Grace Mains, The Franklin Press Intern
As the town of Franklin begins to be more open to animals and service dogs, are they getting a little too comfy?
Recently, there have been reports of “service” animals disrupting the peace amongst transportation vehicles and restaurants in downtown Franklin. Service animals, according to the Americans with Disabilities Act or ADA, are allowed in any public setting with their handler.
Under the ADA, a service animal, or SA, is initially defined as any guide dog, signal dog or animal individually trained to provide assistance to a person with a disability. North Carolina law recognizes the ADA, but does not protect emotional support animals, also known as ESA. An ESA is for someone who suffers from anxiety, depression, or phobias.
Although an ESA can be trained for their specific owner, a service animal undergoes training to perform tasks or duties to help their handler in specific situations. Unlike a service dog, an ESA does not have to go through any type of training to help their handler. On the flip side, it can be hard for someone to tell if an animal is a service dog or an ESA without a vest or tag attached to the collar.
Handlers of service animals are not required to show any type of identification, nor are ESA owners. People might take advantage of this and display their animal as a service animal, when in reality it is only a pet.
Local stores and housing operations are kept to the same regulations and standards according to the ADA. Business owners are not allowed to ask someone with a service animal if they are registered; they must treat the animal as such.
For example, comfort/emotional support animals are not allowed in Walmart according to guidelines due to food safety concerns. But, under the ADA, they must allow service dogs to accompany their handlers.
If a patron were to come into a store and claim their pet is a service animal, business owners may have a hard time telling whether it truly is one. Storeowners cannot ask questions that are accusatory of the animal’s credentials.
The Macon County Transit Service has seen some questionable service animals as of late. After a call with their offices to clarify their policies, they reported that any service animal, cat contained in its carrier or well-behaved dog is allowed on their services. For an animal to be “well-behaved” it must be non-disruptive and easily controlled by its owner.
According to the ADA, it is illegal to act as if your pet is a service animal. In North Carolina, the misrepresentation of a service animal is a Class 3 misdemeanor (SL 2005-450, HB 686). Under federal law, offenders can serve 1 to 30 days of active, immediate or community punishment with the maximum punishment being 30 days in prison with a fine of $200 (HB 2588).
A service animal is a professionally trained dog that is always commanded by their handler, and in public areas, is able to contain themselves. Here are a few signs to look for when trying to identify a fake service animal: if the animal looks un-managed by its owner, if the animal relieves itself in an inappropriate way or if the animal displays unruly or aggressive behavior.
People are taking away the dignity and abilities given to service animals by misrepresenting their pets as such. If pet-owners continue to do this, ordinary privileges could be taken away from those who truly need a service animal.
To register a service animal, you can go to the Department of Health and Human Services.
To know whether your pet is permitted in specific areas call or visit a business’s website to learn of their animal policies.