Wisconsin bill would crack down on fake service dogs, loopholes for emotional support animals in rentals

A Republican-authored bill looks to crack down on Wisconsinites who falsely claim their pets as service animals.

Co-authored by Rep. Paul Tittl, R-Manitowoc, and Sen. Rachael Cabral-Guevara, R-Appleton, the legislation would prohibit a person from “intentionally misrepresenting that he or she is in possession of a service animal” in public spaces. Those who do could be fined $200 for their first violation and $500 for subsequent offences.

What to know about changes this bill would make and what rights legitimate service animals have.

Legislation would amend ‘service animal’ definition, update business signage to specify only ‘task-trained service animals are welcome’

Under current state law, a service animal is generally defined as a dog or other animal that is individually trained to do work or perform tasks for an individual with a disability.

This bill would change the state’s definition of a service animal to align with federal law. Currently, Wisconsin allows any animal that is trained to perform tasks for an individual with a disability to be considered a service animal. Under the Americans with Disabilities Act, only dogs and, in some cases, miniature horses are recognized as service animals.

In the bill’s cosponsorship memo, the authors said the proposal “strikes a balance between the rights of individuals with legitimate needs and the rights of property and business owners to maintain reasonable control.”

The legislation would require the state Department of Workforce Development to create an informational brochure to help businesses understand their rights related to services animals and would direct the agency to create new signage for businesses’ that specify only “task-trained service animals are welcome.”

State and federal law generally allow you to bring your service animal into any public space, including restaurants, stores and hospitals. But emotional support animals, which provide comfort with their presence and not by performing a specific task, don’t have those same protections.

Legislation would tighten up requirements for renters and buyers who have emotional support animals

Under current state law, an emotional support animal is defined as an animal that provides emotional support, well-being comfort or companionship to an individual, but that is not trained to perform tasks for an individual with a disability.

Unlike service animals, emotional support animals are not trained to perform specific tasks. State law does not restrict what types of animals can qualify as emotional support animals.

Landlords and condominium associations are allowed to ask for “reliable documentation” providing an individual’s need for an emotional support animal. The proposed legislation would take this a step further by allowing landlords to require a prescription for the animal from a licensed medical professional.

Additionally, the bill would create a $500 penalty for individuals who falsify a prescription and health care providers who write a prescription without the animal having at least a 30-day relationship with the patient.

More: What are the legal protections, qualifications for emotional support animals in Wisconsin?

The bill has support from a handful of organizations, including the Wisconsin Restaurant Association, the Wisconsin Housing Alliance and the Wisconsin Hotel and Lodging Association. A public hearing for the bill has been held, and it has yet to be scheduled to be taken up on the floor.

The rights of service animals, what businesses ask if it’s not obvious whether a service dog is legitimate

The ADA Act National Network defines service dogs as those specially trained to perform tasks for people with physical, intellectual or mental disabilities.

Advocates nationwide say fake service dogs take a bite out of real service dogs’ credibility and exacerbate the challenges that people with disabilities who rely on service animals already face.

More: ‘Doors are being shut’: Fake service dogs hurt real service animals’ credibility, advocates warn

About two-thirds of service dog users say the poorly trained or untrained dogs have negatively impacted their independence and quality of life, according to a 2022 survey conducted by Canine Companions. Nearly 93% of respondents to the Canine Companions survey said they had encountered “fake, questionable or uncontrolled service dogs,” while 79% reported uncontrolled dogs snapping at, biting or interfering with their service dogs.

Businesses are required to allow service animals onto their premises under Title III of the ADA, but it’s not always obvious whether a service dog is legitimate as service dogs aren’t required to complete a specific, national certification, according to the Department of Justice’s Civil Rights Division.

According to the U.S. Department of Justice, business owners can ask two questions:

• Whether the service animal is required because of a disability.

• What task or work the dog has been trained to perform.

Business owners cannot, however, demand documentation or ask that the dog demonstrate the task it was trained to perform.

Anna Kleiber can be reached at akleiber@gannett.com.

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin bill to crack down on fake service animals, ESAs in housing