Using a fake document to deceive people into allowing your dog into a store, whether or not the dog is actually a service dog, constitutes fraud. The key elements here are:

 

1. **Deception**: Using a fake document to misrepresent your dog's status.

2. **Misrepresentation**: Claiming that your dog has a certification or status that it does not actually have.

3. **Potential Impact**: The use of such documents could unfairly influence store policies.

 

If the fake document is used to obtain access or privileges under false pretenses, it could be considered fraud, as it involves misleading others. It also contributes to confusion among people, including police, who might mistakenly believe in the legitimacy of the document or ID card verifying whether a dog is a service dog. People flashing fake documents and IDs claiming their dogs are certified service dogs has led to many incidents, like what happened at Whataburger. This phenomenon of fake versus real service dog credentials—often termed the "service dog credentials fraud crisis"—involves the widespread issuance and acceptance of fake or fraudulent service dog documentation. This situation makes it challenging for businesses and individuals to distinguish between legitimate and counterfeit service dogs, leading to the misconception that those with fake documents are genuine service dogs, while those with real service dogs may be unfairly labeled as imposters. This not only undermines the integrity of service dog laws but also creates unfair barriers for individuals with genuine, legally recognized service animals. The Cortes vs. Whataburger case illustrates the flaws in the current system.

 

The new Texas law regarding service animals, effective January 1, 2024, is found in **Texas Penal Code, Title 1, Chapter 38, Section 38.123**.

 

**Misrepresentation of Service Animals**

 

(a) **Definition of Service Animal:** In this section, “service animal” means a dog that is trained to perform tasks for an individual with a disability.

 

(b) **Offense:** A person commits an offense if the person knowingly misrepresents an animal as a service animal.

 

(c) **Penalties:** An offense under this section is a Class C misdemeanor, which is punishable by a fine.

 

(d) **Enforcement:** This section applies to situations where a person falsely claims that their animal is a service animal to gain access to public places or other privileges.

 

This code aims to prevent pets being presented as service animals designation by imposing penalties for misrepresentation, ensuring that legitimate service animal users retain their rights and access to accommodations.

 

However, most officers do not understand the law or how to enforce it without violating ADA laws or the rights of individuals with legitimate service animals. This is because police are not required to understand are even know the law they are expected to enforcement.

 

No one can legally ask a person to prove that their dog is a service animal. Even if they could, there is no set standard for such proof. ADA laws strictly prevent making individuals demonstrate the tasks their dog performs or prove their disability. So how can the new laws address the service dog misrepresentation epidemic?

 

You must recognize that while you cannot investigate the legitimacy of the service dog itself, you can investigate the legitimacy of the ID or documentation. Presenting fake certification or an ID claiming a dog is a service dog can give an officer probable cause to investigate the authenticity of that documentation, not the service dog or disability. Since there is no official certification or national registry for service dogs, any attempt to present such documents might raise suspicion. Officers could investigate the validity of the ID or certification to determine if it is fraudulent.

 

To determine if a document is fraudulent: If the document or card states anywhere that the dog is a certified or registered service dog, then the person presenting the card is guilty under Texas Penal Code, Title 1, Chapter 38, Section 38.123, even if the dog is a legitimate service dog. This is because the card misrepresents the service dog as certified or registered, and no such certification or registration exists.

 

If law enforcement arrests and charges someone for the misrepresentation of a service animal, it does not imply that the service animal is not a service animal. That is not the issue at hand.

 

If people start hearing about or seeing arrests for having fake IDs and documents, they will be deterred from buying and using them. Most will also stop claiming their pets as service dogs due to fear of being arrested. To further deter such claims, local governments should consider implementing government-issued service dog permits.

 

**Proposal for Service Dog Permit System**

 

To streamline and standardize the use of service dogs across local jurisdictions, we propose creating a Service Dog Permit system. This system aims to ensure that individuals using service dogs have a legitimate need while protecting their privacy and simplifying compliance.

 

**System Overview:**

 

1. **Verification of Disability:**

   - Individuals seeking a permit will provide a letter from a licensed healthcare professional verifying their disability. This letter will confirm that the individual has a recognized disability without disclosing specific details about the condition.

 

2. **Swearing Under Oath of Service Dog Training:**

   - The individual will attest, under oath, that their service dog has been trained to perform tasks directly related to mitigating their disability and list the tasks. This ensures that the service dog is appropriately trained to assist the handler.

 

3. **Disclaimer Agreement:**

   - Applicants will sign a disclaimer affirming the accuracy of the provided information and their understanding of the permit’s terms.

 

**Disclaimer:**

 

By applying for and obtaining a Service Dog Permit, the undersigned affirms that:

1. They have provided a valid letter from a licensed healthcare provider confirming their disability.

2. Their service dog has been trained to perform specific tasks that assist with their disability.

3. They understand and agree to adhere to all regulations governing the use of service dogs within the jurisdiction.

 

This permit system is designed to respect the privacy of individuals with disabilities while ensuring that service dogs are properly trained and utilized for their intended purpose.

 

The county cannot require anyone to obtain this permit because that would violate ADA laws, but it could offer the benefit of making it illegal for ANY questions be asked once the permit is presented.

 

Arresting people for misrepresentation of service animals by presenting fake documents sold online and providing extra privacy protection for government permit holders could deter people from claiming pets as service dogs.

 

Additionally, requiring every business to take an ADA course that teaches they can only ask two questions: Is that a service animal and what task it performs, and that they cannot askANYTHING  if the permit is voluntarily shown. 

This could further improve compliance and understanding.

And prevent scenarios like Cortes Vs Whataburger.