Service Dog FraudMalibu businesses are facing a puppy problem as patrons continuously commit service dog fraud, bringing untrained Fidos into restaurants and bars.
Due to the Americans with Disabilities Act (ADA), those with service dogs are entitled to bring them places without presenting documentation of their disability. The flipside of this is that people without disabilities can bring their dogs to places and expect not to be questioned.
Kaya Ramos, manager of three Malibu Restaurants including Ollo, Bui Sushi, and Ollie’s Duck and Dive, says he handles service dog fraud daily. “Going to the bathroom in the restaurant has happened before,†Ramos said. “We’ve had dogs bite servers before, dogs fighting with other dogs, which in turn usually causes conflict between the owners or management and the owners of the dogs.â€
According to California Penal Code 365.7, service dog fraud is “knowingly and fraudulently representing yourself, verbally or in writing, to be the owner or trainer of a Service dog.†If a customer lies about their dog, they are committing a misdemeanor fraud punishable by up to six months in jail and/or a $1,000 fine.
Meanwhile, if a restaurant employee confronts the owner of a service animal they believe to be fake they are subject to a $2,500 dollar fine if the animal is in fact genuine. Because of this, most restaurants will not push beyond “Is that a service animal?†although the law does allow one more follow-up question, “What service does it provide?â€
Malibu’s Marmalade Cafe sees many fake service animals. “I know that 90 percent of people lie to me because their dogs will be barking and on the chairs, sitting on their lap, and licking our plates,†said General Manager Laura Lee Seimears.
Despite popular opinion, service dog fraud is not a victimless crime, service dog owner Christin Karr said.
“It’s very frustrating and it’s actually a danger to my dog because oftentimes people will have their [fake] service dog in public and it’s aggressive,†Karr said. “My dog is not replaceable. That’s a minimum of a year-and-a-half of training.â€
Service animal vests are freely available for purchase on Amazon with no documentation required, making it easier than ever to commit service animal fraud. Christin Karr with her Service Dog, Ralfie |
 According to its manager, Malibu’s Marmalade Cafe sees many fake service animals. “People will just slap a service dog vest on their dog and call it a service dog and it’s like that’s not fair because it creates problems for those of us who actually need the service dogs,†Karr said. “We are questioned constantly and they give us a bad reputation.â€
Karr’s service dog, Ralfie, is expected to follow specific protocol in public, according to his training.
“He’s invisible,†Karr said. “He’s a fly on the wall. He doesn’t move. He doesn’t sniff around. He shouldn’t be looking at things. His only focus should be me.â€
When in restaurants, the protocol is similar.
“They have to be on the floor off of the tables,†Ramos said. “They technically are supposed to be working animals. They’re not supposed to be fed or eat while they’re at the restaurant. They’re supposed to be helping people.â€
It is very obvious when someone lies about their dog,†Seimers said. “Service dogs are trained not to bark or beg. When a dog misbehaves even a little, it gives itself away.â€
Editor’s Note: Ms. Brister, a graduating student at Pepperdine last May, wrote this as an intern for the Messenger Mountain News when the COVID-19 pandemic changed our lives. Consequently, it was never published when MMN suspended publication. While restaurants and bars are closed for the most part, that setting does not apply, but service dog fraud remains a reality. It seemed appropriate to publish it in our Dog Days of Summer theme. Brister is safely ensconced in Texas with her grandmother where they are, like us, riding out the pandemic. We thank her for her contribution.  | | | | | | | | | | | | | | |
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