Colorado House Bill 16-1308
Colorado's Fake Service Animal Law
Colorado was among the first states to criminalize the misrepresentation of a pet as a service animal. Understanding this law helps businesses recognize the legal weight behind enforcement — and why fraudulent pet owners face real consequences.
What the Law Says
Colorado House Bill 16-1308, signed into law in 2016, makes it a criminal offense to misrepresent an animal as a service animal in order to gain access to a public place or accommodation. The law specifically targets individuals who knowingly and fraudulently represent a pet or emotional support animal as a trained service animal.
The bill was introduced in direct response to the growing epidemic of fake service animal certifications being purchased online and used to bypass legitimate no-pet policies in retail stores, restaurants, hotels, and other public accommodations.
Key Provisions
Criminal Misdemeanor
Misrepresenting a pet or emotional support animal as a service animal is classified as a criminal misdemeanor under Colorado law. This means the offense goes on a person's criminal record — it is not simply a civil fine.
Monetary Fines
Individuals convicted under HB 16-1308 face fines of up to $500 per offense. Each separate incident of misrepresentation constitutes its own offense.
Community Service
In addition to or in lieu of fines, a court may order the convicted individual to complete community service hours, often with a disability-related organization.
Scope of Coverage
The law applies to all public accommodations in Colorado — including retail stores, restaurants, grocery stores, hotels, theaters, and any other establishment open to the general public.
Intent Requirement
The law requires that the misrepresentation be knowing and intentional. A person who genuinely but mistakenly believes their animal qualifies would not be prosecuted; the law targets deliberate fraud.
Legal Classification & Penalties
Under Colorado law, the intentional misrepresentation of a service animal or service-animal-in-training is classified as a petty offense. Rather than jail time, the state relies on a progressive financial penalty structure to deter violators.
First Offense
$25
A flat fine for a first-time citation.
Second Offense
$50 – $200
An escalating fine range for repeat violators.
Third or Subsequent Offense
$100 – $500
Maximum financial penalty for continued misrepresentation.
Legal Elements: What Must Be Proven to Charge Someone
For a dog owner to be formally charged or cited by law enforcement under C.R.S. § 18-13-107.7, three specific conditions must all be met:
Intentional Misrepresentation
The person must deliberately represent a pet as a service dog or a service-dog-in-training in order to obtain public access privileges or bypass store rules. Accidental or good-faith misunderstandings are not covered.
Prior Verbal or Written Warning
The individual cannot be fined on a first-time misunderstanding. They must have previously received an explicit verbal or written warning informing them that misrepresenting a service animal is illegal under Colorado state law.
Knowing Falsehood
It must be proven that the handler knew the animal in question did not possess specialized medical task-training. The law specifically targets deliberate fraud, not genuine confusion about what qualifies as a service animal.
Why This Matters for Your Business
Colorado's law is significant because it gives businesses a powerful legal backing when enforcing their non-pet policies. When a fraudulent pet owner attempts to use a fake certificate or vest to gain entry, your staff can confidently inform them that misrepresenting a pet as a service animal is a criminal offense in Colorado.
This shifts the dynamic entirely. Rather than your employee feeling like they are the one at legal risk for denying entry, the fraudulent pet owner is the one facing criminal liability. Knowing this law empowers your frontline staff to hold their ground without fear of a discrimination lawsuit.
Colorado is one of over 30 states that have enacted similar legislation. If your business operates in Colorado or a neighboring state, training your staff on these laws is one of the most effective tools available for protecting your store, your customers, and legitimate service dog teams.
The Broader Picture
Colorado's law did not emerge in a vacuum. It was a direct legislative response to the explosion of online "service animal registration" websites that sell fake vests, ID cards, and certificates for as little as $20. These sites have no legal standing, are not recognized by the Department of Justice, and exist solely to profit from disabled individuals' civil rights protections.
The real victims of this fraud are the disabled handlers who depend on their legitimate service dogs to navigate daily life. Every time a fraudulent pet causes an incident inside a store — biting a customer, attacking a real service dog, or contaminating a food preparation area — it erodes public trust and makes life harder for the people the ADA was designed to protect.
Laws like HB 16-1308 send a clear message: the ADA's protections exist for people with genuine disabilities, not for pet owners who find no-pet policies inconvenient.
Want to Train Your Staff on These Laws?
Our free 30-minute workshop covers Colorado's law, the ADA's two permitted questions, how to spot fake paperwork, and how to legally remove disruptive animals — all at no cost to your business.