the governor’s signature to become law.

Senate Bill 2461, introduced by state Sen. Russell Ruderman (D, Puna), would amend existing laws to impose a fine of $100 to $250 for the first violation and $500 or more for subsequent violations.

“It will be hard to enforce, and yes, we know that,” said Ruderman. “This is one of those bills, kind of like littering or jaywalking, it’s not going to be easy to enforce. But it’s going to change people’s behaviors because most people obey the law and don’t want to be shamed by their peers.”

Ruderman, who owns Island Naturals Market and Deli on Hawaii island, said he introduced the bill from the perspective of a retailer.

“I want to emphasize, this bill is in support of people with legitimate service dogs,” said Ruderman. “People who bring in untrained animals claiming they’re serv­ice dogs cause problems for people with legitimate service dogs.”

While there is no official U.S. registry for service dogs, the alleged perpetrators are going online and ordering fake service dog certificates, vests or ID badges to pass off their pets as service dogs.

The Hawaii Civil Rights Commission testified in opposition of the bill, along with the state Disability and Communication Access Board, which was concerned that such a law might encourage the asking of inappropriate questions. Similarly, the Department of the Attorney General said it would be challenging to prove beyond a reasonable doubt in court that an animal is not a service animal, given the limited questions one may ask and the fact that service dogs do not have to be licensed, certified or registered with any authority.

“This is unbelievably great news,” said Jim Kennedy, executive director of Hawaii Fi-Do Service Dogs, who supported the bill. “We are so grateful they were able to compromise to get the bill to pass, and look forward to it eventually becoming law.”

Kennedy said his organization looks forward to educating the community. Hawaii Fi-Do, he said, is not against animal-friendly businesses or allowing people with disabilities to train their own service dogs, but wants to see a reduction in the abuse of American With Disabilities Act access accommodation laws.

“We understand and share concerns about the (enforcement) issue, but the real benefit of this is the deterrent effect,” he said. “We think that most people are law-abiding. Most people are good people. We need this as a beginning of slowing down this tidal wave of fake service dogs.”

Previous attempts to pass a similar law have stalled at the state Legislature.