South Dakota has a new law aimed at curbing mistaking pets for service animals, with violators facing fines of up to $500, jail time or both.
The legislation, which took effect in July, makes false claims of an act a Class 2 misdemeanor. pet A service animal that is trained to enter a business or other public place. The measure is designed to protect people who rely on legal service animals and reduce the safety risks posed by untrained pets in public places.
What does the new law say?
By law, people cannot falsely describe pets as service animals Obtain rights or access reserved for persons with disabilities and their trained service animals.
Those found in violation may face up to 30 days in jail, a $500 fine, or both.
Under official legislation, the law applies to businesses and public spaces, but not to housing, where federal laws governing assistance animals continue to apply.
The legislation also makes clear that emotional support animals are not considered service animals under the state’s regulations.
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Why was this law introduced?
South Dakota Sen. Taffy Howard, the sponsor of the legislation, told The Dakota News that false claims that pets are service animals have become a growing concern.
“Don’t claim another pet or another animal that hasn’t been trained to be a service animal,” Howard said. “You can’t claim that in order to get certain rights and privileges, and we all know that happens,” she added.
Howard also said the law gives businesses more confidence to ask legally allowed questions when someone comes in with a service animal.
She noted that housing was excluded from the legislation because federal law governs that area. “That doesn’t apply to housing. Legally, we can’t do that. It’s federal law,” she said.
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Why do advocates support this change?
Supporters of the legislation say counterfeit service animals could pose safety risks to people who rely on trained service dogs.
Eleanor Russell, co-founder of the nonprofit South Dakota Service Dogs, told The Dakota News that untrained animals could interfere with legitimate service dog teams.
“Untrained animals in public places put legitimate service dog teams at risk,” Russell said. “They create unsafe conditions and undermine public trust.”
The law is now in effect nationwide south dakota.
State officials hope the measure will deter people from mistakenly identifying pets as service animals while also strengthening protections for individuals who rely on specially trained service dogs in public places.
Under federal law, businesses can ask limited questions to determine whether an animal is a service animal, but generally cannot require documentation or certification before allowing a trained service dog to accompany its handler.
