[FLAGDU] [NFBF-Tampa] Animal Court Hearing in Tampa

[David]

Is Crystal Bay Café on Pierce or on Twiggs?

*David in Clearwater, FL*
*david at bakerinet.com*
On 10/21/2019 11:24 AM, Marion Gwizdala via NFBF-Tampa wrote:
>
> Dear NFB Family,
>
>                 On March 26, my guide dog, Trooper, was jumped by a 
> pair of off-leash dogs as we walked along the sidewalk at a 
> neighborhood park. The owner of the dogs removed them, put them on 
> leash, and then returned and allow his dogs to bark, lunge, and growl 
> at my dog. The full narrative of this incident is below my signature.
>
>                 On Wednesday, October 23 at 9:00 a.m. a final hearing 
> will be held on this case at 800 E. Twiggs Street in Courtroom 300. We 
> will meet at Crystal Bay Café prior to the hearing for breakfast at 
> 8:00 a.m. If you have any questions or comments, please feel free to 
> write to the list or give me a call. My contact information is below 
> my signature prior to my narrative.
>
> With warm regards,
>
> Marion Gwizdala
>
> Marion.Gwizdala at verizon.net <mailto:Marion.Gwizdala at verizon.net>
>
> (813) 626-2789
>
>                 My name is Marion Gwizdala. I reside at 1003 Papaya 
> Drive, Tampa, Florida 33619. I am blind and use a guide dog for 
> travel. My guide dog is a 2-1/2-year-old Blue Merle Smooth Coat Collie 
> trained by Freedom Guide Dogs in Cassville, New York.
>
>                 On Tuesday, March 26, 2019 at approximately 4:20 p.m., 
> I was walking along the sidewalk adjoining Winston Park on Destin Road 
> with my harnessed guide dog. As we walked along the sidewalk, I heard 
> what seemed to be two dogs running toward us barking and male and 
> female voices calling out to them. The two dogs ran up to my guide dog 
> and began barking and snarling in his face. I yelled to the voices 
> calling the dog to get their dogs under control. When the male grabb 
> the dogs, I told him, “Please get your dogs away from my guide dog!” I 
> then told him, “Your dogs need to be on a leash!” He replied they did 
> not need to be on a leash because they were in a public park. I again 
> reiterated that his dogs need to be on a leash and he told me I didn’t 
> know what I was talking about. He took his dogs away and I continued 
> walking along the sidewalk.
>
>                 About two minutes later, the man returned with his 
> dogs on a leash and said, “Now my dogs are on a leash. What are you 
> goind to do about it, blind man?” His dogs continued to bark and lunge 
> at my guide dog and my dog took a defensive posture. I did my best to 
> control my dog but his dogs continued barking and lunging at my dog. 
> The man laughed and said, “That’s really some trained guide dog! You 
> don’t have him under very good control, blind man!” I asked him to get 
> his dogs away from my dog and he laughed at me again, attempting to 
> taunt me again with the “blind man” phrase and stating his dogs were 
> on a leash so there was nothing I could do about it! I told him once 
> again to get his dogs away from us or I would call the police. He 
> said, “What are they going to do, blind man?”
>
>                 Feeling threatened by his demeanor, I called 9-1-1 and 
> asked a deputy be dispatched immediately. A deputy happened to be in 
> the park and arrived in less than five minutes. I asked the deputy if 
> there was a man and woman with two dogs in the park and he stated 
> there was. I told him what happened and advised the deputy that there 
> was a Florida statute – 413.081 – which provided for criminal 
> penalties to any person or the animal under a person’s control to 
> distract, harass, attack,  or otherwise interfere with a working 
> service animal. The deputy walked away from me refusing to listen to 
> what I was saying. He turned to me and said, “I have been doing this 
> for more than twenty years; don’t tell me how to do my job!”
>
> The deputy went to talk to the man. The man admitted his dogs were 
> off-leash and I overheard him telling the deputy I was “letting my dog 
> play with his dogs”.
>
> When the deputy returned to where I was, I again attempted to give him 
> the statute number and he refused to listen to what I was saying. He 
> told me this was not under his jurisdiction, I would need to contact 
> animal control, and walked away from me again. I called dispatch and 
> asked to speak to someone in the district office, telling them what 
> the deputy was stating and my frustration with the lack of courtesy. I 
> was told another deputy was being dispatched, since the deputy present 
> was a community resource officer.
>
> About five minutes later, Deputy Doerr arrived and I advised him of 
> the incident and my frustration that law enforcement repeatedly 
> discounts these incidents, refers them to animal control, and animal 
> control tells us they are unable to enforce the criminal statutes, 
> referring us to law enforcement. Deputy Doerr asked for the statute 
> number and returned to his vehicle to research it.
>
> When Deputy Doerr returned, he stated that there was indeed a statute 
> but it required that the person act with reckless disregard which he 
> stated meant the person had to intentionally and recklessly do 
> something to put one’s safety at risk. I asked him if intentionally 
> allowing his dogs to menacingly bark, snarl, and jump at my dog in a 
> manner that distracted him from his work to defend himself put us at 
> risk and Deputy Doerr said it did not!
>
>
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