[nagdu] Service Dog prompts legal review

[Ginger Kutsch]

Service dog request in Porterville prompts legal review
Case: Offense, if proved, is a misdemeanor.
February 20, 2009 - 6:07 PM
By SABRINA ZIEGLER 
FOR THE PORTERVILLE RECORDER
http://www.recorderonline.com/news/dog_40254___article.html/servi
ce_porterville.html
A Porterville man with a cardiac condition alleges he was asked
not to bring his service dog with him the next time he visits his
dentist's office.
 
A report has been filed with the Porterville Police Department
and is pending a review by the District Attorney's Office. The
offense, if proved, is a misdemeanor.
 
Officials from Americare Dental, 131 E. Mill Ave., declined
comment.
 
Alan Elford, 44, said on one of his last trips to the dental
office, a receptionist asked him not to bring his
Chihuahua-dioxin mix in when he comes back for his next scheduled
appointment.
 
Elford said his dog, Honey, is a licensed service dog. As such,
he said the request constitutes a violation of state law.
 
California Penal Code Section 365.5 states that a disabled person
and his or her specially trained guide dog, signal dog or service
dog shall not be denied admittance to areas that are accessible
to the general public because of that guide dog, signal dog or
service dog.
 
The law defines a guide dog as a canine with specialized training
or one that meets the criteria outlined in the Americans with
Disabilities Act of 1990. A seeing eye dog would fall into this
category.
 
State law defines a signal dog as one trained to alert a deaf
person, or a person whose hearing is impaired, to intruders or
sounds. A service dog, the most general of the three categories
of state-recognized canine helpers, is defined as one
individually trained to do work or perform tasks for the benefit
of someone with a disability.
 
The scope of "work" and "tasks" is broad.
 
Elford said he has a cardiac condition. He told police that Honey
helps keep him calm to prevent a heart-related incident from
occurring. A police report on the incident lists Elford's
occupation as disabled.
 
A report on file at the Police Department details the
allegations.
 
The case began on Jan. 21 at a scheduled appointment at Americare
Dental. Elford said he was referred to an oral surgeon for
further treatment, and was told by the receptionist that he could
not bring Honey to future appointments.
 
The next day the receptionist, Judy Ceballos, confirmed to police
that she told Elford he could not return with his dog. She said
she was told to do so by her supervisor, Jessica Negrete.
 
Police spoke to Negrete during a Jan. 23 telephone call.
 
Negrete said Elford was not refused service due to his service
dog and that he was referred to an oral surgeon for further
treatment. She said Elford had been seen several times prior to
the Jan. 21 appointment and that Honey was allowed to accompany
him during treatment.
 
She eventually admitted that the dentist, Dr. Cameron Torabi,
told her that assistance dogs are for blind people and that
Elford needed to be told he could not return to the office with
his dog.
 
"The instruction was relayed from the dentist to an employee, and
then to [the receptionist]," Porterville police Sgt. Larry
Rodriguez said. "It sounds like the receptionist is being caught
in the middle."
 
When the report was filed, police tried to talk to Torabi.
There's nothing in the police report to indicate they were able
to do so.
 
Elford said he is used to facing minor problems in public places
over bringing his dog along, and has taken precautions to avoid
confrontations, especially at restaurants.
 
"She's very small. Her hair does not contaminate anything. I
carry toothbrushes, rubber gloves in plastic bags in case she has
any accidents, carpet cleaner, rags, eye drops," he said. "My dog
is probably cleaner than the majority of patients. She has a
health certificate on file. She's state registered, she's city
registered, she's county registered."
 
Officials at Tulare County Animal Control confirmed that Honey is
registered to Elford as a service dog. She wears a tag which
identifies her as a California assistance dog.
 
Elford said he's not pressing his case for money.
 
"If they want to get paid by the state, they need to follow state
law, and if they want to keep their DEA, they need to follow
federal laws," he said. "I don't want to be the joke that makes
money by making a lawsuit. I just don't want this happening to
other people."
 
Ralph Kaelble, supervising attorney at the District Attorney's
Office in Portervile, said the case is pending review.
 
-- Glen Faison contributed to this report. Contact The Recorder
newsroom at 784-5000, Ext. 1043.
 
 

 


Ginger Bennett Kutsch
Morristown, NJ