Drew Lynch, the second place winner on season ten of America’s Got Talent, has a service dog named Stella. He features Stella in all of his Youtube videos on his channel Dog Vlog. Being a service dog owner, he has had encounters with people who are either skeptical about his dog or people who have emotional support animals, also known as ESA’s. In one of his Youtube videos, he talks about one of his experiences involving Stella with a hotel manager in Virginia. After Drew checked in, the manager went up to Drew and ask for Stella’s papers. Drew politely tried to explain to him that ESA’s are the only ones that have to have their paperwork, while service dogs do not need to carry them because some are not given papers. The manager insists for papers and Drew informs him that he can only legally ask two questions about service dogs, which the manager ignores. The manager argues anyone one can throw on a vest and call their dog a service dog. Drew and Stella decided to leave the hotel because of the argument he had with the manager.

Experiences like this happen all the time. People have lost their jobs and have been kicked out of places because they have a service dog. This is because of the people who claim their dog is a service animal even though they aren’t.

Getting a service animal is harder and more expensive than you think. ESAs and therapy dogs are not service dogs. Service dogs require special training. They also certain laws put out for them to protect the owner’s and the dog’s rights. People who have fake service dogs should stop pretending their dog has the same rights as service dogs to protect the people and the dogs.

Emotional Support Animals

What are they?

Emotional support animals are typically cats or dogs, though they can include other species, that provide a therapeutic benefit to the owner to help with (most commonly) mental disabilities. The owners have to fit the medical definition of the disability to get an ESA, receive a proper diagnosis by a medical professional, and a letter for the animal.

People usually forget that they don’t have the same rights as service animals. The Service Animal Certifications informs us that they are not protected under the laws under ADA. They are only allowed (by law) to be in apartments and airplanes but still require to have basic training and be well behaved.

Why They are Good

These animals can help out with a lot of things. The ESA Doctors states that doctors notice improvements in many areas of mental health, like self-esteem, motivation, and being more social. These dogs also help out people who have a hard time being social or even just leaving the house.

Dogs are also seen to lower blood pressure, help lower heart rate and help get more regular breathing, according to Psychology Today. These dogs and other animals can help make a person more relaxed and release stress.

Service Animals

What are they?

Service dogs, as defined by the ADA, are “any dog that is 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”. So they are dogs, and only dogs, trained to do these certain jobs or tasks in order for their owner to be able to live with fewer struggles. These dogs are trained in a variety different ways. They can cost their owners thousands of dollars for training. According to the American Kennel Club, a dog trained in an organization can cost up to $25,000.

What are the Laws?

The Americans with Disabilities Act (ADA) cover rules for service dogs like they must be well-behaved and leashed in public. The dog must also have control and be housebroken. There is no limit on the breed of dogs that can be service dogs, but no other animals may become a service pet, except for miniature horses. These rules help define the differences between real service dogs and fake service dogs. These dogs are allowed to go where people can normally go, like businesses, schools, local government buildings, and nonprofit organization.

There are only two questions a staff member can ask a handler. They can ask if the dog is a service dog required for a disability and what it has been trained to do. They are not required to show documentation or identification to prove if the dog is a service dog. They cannot ask for the dog to show his task(s) or to show medical documentation.

Staff members are not allowed to say allergies and fear of dogs are reasons for denying a person access to a building or room. If there are allergies, then they must accommodate to both by either having them in different locations inside or outside the room.

There are only two reasons for a dog to leave, if the dog is out of control or if it is not housebroken. The staff must accommodate the handler to obtain what they need.

Service dogs are allowed in food facilities, even if they break the code.

What are the Types?

There are multiple types of service dogs, which are all covered by the American Kennel Club.

One of the types of service dogs is Psychiatric Service Dogs. These dogs have been trained to lessen the effects of psychiatric episodes. They can be trained to check surroundings, turn on lights, give reminders for medications, and keeping disoriented people from danger and harm. These dogs are useful for people with Post Traumatic Stress Disorder, schizophrenia, anxiety, depression, and bipolar disorder.

Guide dogs are used to help guide a blind person around. The downside of this type is that they can’t see the street signs colors because they are colorblind. The owner has to be able to know where they are going while the dog guides them there.

A hearing dog, also called a signal dog, helps the deaf and hard of hearing by letting their owner know of important sounds, like alarms and doorbells. They also help the owner avoid machinery outside of home in order to keep them safe.

Sensory signal dogs or social signal dogs help people with autism. They can give the handler a boost of confidence to perform daily tasks and interactions. These dogs also point out the important sounds to the handlers, like smoke alarms, because they aren’t always able to process the sound right away when they are processing other sounds. They also make their handlers aware of certain repetitive behaviors that can be potentially dangerous.

Seizure response dogs are trained in different ways depending on the owner’s need. They can protect the person when they are having a seizure, or can warn the person to sit down and get to a safe place to try to avoid one.

All of these dogs have specific training for each handler and may help save someone’s life. Without these dogs, man people would not be able to do the jobs and tasks they can perform today. 

The Problem

All of these dogs and other animals can help change someone’s life for the better. When these dogs are not acting the way they are supposed to be, then problems start to arise. Fake service dogs or ESA handlers claiming their dogs have the same right as service dogs cause more stigma in service dogs than there already was. Many service dog handlers don’t have a visible disability but still, need a service dog. This causes to claim theirs as fake, which is why the law about the two questions are in place to protect them from revealing their disability if they prefer not to.

There are people who get ESAs just because they are misinformed on where they can bring their pet. Some of these people don’t even go see a therapist. They just go online and get papers and a fake ID for their pet. People also buy vests online and claim their dog is a service animal, even though it has not proper training and is just a normal pet.

[perfectpullquote align=”right” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]Fake service dogs or ESA handlers claiming their dogs have the same right as service dogs cause more stigma in service dogs than there already was[/perfectpullquote]

When the fake service dogs misbehave in public, it creates more stigma for the real service dogs doing their job. They are a nuisance to the real service dogs and to the people around them. They aren’t trained to be well behaved in public, so they bark and sniff at things around them. Them being in stores could cause a contamination issue with the dogs getting close to the foods, which is why many service dog handlers have a problem trying to enter the store with their service dog. There are also fake service dogs people take into restaurants, which causes another problem. These dogs usually sit with their owner begging for food, while real service dogs sit under the table and ignore all the food around them. The owners of the restaurants then become stricter on what dogs can enter, making the people with hidden disabilities have a hard time getting in.

These fake service dogs can also cause harm to the public and to real working dogs. A story from the `WGN 9 channel tells us how Michael Kelly’s service dog, Kie, was attacked by a fake service dog. These attacks happen often because of the owners of the fake service dogs do not acknowledge how their dog is not trained to be in public like service dogs.

Users on Twitter that own service dogs tweet about how fake services dogs are affecting their lives. Here are just a couple of examples:

This is heartbreaking. Look at that poor pup. I'm crying.
Service dogs are invaluable to their handlers. Please don't jeopardize the dogs' and handlers' safety. And PLEASE do not fake a service dog. It is an enormous disservice to the trained service dogs who work hard every day. pic.twitter.com/irt85acatL

— 🍀KaitsCritters🍀 (@Mares4Life) September 7, 2018

Okay im sick of every time i take a greyhound people treating prairie dog like a normal pet. She may not have her certification or vest but she is a service dog in training. Shes only allowed on the bus because i have ptsd. Dont pet her while shes working, shes on duty.

— For the Dog // Rider (@forthedogmusic) November 4, 2018

My service dog saves my life everyday. I wouldn't be functioning without him and wouldn't be able to do a lot of things. When you fake a service dog, you are pretending to be disabled. Being disabled isnt fun, relying on a dog as your lifeline isnt fun

— gayhound🐾💕 (@kingkenmoo) October 30, 2018

Laws Against Fake Service Dogs

Many states are now seeing this problem and are starting to prevent this problem from happening more. According to NBC News, twenty-one states are applying laws or movements against fake service dogs. The ADA laws already have requirements and behavioral rules to protect real service dog handlers, but the two question law makes it tougher to protect business owners from lawsuits if they misjudge a dog.

Kare 11 reports Minnesota’s law will now place a petty misdemeanor fine at $100 on fake service dog handlers. This was a unanimous decision in the House, with only one vote against it. Arizona has their fine at $250. The people in California pretending to be owners of service animals are criminal misdemeanors and can either pay a $1000 fine or up to six months in prison

These states, and about twenty more, have recognized the problems with fake service dogs and created fair laws to protect people with real service dogs. These states either have prison sentences or fines, or even both. These laws are here to ensure the safety of the public.  

Questions

What if I have anxiety attacks and need my ESA everywhere?

If you have many anxiety attacks and it interferes with everyday living, then talk to your therapist about psychiatric service dogs. If you have anxiety attacks only a couple times per month, then you would not need a psychiatric service dog. ESAs do not have the same rights as service dogs, so even if you have anxiety attacks, you cannot bring the pet to any business.

Can I bring my ESA into class?

According to Therapy Pet, colleges and schools are not obligated to allow your ESA onto campus. However, ESA animals are being recognized by colleges as helpful animals for mental health for their students. Still, not all colleges allow them, but they might in the future.

Can my ESA or service animal be denied from apartments?

No. According to the Humane Society, the Fair Housing Act denies landlords the right to turn away assistance animals. They have to accommodate your ESA or service dog without any extra fees. You have to show a letter from your doctor or therapist saying you have an animal that helps you with a disability. If they deny your request, you have the right to have it reviewed by the government.

Can I bring my dog to work?

Only if they are classified as a service dog under the ADA. If they are only an ESA or a regular pet, then the owners of the establishment can ask for your pet to leave.

Other Resources

If you still are confused about the differences or want more information, the ADA has a frequently asked questions site for more questions. Before getting any type of assistance animal, please know the differences and their rights. Many service dog handlers will thank you.

Featured image by skeeze on Pixabay