South Dakota has introduced a new law aimed at curbing the misrepresentation of pets as service animals, with violators facing fines of up to $500, jail time or both.
The legislation, which took effect in July, makes it a Class 2 misdemeanor to falsely claim that a pet is a trained service animal to gain access to businesses or other public accommodations. The measure is intended to protect people who rely on legitimate service animals and reduce safety risks caused by untrained pets in public spaces.
What does the new law say?
Under the law, people cannot falsely represent a pet as a service animal to obtain rights or access reserved for individuals with disabilities and their trained service animals.
Those found in violation could face up to 30 days in jail, a $500 fine, or both.
According to the official legislation, the law applies to businesses and public accommodations but does not extend 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 provisions.
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Why was the law introduced?
Speaking to Dakota News Now, South Dakota State Senator Taffy Howard, who sponsored the legislation, said falsely claiming pets as service animals had become an increasing concern.
“Do not claim another pet or some other animal that is not trained as a service animal,” Howard said. She added: “You can’t claim that in order to obtain certain rights and privileges, which we all know happens.”
Howard also said the law gives businesses greater confidence to ask legally permitted questions when someone enters with a service animal.
She noted that housing was excluded from the legislation because federal law governs that area. “This does not apply to housing. And legally, we just were not able to. That’s federal law,” she said.
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Why do advocates support the change?
Supporters of the legislation say fake service animals can create safety concerns for people who depend on trained service dogs.
Eleanor Russell, co-founder of the nonprofit South Dakota Service Dogs, told Dakota News Now that untrained animals can interfere with legitimate service dog teams.
“Untrained animals in public spaces put legitimate service dog teams at risk,” Russell said. “They create unsafe situations and undermine public trust.”
The law is now in effect across South Dakota.
State officials hope the measure will discourage people from falsely identifying pets as service animals while reinforcing protections for individuals who rely on specially trained service dogs in public spaces.
Under federal law, businesses may 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.
