Beginning August 1, 2018, a new law in Minnesota will criminally penalize people who lie about service animals. Under the law, it is a crime to knowingly misrepresent an animal as an assistance animal in a public place to obtain rights and privileges available to someone who qualifies for a service animal. Minn. Stat. § 609.833 (2018).
The new law replaces Minnesota’s somewhat “flexible” approach to service animals with the federal definition: “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals… the work or tasks performed by a service animal must directly related to the individual’s disability… the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.” Importantly, the law prohibits misrepresentation directly or indirectly through statements or conduct (such as putting a service vest on a non-service animal).
Although you remain welcome to call your pet Cockatoo an “emotional support animal,” this does not endow it, or the owner, with any special rights or privileges associated with its use as a service animal. Only a dog (or a miniature horse in a few special circumstances) can be a service animal and only after significant training and certification. 28 C.F.R. § 36.104 (2017).
Although first time violations will be charged as a petty misdemeanor (and subject to a $100.00 fine), subsequent violations can be charged as a misdemeanor punishable by a $1,000.00 fine and 90 days in jail. Additionally, if charged with a misdemeanor violation the court will order you to complete 30 hours of community service for an organization that serves individuals with disabilities. Minn. Stat. § 609.833 (2018).