By now, most of us have seen a fake service dog. The animal wears some sort of vest or harness that makes it look official. However, the dog clearly isn’t well trained as it doesn’t respond to commands promptly, if at all. It lunges at other animals, snaps or barks, and is generally disruptive. When asked about the dog, the owner becomes defensive and abusive. What, if anything, can be done in this situation?

Fake service dogs are a growing problem. After the Americans With Disabilities Act (ADA) was passed into law in 1990, people began to see service animals in stores, restaurants, offices, and other places where they were not previously permitted. This normalized the animals’ presence, and some people without disabilities began to want their pets in these places as well. This factor, combined with the rise of online availability of fake service animal vests, harnesses and certifications, led us to where we are today.

By law, businesses can only ask a person with a service animal two questions:

• Is the service animal required because of a disability?
• What task is the animal trained to perform?

If the person cannot provide satisfactory answers to these questions, they and their animal can be asked to leave. However, businesses may be loathe to antagonize customers and may also fear having video of the confrontation posted to social media. This makes it easier for non-disabled persons to get away with passing their pets off as service animals.

Fake service animals harm those in the disability community in several ways. First, they undermine the credibility of persons with disabilities who truly rely on their service animals for assistance. They increase the scrutiny of animals in public places, and badly behaved fake service animals can increase discrimination against the disabled. Second, untrained or improperly trained animals can be a hazard.

They may become aggressive or unmanageable in a stressful environment and injure patrons, staff, or a legitimated service animal. Finally, a poorly behaved fake service animal unable to be controlled by its handler can perpetuate disability stereotyping and add to the public’s perception that those with disabilities can’t manage their own lives.

Montana has tried to address the issue of fake service animals. Montana Code Annotated 49.4.2 codified the rights of Montanans to use service animals in public places and lays out guidelines and procedures for addressing fraudulent service animals. Under Montana law, a service animal is defined as a dog or miniature horse that is individually trained to do work or perform tasks for an individual with a disability. Service animals do not have to wear a vest or other identification, nor do their handlers have to disclose their disability. Inquiries about a person’s use of a service animal are limited to the same two questions allowed under the ADA.

If you suspect someone is falsely claiming their pet as a service animal, you can file a complaint with local law enforcement. The complaint should be in writing and include specific details about the alleged misrepresentation. Misrepresenting a pet as a service animal is a misdemeanor offense in Montana.

Penalties can include fines and potential jail time. But absent an egregious offense, it seems unlikely that many people will be prosecuted under the law. More effective may be social pressure. It’s unacceptable for people to try to pass of their companion animals as service animals. Those that do so should be subjected to strong enough social disapproval to discourage the behavior. Persons with disabilities who use legitimate service animals deserve no less.

You can live the life you want; blindness is not what holds you back. The National Federation of the Blind (NFB) knows that blindness is not the characteristic that defines you or your future.

To contact the Missoula chapter of the NFB, email us at missoulachapter@nfbmt.org .