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A new law that goes into effect Tuesday aims to put a tighter leash on dog owners who fraudulently try to pass their pets off as service animals.
The penalties for having a fake service dog range from $100 to $250 for the first offense and $500 for a second and subsequent offenses. The fines were approved by the state Legislature last session under Senate Bill 2461 introduced by Sen. Russell Ruderman (D-Puna). The bill became law without Gov. David Ige’s signature in July.
Although enforcement will be difficult, Ruderman said he believes the new law still will be beneficial. At least 15 other states have similar laws on the books.
“It’s something we can point to and try to influence people to do the right thing,” Ruderman said. “To me, it’s similar to a jaywalking or littering law. We probably didn’t give out littering fines last year and yet the signs saying it’s illegal and peer pressure combine to influence people’s behaviors.”
Ruderman, who owns Island Naturals Market and Deli on Hawaii island, said business owners are in a difficult position when someone enters their establishment with what appears to be a service animal. They can ask only two questions: whether the dog is a service animal required because of a disability and what tasks the dog has been trained to perform.
At the same time under federal law, businesses are required to allow bona fide service dogs access to their establishments or face potential lawsuits.
WHAT’S A SERVICE DOG?
A legitimate service dog:
>> Is well-behaved, calm, quiet and generally right beside its partner.
>> Is generally on a leash. One example of an exception is if a leash could interfere with the dog performing the tasks it has been trained to do. In that case, a leash is not required.
>> Usually has “four on the floor,” meaning it walks on its own and is not carried. Exceptions may include a medical alert dog, for example, that might be in a chest pack worn by its partner.
>> Should be well groomed and not smelly.
>> Won’t “relieve” itself in a building when working.
Some behaviors that suggest a dog probably is not a service dog:
>> Barking, growling, lunging, trying to nip or bite, and unwillingness to settle down.
Source: Hawaii Fi-Do Service Dogs
Jim Kennedy, executive director of Hawaii Fi-Do Service Dogs, is happy that after numerous attempts there is finally a Hawaii law prohibiting fake service dogs.
The Oahu nonprofit provides service dogs at no cost to help people with disabilities achieve greater independence and quality of life. Over the past few months, Hawaii Fi-Do has been offering community presentations on the new law.
“People are doing this (faking that their pet is a service dog) and know that they’re creating uncertainty … ,” Kennedy said. “This is causing problems for people who really have disabilities and we want them to stop.”
Service dog confusion
The greatest confusion, Kennedy said, is over the difference between federal laws covering service dogs and so-called emotional support and therapy dogs.
While the federal Air Carrier Access and Fair Housing acts grant access to airline flights and housing to people with emotional support dogs, the federal Americans with Disabilities Act applies only to service animals, not emotional support dogs.
Under the ADA, a service animal is defined “as a dog that has been individually trained to do work or perform tasks for an individual with a disability.”
There is no official U.S. registry for service dogs, which are not required to wear vests, patches or special harnesses or have I.D. badges. Those items are all widely available to purchase online.
Hawaii Fi-Do dogs wear logo vests and have badges, Kennedy said.
“I would bet you less than one out of 100 people ordering (vests and badges) are legitimate service dog owners who train their dogs to be a service dog,” he said.
In a list of frequently asked questions, the U.S. Department of Justice said emotional support, therapy, comfort or companion animals are not considered service animals under the ADA.
A service dog is trained to take specific action when needed to assist a person with a disability. For example, some dogs are trained to alert a person with diabetes when his or her blood-sugar level drops; others are trained to remind a person to take medication or to detect the onset of a seizure.
People who are abusing the system may not know the downside of doing so, said Kennedy, whose wife, Vickie, is legally blind and has had several guide dogs.
“The reality is there are three things that are happening,” he said. “One is that businesses are growing understandably more confused. Is this a service dog or not? The more dogs that come in that don’t really act like a service dog creates greater uncertainty for all (service dogs) coming in.”
The increased scrutiny creates additional stress for people with disabilities who have legitimate service dogs, and untrained dogs that pull, lunge or bark in an establishment can distract a real service dog from doing its job.
Hawaii Fi-Do trains its dogs for two years to learn more than 90 commands and skills. They are tested for obedience, temperament and health to become certified. They may be trained to pull a manual wheelchair, push buttons to open doors and serve as a brace for people who need help with balance. The group is accredited by Assistance Dogs International, which sets standards in the industry.
Man’s best friend
Patrick Hamlow, a state corrections officer who lost both legs to a staph infection, has led an independent life since 2014 thanks to his Hawaii Fi-Do-trained Labradoodle named Umi.
When Hamlow takes the Handi-Van, Umi rides along. When they are on the ground, Umi walks beside Hamlow’s motorized wheelchair, pushes buttons to open doors and retrieves items he drops on the floor. When Hamlow goes to a kidney dialysis center a few times a week for treatment, Umi keeps an eye on him and fetches the nurse, if needed.
Though he was not trained to do so, the dog also senses when Hamlow’s blood sugar is low and will bring him his diabetes kit.
Over the years, Hamlow has had a few run-ins with fake service dogs. In 2015, he said, a Rottweiler wearing a service dog vest tried to attack Umi in the aisles of a Walmart. Hamlow shielded Umi with his wheelchair but got a bloody right arm trying to stop the attack. The owner grabbed his dog’s leash and took off without a word, Hamlow said.
Don’t be quick to judge
Kennedy said while he hopes the new law will serve as a deterrent, it is important for people not to judge someone as having a fake service dog too quickly. Hawaii Fi-Do trains mostly Labrador retrievers and Labradoodles, but service dogs can be all different sizes and breeds, he said.
While a dog being carried in a designer bag or pushed in a stroller is not likely a service dog, some medical-alert dogs are carried so they can smell their owner’s breath, Kennedy said. Certains smells can alert dogs to imminent health problems.
Although most working service dogs are on a leash, the ADA allows for exceptions. For example, a veteran with post-traumatic stress disorder who becomes anxious when strangers get too close may have an unleashed service dog that walks in circles around him to alert him if someone is approaching.
Although the service dog performs its tasks off-leash, it must still be under the voice control of its handler. Those cases may be rare, said Kennedy, but are legitimate nonetheless.
Ruderman said the new law was needed because more people are bringing animals into public places like his market, claiming they are service animals.
That has prompted businesses, including Costco and Starbucks, to post signs at the entrance reminding customers that only service dogs are welcome. Now they also can put up a sign explaining that dog owners who falsely represent their pets as service animals face fines.
“I think it’ll be nice to put a sign in the window,” said Ruderman.
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.
>> The ADA does not restrict the type of dog breeds that can be service animals.
Source: U.S. Department of Justice Civil Rights Division
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