State legislator wants to crack down on fake service animals

PROVIDENCE – State lawmakers are considering a measure that would punish people who fraudulently claim their pets are service dogs in order to take advantage of perks and privileges intended for the disabled.

Bill 2018-H7612, introduced in the House by State Rep. Thomas Winfield (D-Dist. 53, Smithfield-Glocester), calls for fines up to $500 plus 30 hours of community service for anyone who misrepresents a pet as a service animal in order to obtain privileges set forth in the Americans with Disabilities Act. State Sen. Roger A. Picard (D-Dist. 20, Woonsocket, Cumberland) has introduced a companion measure in the Senate.

A funeral home operator, Winfield owns a therapy dog, Buddy, who works at the business to console the grief-stricken. For someone such as himself, who’s wellversed in the use and certification of therapy dogs, their unique behavior is easy to spot, Winfield says.

But most restaurateurs, hoteliers and related business operators are generally

unschooled in the ways of therapy dogs, and the only way for them to identify one is how their owners dress them – usually with a vest.

“However, owners are increasingly fraudulently dressing pets as service dogs to attain privileges provided to disabled people by the

Americans with Disabilities Act,” according to Winfield.

Winfield said he introduced the legislation at the request of the dining and hospitality industry, which often grapples with health codes that ban animals from their premises and pet owners who try to skirt those codes by claiming their pet is a service animal.

“Misrepresenting a service dog undermines the laws in place to pro- vide accommodation and wears out the welcome of the law’s legitimate beneficiaries,” Winfield said.

While his therapy dog went through extensive training, service dogs who assist the disabled are even more highly trained, at great expense, according to the representative. He says service dogs “peform critical, even life-saving tasks for their owners, who need to have them on hand at all times.

“It’s unfair to exploit the law that allows them to keep their service animals with them wherever they go,” said Winfield. “My bill aims to protect service animals’ integrity, so there’s never any question about their authenticity.”

The legislation (2018-H 7612) is cosponsored by Rep. Charlene M. Lima (D-Dist. 14, Cranston, Providence), Rep. William W. O’Brien (D-Dist. 54, North Providence), Rep. Stephen R. Ucci (D-Dist. 42, Johnston, Cranston) and Rep. Anastasia P. Williams (D-Dist. 9, Providence).

The bill has been referred to the Committee on Health, Education and Welfare, which has scheduled the measure for a hearing and a possible vote on Wednesday, March 21.