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New Texas law aims to crack down on fake service dogs

New Texas law aims to crack down on fake service dogs
2 years 5 months 1 week ago Monday, July 03 2023 Jul 3, 2023 July 03, 2023 12:59 PM July 03, 2023 in News - Local

A new state law will soon add consequences for people falsely passing their pets off as service animals.

From daily tasks to emergencies, Denise Silcox relies on her service dog every day.

"Picking up stuff that I dropped, so I don't have to bend over. Should I fall, and I'm conscious... but he will bring me my phone if I need to call for help, and he burrows under my head like a pillow until I feel like getting up," Silcox said.

Silcox is a service dog owner and a certified animal therapy instructor.

Soon it will be a misdemeanor in Texas for someone to say their pet as a service animal if it's not. 

"Fake service dogs cause huge problems for people that have real ones. They fight, I've seen dogs that were allegedly service dogs, lunging at other service dogs. They pee, they run around loose because they have inattentive owners," Silcox said.

People who violate the new law could face up to a $1,000 dollar fine and 30 hours of community service.

Silcox believes it will be a challenge to enforce because there is no license or certification to have a service dog. 

"Who's going to certify that? If you go to a dog training program, they're only going to want a certified dog that they've trained. Disability specialist probably don't know anything about dogs and vice versa. A lot of dog trainers don't know anything about disability," Silcox said.

Pattie Rosenlund is the executive director for Easter Seals, an organization that advocates for people with disabilities. 

She says it can be tricky to crack down on fake service animals because you can't always tell from just looking at an owner if they have a disability.

"We wouldn't want to be real judgy because some individuals with disabilities, it's apparent and some it is not apparent. So we're not going to make an assumption like oh they don't have a legit service dog or not," Rosenlund said.

But there are ways you can tell if a dog has been trained properly to be a service dog or not. Service dogs typically wear a vest and should be gentle and quiet, not growling or barking.

Businesses are not allowed to require a dog to demonstrate a task or any documentation.

"A business can ask questions. 'Is that a service dog?' and 'what does that dog do to help with your disability?' If they can't answer that, then it's not a service dog. If they say oh, it makes me feel better, emotional support maybe, but not a service dog," Silcox said.

Emotional support animals are oftentimes confused for service dogs. The difference, emotional support animals are not trained, they are just meant to provide comfort to their owner.

According to the Americans With Disabilities Act, a service animal is any dog individually trained to do certain work or tasks for the benefit of someone with a disability.

"This law is really intended to support individuals who need a service dog. We would all love for our dogs to go with us anywhere, but this goes beyond that. A dog is actually therapeutically important for them to gain access to the community and resources," Rosenlund said.

While Silcox says it's a step in the right direction, she believes it isn't enough.

"It should certainly include emotional support animals. I think they're even a bigger problem than fraudulent service dogs, but it's a start," Silcox said.

The law will take effect September 1.

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