North Dakota legislators eye penalties for service animal fraud

The Jamestown Sun – by John Hageman

BISMARCK — People who fraudulently claim their dog is a service animal could face a $100 fine under a bill considered by a North Dakota legislative committee Wednesday, Jan. 16.

House Bill 1259, introduced by a group of Republican lawmakers led by Jamestown Rep. Bernie Satrom, would make it an infraction to falsely claim that a pet is a service animal in an attempt to “gain admission to a public place” or obtain housing. Satrom said his bill is meant to deter what he said were increasingly common abuses of service animal ownership to “gain special access and accommodations.”  

Jason Cook, a Marine Corps and North Dakota Army National Guard veteran who has a service dog for post-traumatic stress disorder and a traumatic brain injury, told lawmakers his dog helps him feel comfortable in crowded spaces like Wal-Mart. But he avoids those places if he knows there’s a pet masquerading as a service animal that could act aggressively toward his dog.

“I’m hoping that the bill will stop people from going and buying the vest and claiming the dog is a service animal,” he told the House Judiciary Committee. “It would just make me feel a whole lot safer going out with my service dog.”

A service animal is defined by federal law as a dog that has been “individually trained to do work or perform tasks for an individual with a disability.” Emotional support animals are not considered service animals under the Americans with Disabilities Act, according to the U.S. Department of Justice, and the the North Dakota legislation only addresses service animals.

The bill was backed by Service Dogs for America based in Jud, N.D., which has placed more than 280 service dogs across the country since its founding in 1989. As of December, 22 states had “true bans” on fraudulently representing a pet as a service animal, according to testimony provided by the group’s executive director, Jenny Brodkorb.

Proponents faced questions about how the legislation would be enforced since businesses aren’t allowed to require proof of a service animal’s credentials or ask about a person’s disability. Brodkorb said the legislation would be enforceable and cited an example in which she filed a police report in Florida against someone living there who used the group’s logo to create a fake document verifying a dog’s “registration.”

No one opposed the bill during the hour-long hearing and the committee didn’t immediately vote on it.

https://www.jamestownsun.com/news/government-and-politics/4557670-north-dakota-legislators-eye-penalties-service-animal-fraud