Encountering a Fake Assistance Dog in Florida
Andrew and I recently took a quick trip to attend a marvelous fund raiser for Genesis Assistance Dogs, Inc. We decided to stay overnight at a hotel close to the venue. It was at the hotel that we encountered a fake assistance dog in Florida.
Upon entering the hotel with Motive at my side (Andrew was pushing in the luggage cart) we were greeted by a loud burst of quite vicious barking. Ahead of us at the front desk was a middle-aged couple with a large dog on a leash under the counter laying at the gentleman’s feet. I commanded Motive to sit and stay – which he did immediately. The other dog continued to bark and utter low growls while straining against his leash to get to Motive. Motive was unimpressed.
I politely asked if their dog was a service dog too. They both replied that he was. I received almost panicked stares from the couple as they knew from Motives behavior they had been caught in a lie. The dog wore no vest, no harness and no other insignia was visible. To my utter astonishment and Andrew’s total disbelief, the man kicked the dog. He then yelled at the dog to be quiet. The dog did not comply and continued to pull on his leash, barking. The man kicked him again. He then told the dog he wasn’t going to be fed for the rest of the day. “You need to learn how to behave in public!” Andrew and I were horrified.
The couple finished their business at the desk and led the dog down the hall away from the desk. Andrew, Motive and I approached the desk to check in. I asked the desk clerk if the hotel was a dog friendly one and she told me it was not. I then asked why the other couple (who were apparently guests being accompanied by their pet) had been permitted to check into the hotel with an obviously fake service dog?
The clerk said she truly didn’t know what else she could have done. She had asked if the dog was a service dog when they had checked in, and also inquired about what service the dog performed for its handler. That’s all they are permitted to do under the regulations of the ADA. Sadly, this is indeed correct. However, the ADA also states that:
“A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal’s owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.”
This dog was definitely out of control and the effective action used to control it was indeed animal abuse. The desk clerk clearly did not want to create a scene. She apologized and indicated that the couple had just checked out and would no longer be a problem. Andrew was ready to ask for the security tapes to report the incident to local authorities, but as we looked around, we saw no evidence of cameras. If we reported them it would be a he said/she said situation with regards to animal cruelty. We were saddened by this reality.
Fake service dogs are making it more and more difficult for highly trained and skilled assistance dogs such as Motive to gain entry to businesses. It’s no doubt that behavior of people such as this couple causes confusion to many employees regarding what is appropriate to ask of a person who is accompanied by a dog and trying to enter their establishment. It is so important for training to be given to all employees who deal with the public to avoid embarrassing the disabled individual traveling with their service dog, and more importantly to identify those who are misrepresenting the truth about their pet.
Any person who purposefully misleads the public about the status of their pet being an assistance dog should be ashamed of themselves. The Florida legislature took action and on July 1, 2015, Chapter 413.o8 of the 2016 Florida Statues went into effect:
“(9)A person who knowingly and willfully misrepresents herself or himself, through conduct or verbal or written notice, as using a service animal and being qualified to use a service animal or as a trainer of a service animal commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 and must perform 30 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months.”
It’s not much of a penalty in my opinion, but it is a small step in the right direction. Folks who try to deceive the public by passing off their fake assistance dog in Florida should really consider the consequences they’ll face. For those accompanied by legitimate assistance dogs I encourage you to stay informed and to help educate those around you.
