[nagdu] Access denied- in the news

[Angie Matney]

Hi Marion,

Actually, here's the Virginia statute. I would argue that denying access is interfering with the dog's duties. I don't know that I'd win such an argument, but it's the one I'd make. This, as you see, is punishable as a class 3 misdemeanor.

§ 3.2-6588. Intentional interference with a guide or leader dog; penalty

A. It is unlawful for a person to, without just cause, willfully impede or interfere with the duties performed by a dog if the person knows or has reason
to believe the dog is a guide or leader dog. A violation of this subsection is a Class 3 misdemeanor.

B. It is unlawful for a person to, without just cause, willfully injure a dog if the person knows or has reason to believe the dog is a guide or leader
dog. A violation of this subsection is a Class 1 misdemeanor.

"Guide or leader dog" means a dog that: (i) serves as a dog guide for a blind person as defined in § 51.5-60 or for a person with a visual disability; (ii) serves as a listener for a deaf or hard-of-hearing person as defined in § 51.5-111; or (iii) 
provides support or assistance for a physically disabled or handicapped person.

On Sat, 28 Feb 2009 10:35:35 -0500, Marion & Martin wrote:

>Ron,
>    All states have laws enforceable by local law enforcement. 
>Unfortunately, the remedies are inconsistent. In some states, such as 
>Florida, Georgia, Illinois, Ohio, and Michigan, to name a few, there are 
>criminal remedies (second degree misdemeanors). In others, such as Virginia, 
>New York, Maryland, Wisconsin, and new Jersey, the remedies are civil. NAGDU 
>would like to have all states impose criminal remedies and is helping to 
>write a resolution for the 2009 convention creating this initiative.
>    Unfortunately, many law enforcement officers are ignorant of state 
>statutes, believing that the only remedies are Federal civil ones. Part of 
>our responsibility is to be better informed, educate law enforcement, and 
>advocate on behalf of those whom are discriminated against.

>Fraternally,
>Marion Gwizdala