Is Fido really a service dog? Could be a crime if he’s misrepresented

A dog trained to alert someone to a medical condition or ensure a sight-impaired person does not cross a street against a red light can be a godsend for a person with a debilitating condition.

But, what if someone claims their hamster or snake is a service animal?

HF3157 would make it a crime to knowingly misrepresent an animal as a service animal “to obtain the rights and privileges available to a person who qualifies for a service animal.” It would also allow a business to post a sign near an entrance stating service animals are welcome, but it is crime to misrepresent such an animal.

Sponsored by Rep. Steve Green (R-Fosston), the bill was tabled Wednesday by the House Public Safety and Security Policy and Finance Committee. A companion, SF2646, sponsored by Sen. Justin Eichorn (R-Grand Rapids) was amended and approved Wednesday by the Senate Judiciary and Public Safety Finance and Policy Committee.

The proposal calls for Minnesota to adopt the definition of a service animal used in the federal Americans with Disabilities Act, which, in part, states: a service animal is any dog or miniature horse “individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.”

Other species are not considered service animals.

“There doesn’t seem to be a moral compass for people anymore,” Beth Kantor said with her service dog, Dazzle, lying under her feet. “They want to bring their dog with because it’s fun. I have to bring my dog with because I’m disabled.” Kantor has multiple sclerosis.

As her service dog, Brody, rested under the testifier’s table looking like a nap could be in order, Terri Krake said people have asked her to get them a vest so they can put it on their bijon. She won’t, but vests are being bought online.

Misrepresentation could result in a petty misdemeanor and fine of up to $100 for a first offense; sentences for subsequent offenses shall include completion of 30 hours of community service “for an organization that serves individuals with disabilities.”

'Giving good service dogs a bad name'

Krake said she’s seen too many instances where someone passes an animal off as a properly trained service animal only to have it do something it shouldn’t. For example, Brody has been bitten by other so-called “service dogs” and Krake once saw a dog urinate inside a Target store.

Business owners and staff don’t know they can ask that person to leave, she added, or won’t for fear of being sued.

“It makes it very difficult for those of us that have legitimate service dogs to go in businesses after a fake dog has been there,” she said.

By law, Krake said two questions can be asked of someone with an invisible disability claiming their animal is a service animal: “Is that a service dog required for a disability?” and “What tasks has that dog been trained to do for you?”

Brody cost $25,000 to obtain and train, Krake said. “He’s not a pet. I tell the police he is a piece of medical equipment, but the truth be told, he’s a lifesaver for me.”

Krake said therapy dogs may only be permitted to go to hospitals or schools they are assigned to and emotional support animals are only permitted in the person’s residence.

Rep. Debra Hilstrom (DFL-Brooklyn Center) said it might be easier to use the state’s trespass laws instead of creating a new crime. Ron Elwood, supervising attorney at the Legal Services Advocacy Project, agreed and said he had many technical issues with the bill.

He supports the bill’s concept and intent, but would like to find a different way to get to the same end result. Due to time limitations, he wasn’t able to get into details.

“Where I feel [current trespass language] doesn’t work is you can be asked to leave in 14 different stores, and you’d never get charged with it,” said Rep. Brian Johnson (R-Cambridge), the committee chair. “It’s a pattern that can continue where these people are still going to be falsely using dogs and misrepresenting them and giving these good service dogs we have a bad name.”