If the dog actually does some sort of service, then no (there is no official registration for service dogs -- any company that says they do is just a scam). But it sounds like the dog does not actually do anything and so then yes, that would be illegal.
I once saw someone at our local Renaissance Faire with a pomeranian (you're not allowed to have dogs there unless they're a service dog). They claimed it was some sort of service dog, but it was totally out of control. Barking, lunging at people who walked by. There's NO way that dog was a service dog.
The dog has to perform tasks for the person (trained tasks they can't otherwise do on their own), the standard test is usually three... if it goes to court you would need to be able to prove the dog can do three tasks. They have to be legally disabled to use a service dog. They must have filed as disabled and be legally recognized as disabled, to use an assistance dog. The law does now cover psychiatric service dogs (for people with disabilities like OCD, anxiety, and so on) as well as hearing, blind, and physical disabilities IF the person is legally disabled. One of the requirements to be a service animal is that it must be well behaved in public as well, so no that Pom is not likely an assistance/service dog. Therapy dogs are not the same as service dogs, a lot of people mix them up and it causes confusion... but she is breaking the law right now
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I DO NOT understand those stupid strollers. Perhaps if the dog is really old or has limited mobility, it would be OK to take it in one of those, but most people who use them are just denying their dogs exercise (and then wondering why the little dogs are such hyper, aggressive brats).
And I also cannot see what kind of "service" a tiny dog can do from within a doggie stroller.
I bought one for my rabbit. It's nice for shopping, going to the park, & going to the vet. After we're out, I take her to a vegan restaurant (it's kinda like healthy fast food) and buy her a nice salad.
Thing is, if you tried to "report it" or whatever, not much would happen. She is not obligated by any authority to report her medical history to police due to patient confidentiality, and therefore proving whether or not her service dog is legitimately serving is next to impossible. Especially if you're talking to a cop, who probably doesn't know much about service animal legal qualifications in the first place (and who probably doesn't care anyway).
There are plenty of service dog jobs that small dogs can do. It doesn't take a 60lb. dog to alert someone to an oncoming seizure, or to let a deaf person know a phone is ringing, or to provide emotional support to someone struggling with mental illness. It sucks that you know (or think?) this dog is totally NOT a trained service dog, but if the dog is well-behaved, what's the complaint? What's the recourse?
The dog would actually make a wonderful service animal, especially in an ambassador capacity. However, that is not what my mil is interested in, her interest lies in being able to take it anywhere and to keep people from touching it. There is not much I can do other than absolutely refuse to go anywhere a pet would not normally be allowed. They went home today, weeee!
I have to do some searching for the actual law, but this is basically what I remember reading: Some states have criminal penalties for impersonating a person with a disability and service dog...I've seen penalties up to $20,000 in fines and/or up to a year in jail...In certain specific instances of impersonation it is a federal felony. (Which in addition to fines and jail can also prevent them from getting future services like social security or food stamps.)
From the ADA website: Violators of the ADA can be required to pay money damages and penalties.
Not to mention the disservice she is doing to actual service dogs.
YOU CAN do something, and that's to 1) pass along this information to her, and if she still refuses or insists on taking this dog with her, 2) report her to local law enforcement. THIS IS NOT OKAY.
Awesome replies, I wish I had read down a little more before replying :)
Fact of the matter is there is plenty you can do and the police officers ARE allowed to ask what the dog is for and what your disability is, it's just the businesses that can't ask too many questions. If the police feel you are in violation they can. The business can take it to court and in court you would have to prove you are (a) Disabled, (b) The tasks the dog is specifically trained in, and (c) that it is well behaved in public. These things do at times go to court and you can get in a lot of trouble for lying.
I'd report it over and over until local businesses start to crack down on this person or until the cops get involved or they stop. People using "fake" service animals do the real ones a disservice and makes it harder for them to get access and exist.
I knew this chick, her "service dog in training" ripped my pygmy goat apart that I was boarding and nearly killed it. It also shit on the floor in the mall when they were "training" it and would bark at people. It was a large Great Dane.
She ended up recovering almost completely. She was blind for months. I rehomed them with a nice family with children and a lab that actually used to be a service dog, however it had severe allergies. They love it there.
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I once saw someone at our local Renaissance Faire with a pomeranian (you're not allowed to have dogs there unless they're a service dog). They claimed it was some sort of service dog, but it was totally out of control. Barking, lunging at people who walked by. There's NO way that dog was a service dog.
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Fines and time in jail, illegal.
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And I also cannot see what kind of "service" a tiny dog can do from within a doggie stroller.
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There are plenty of service dog jobs that small dogs can do. It doesn't take a 60lb. dog to alert someone to an oncoming seizure, or to let a deaf person know a phone is ringing, or to provide emotional support to someone struggling with mental illness. It sucks that you know (or think?) this dog is totally NOT a trained service dog, but if the dog is well-behaved, what's the complaint? What's the recourse?
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I have to do some searching for the actual law, but this is basically what I remember reading:
Some states have criminal penalties for impersonating a person with a disability and service dog...I've seen penalties up to $20,000 in fines and/or up to a year in jail...In certain specific instances of impersonation it is a federal felony. (Which in addition to fines and jail can also prevent them from getting future services like social security or food stamps.)
From the ADA website: Violators of the ADA can be required to pay money damages and penalties.
Not to mention the disservice she is doing to actual service dogs.
YOU CAN do something, and that's to 1) pass along this information to her, and if she still refuses or insists on taking this dog with her, 2) report her to local law enforcement. THIS IS NOT OKAY.
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Fact of the matter is there is plenty you can do and the police officers ARE allowed to ask what the dog is for and what your disability is, it's just the businesses that can't ask too many questions. If the police feel you are in violation they can. The business can take it to court and in court you would have to prove you are (a) Disabled, (b) The tasks the dog is specifically trained in, and (c) that it is well behaved in public. These things do at times go to court and you can get in a lot of trouble for lying.
I'd report it over and over until local businesses start to crack down on this person or until the cops get involved or they stop. People using "fake" service animals do the real ones a disservice and makes it harder for them to get access and exist.
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I hope your goat was ok.
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