28 CFR § 36.302(c)(6) https://www.law.cornell.edu/cfr/text/28/36.302
> Investigation of fraud. A public accommodation may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently.
I don't know if there are any remedies available beyond civil tort and contract money damages, nor what the applicable criminal statute would be, if any. Seems like a complex area of law, but from reading bits of legal commentary dredged up with Google I get the impression that the government is deliberately erring on the side of reducing friction for the legitimately disabled and are well aware of the unintended consequence of increased fraud.
I have a service animal, and honestly it's emotionally exhausting to have random people start yelling at you. Even when I drop everyone to go digging through my phone for documentation, half the time they kick us out anyway.
It's a weird experience when your well trained service animal is kicked out of a NYC McDonald's that has people openly shooting up in the bathroom. Like, which of these is the bigger public health issue.
For those with poorly trained animals, or people just pretending, we do need a better system though.
Or maybe they don't want to defend their right to a service animal to every single person that asks and thinks their animal is fake? This strategy might unveil some fakers, but it is also incredibly derisive to those with these animals to be lumped into the same group as fakers.
at the moment anyone can start up a certification business. its like being ordained.
This isn't true, by the way. Businesses aren't allowed to verify the legitimacy of a service animal because that's seen as discrimination, which is most of the problem in itself as it allows any random person to buy a $10 vest from Amazon and use it as a "bring animal everywhere free" card.
But there's nothing prohibiting random people like you or me from questioning the legitimacy of a service animal, and if someone gets super defensive about that question, odds are good that it is indeed a fake service animal.