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Loophole Allows Owners To Bring Pets Anywhere

Many Believed To Have Registered Untrained Pets As Companion Animals

POSTED: 3:26 pm PST November 20, 2009
UPDATED: 4:51 pm PST November 23, 2009

We all love our pets but some people are willing to break the law so they can take their dogs with them everywhere they go. 10News reporter Rachel Bianco investigated San Diego's canine companion controversy and how it threatens the rights of people who are truly disabled.

Sady the miniature daschund doesn't look like your typical service dog nor -- with her jumping and barking -- does she act like one, but when she wore a service dog vest and badge she had no trouble getting into North County restaurants.

Tami Michaels has a legitimate disability and a legitimate service dog. She said that when Fido is a fake it poses a real problem.

"A lot of them don't have the right temperament to be out in public," Michaels said. "So, when I go in with my dog to a grocery store or a restaurant, often times these kinds of dogs will lunge and growl and snap at my dog."

But snapping dogs aren't the only problem. "I've seen a lot more suspicion from people where they automatically assume you are trying to pull something over on them," Michaels added.

Lt. Dan DeSousa of the San Diego County Animal Shelter told 10News that California requires all service dogs wear a special tag, which can be obtained at your local animal shelter by filling out a form. The only problem, DeSousa said, is that there is no way to follow up on the answers.

DeSousa said that when someone applies for a service dog tag the only question they have to answer is if the animal is trained to perform a task for the person. There is no way to verify that what they're saying is true.

"Doctors notes and disablities, that's off limits to us," DeSousa said, "we can't ask about that, so we have to take people at their word."

So far this year, the county has issued the most service dog tags -- 43 -- to labradors. Chihuahuas came in second with 37 tags, beating golden retrievers which had 25.

Also curiously high on the list: yorkshire terriers, pit bulls, and pugs.

"There are people who want this tag just so they can take their dog wherever they want to, so they can take it into the stores, restaurants and things like that," said DeSousa.

"A lot of people really just don't see anyting wrong with it I guess," Michaels said. "They just really don't understand how much it hurts legitimate service dog teams."

Having a fake service animal is a misdemeanor fraud punishable by six months in jail or a $1,000 fine but the San Diego Sheriff's Department told 10News that it has never been enforced.

Right now it is simply too hard to tell whether the canine is a con.

The U.S. Justice Department is currently looking to tighten the rules for service animals. The new guidelines under review would exclude reptiles, amphibians, rodents, farm animals, ferrets and rabbits. A final decision is expected by the end of the year.
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