Growing Public Concern Over Misuse of Service Animal Laws

A recent social media post by Deva Hazarika has ignited discussion regarding the increasing presence of animals in public spaces and the perceived misuse of service animal regulations. Hazarika's tweet, widely shared, highlighted a growing sentiment of "alienation" among the public due to what some perceive as an abuse of service animal laws, particularly concerning dogs in grocery stores, restaurants, and on planes.

"I’ve been saying this for a while, but seeing others on board more and more. It’s mostly the dogs at grocery stores, at restaurants, on planes, etc. Dogs are great, but dog owners treating dogs like children and so many abusing service dog laws are alienating a lot of people," Hazarika stated in the tweet.

Under federal law, specifically the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or in some cases, a miniature horse) individually trained to perform tasks for the benefit of an individual with a disability. These tasks must be directly related to the person's disability, such as guiding the visually impaired, alerting the deaf, or providing seizure alert. Service animals are granted broad public access rights to most places where the public is allowed, including restaurants, shops, and hospitals.

In contrast, Emotional Support Animals (ESAs) provide comfort or emotional support but are not trained to perform specific tasks. Unlike service animals, ESAs do not have the same public access rights under the ADA. While they may be permitted in housing as a reasonable accommodation under the Fair Housing Act, businesses and public transportation, such as airlines, are generally not required to accommodate them.

The distinction is crucial, as misrepresenting a pet as a service animal is illegal in many states and can carry penalties including fines and even jail time. This practice undermines the credibility of legitimate service animals and creates significant challenges for individuals with disabilities who rely on their trained partners. The rising number of untrained animals in public venues, often falsely presented as service animals, contributes to public confusion and frustration.

The ongoing debate reflects a societal tension between accommodating individuals with legitimate needs and preventing the exploitation of laws designed to protect them. As Hazarika's tweet suggests, the issue is not with the animals themselves, but with the perceived disregard for established regulations, leading to a broader sense of unease in shared public environments.