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Wisconsin lawmakers tighten the leash on fake service animals
The Wisconsin State Assembly and Senate have both passed a bill that creates a fine for individuals with "fake" service animals or false documentation of an emotional support animal.
BROOKFIELD, Wis. - More than a half-million Americans with disabilities depend on service dogs to cope with daily life, but Wisconsin lawmakers say some pet owners are taking advantage. That is the impetus behind a bill that aims to crack down on fraudulent representation of pets as service animals and emotional support animals.
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Two important terms
What we know:
The two terms — service animal and emotional support animal — mean different things and offer differing legal protections. Both are subject to fraud and fakes, and Carissa Tank said she's seen plenty of both.
"Usually by behavior, you can tell," said Tank. "There was a lady walking three dogs in Target. They're peeing on shelves, and they went crazy when they saw him."
By him, she's referring to Scar, the purebred Australian Shepherd she personally trained to perform a variety of tasks. In fact, task training is what separates service dogs from other kinds of assistance animals.
Scar the Aussie (right) is an Australian Shepherd service dog trained by Carissa Tank.
"He knows how to open doors. He can shut lights off. He can pick up any item," Tank said.
Scar is also able to ignore distractions in crowded public places. He can retrieve Tank's keys. He's able to lead her to the nearest chair when he detects a scent that indicates she's falling ill. He can even alert her when she's engaging in habits that indicate anxiety.
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"Like nail picking or like leg tapping. He’ll stop you," Tank said, as she bobs her knee and Scar immediately places his left paw on top to alert her to the problem behavior.
They could ruin your dog
What they're saying:
Tank doesn't just have a service dog. She trains them.
"Hi everybody," Tank said as she greets a group of four customers in the main corridor of Brookfield Square Mall. Tank comes here often to help teach others to train their animals to become service dogs.
"You’re going to say go find a chair," Tank directed the group. "You’re going to do that multiple times."
Training a service dog is a process that involves hundreds of hours of repetition and commitment. Tank said that painstaking effort can be instantly erased when an untrained animal gets aggressive in a place it wasn't supposed to be.
"They could ruin your dog in the blink of an eye," Tank said.
No pets allowed
Big picture view:
Service dogs are legally allowed to go anywhere their owners can. In recent years, however, Tank said that level of access has spawned a legion of fakers. Often, she sees dogs wearing official-looking vests whose behavior is a dead giveaway.
"Anybody can get that vest and slap it on their dog," Tank said.
Tank has also seen a surge in so-called emotional support animals showing up in places they're not allowed.
Tank says untrained animals in public places can "ruin" a service dog, especially one that is still in training.
"And I'm like, ‘ok, those are not service dogs. They should not be in here,’" Tank said.
Under the Americans with Disabilities Act, a service animal is defined as a dog or miniature horse that is trained to perform specific tasks. An emotional support animal, or ESA, can be any kind of animal with no training at all. An ESA's only purpose is to provide emotional comfort to individuals with a psychiatric disability.
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Unlike service dogs, ESAs have no legal right to accompany their owners into places where pets are not allowed, but many people don't know that.
Public health risk
Why you should care:
Susan Quam is Executive Director of the Wisconsin Restaurant Association, which represents thousands of businesses that are heavily regulated because they serve food.
"Just two weeks ago, I had a member contact us and want to know what they're supposed to do when a customer brings in their peacock," Quam said. "It is a public health risk."
Quam said her members often feel their hands are tied by federal regulations that strictly limit what they can ask.
Susan Quam, Wisconsin Restaurant Association
"Is this a service animal for a disability? And, what tasks has this animal been trained to provide?" cited Hannah Balder, an attorney and advocate for Disability Rights Wisconsin. "It is really airtight that those are the only two questions that a person can be asked."
Quam said many business owners and managers are afraid to ask anything for fear of prompting an ADA lawsuit or, worse yet, a viral social media post.
"They do feel powerless because they're kind of in a rock and a hard place," Quam said.
It's ‘out of control’
The backstory:
Across the country, stories abound of conflicts over emotional support chickens, alligators, alpacas, even snakes.
To prove a point, FOX6 Investigators took an emotional support goat inside the Milwaukee Art Musuem, Milwaukee Public market, a movie theater, and more. That was nine years ago, but Quam said it's only gotten worse.
"It’s happening all the time," Quam said.
There's now an entire Facebook group devoted to spotting "fake" service dogs, where members share photos and videos of animals and their owners behaving badly.
State Senator Rachael Cabral-Guevara has heard enough.
"It’s out of control and it needs to stop," Cabral-Guevara said.
In June, the Appleton Republican introduced a bill that would create a $200 fine for falsely claiming to have a service animal and a $500 fine for providing false documentation of an ESA.
"Unfortunately, people are abusing it, not only in restaurants and in airports and stores, but they’re also abusing it in the world of housing," Cabral-Guevara said.
Under the federal Fair Housing Act, landlords must allow tenants to live with an ESA and they cannot charge them extra fees. The proposed legislation would require health care providers who prescribe an ESA to have a minimum 30-day relationship with the patient first.
"Is it truly that you have a medical issue that you truly need assistance with or are we abusing the system and then getting a reduction of rent," Cabral-Guevara said.
The legislation is supported by housing associations, campgrounds, grocers, hotels, taverns and restaurants, but not everyone is on board.
Impossible to enforce
The other side:
"I'm really torn on this one," said State Rep. Ryan Clancy during a public hearing on the bill.
The Milwaukee Democrat said he worries the 30-day requirement for an ESA letter could be a barrier for those without health insurance.
"I'm concerned this will be squeezing out folks who don’t have someone who can write them a prescription or even a counselor who can write them a note," Clancy said.
Disability Rights Wisconsin has its own objections regarding the fine for fake service animals.
"It's just impossible to enforce," Balder said.
She pointed out that there is no official registry or certification process to check if a service animal is legitimate. And there is no requirement that they be professionally trained, since the ADA allows disabled individuals to self-train a service dog.
Hannah Balder, Disability Rights Wisconsin
"What are they going to do?" Balder asked. "Call the police? And then a police officer is going to decide based on what they believe, what they can see?"
As someone who invests time and money training service dogs, Tank likes the bill.
"I think it's a great idea to at least do something," Tank said.
Quam said enforcement is not really the point, but rather the message it sends.
"What we are asking for is some deterrence," Tank said, "and in the end, it comes down to, what does your conscience tell you, right?"
Headed to Governor's desk
What's next:
On Tuesday, Nov. 18, the Wisconsin State Senate approved the bill, which had previously been approved by the Assembly. Next, it heads to Governor Tony Evers' desk.
FOX6 Investigators asked Governor Evers' staff via email if he intends to sign the bill, but had not received a response by 5 p.m. on Friday, Nov. 21.
The Source: For this story, FOX6 Investigators relied on interviews with Carissa Tank of Scar's AUSSome Training, Hannah Balder with Disability Rights Wisconsin, Susan Quam of the Wisconsin Restaurant Association, and Senator Rachael Cabral-Guevara, author of service animal legislation. We reviewed the legislative documents and lobbying records for both AB366 and its companion bill, SB327. In addition, we reviewed legislative hearings on these bills recorded and preserved by Wisconsin Eye.