“Today, any pet owner can go online and buy a vest for a dog to pass it off as a service animal to gain access to restaurants, hotels and places of business,” said Republican state Rep. Kimberly Ferguson, who introduced the Massachusetts bill. “Their animals aren’t trained and end up misbehaving in these public places, which gives real service dogs a bad name.”
Last month, Minnesota Gov. Mark Dayton, a Democrat, signed into law a bill making it illegal for people to misrepresent their pets as service animals, under which pet-loving perps are subject to a $100 fine and a misdemeanor charge. Arizona Gov. Doug Ducey, a Republican, signed a nearly identical bill, under which those “fraudulently misrepresent” service animal can be fined $250.
The U.S. Department of Transportation (DOT or Department) is seeking comment on amending its Air Carrier Access Act (ACAA) regulation on transportation of service animals. The Department has heard from the transportation industry, as well as individuals with disabilities, that the current ACAA regulation could be improved to ensure nondiscriminatory access for individuals with disabilities, while simultaneously preventing instances of fraud and ensuring consistency with other Federal regulations.
According to Airlines For America — a trade group that represents major US airlines including American, United, JetBlue, Southwest, and Alaska — the number of emotional-support animals, or ESAs, traveling aboard commercial flights jumped 74%, from 481,000 in 2016 to 751,000 in 2017.
The Department of Transportation’s declaration that miniature horses should be prioritized as service animals has raised many questions.