[nagdu] Police lacking education & tact

Bunny Davidson bunnydavidson at live.com
Fri Jan 16 15:24:57 UTC 2009


Hi All,
 
A couple months ago i had an experience in where i went to eat at a little coffee shop (breakfast)
In a small rural Mass. town... as i entered the restarant (a seat your self place) I was stoped at the door
by an old lady waitress who told me the board of heatlh forbid dogs in restarants.
 
I kindly informed here service dogs to the disabled are exempt, and if she wanted to learn the laws she could 
go to doj/ada website - she said that maybe so but our health inspecter will shut us down if you bring your dog in here.
 
so i gave her a biz card size paper i had printed out the ada basics with the 800# for ada at doj, and the web address on back.
she said anyone could type this up... (infering I made it all up!)
 
I said excuse me mam, but its a civil rights violation to forbid a disabled person from entering stores, restarants or any public place.  
i am here to eat breakfast, please excuse us.  i walked around her and sat at a table along the back wall.
 
eventually another waitress came over to clear a nearby table, i told her I would like breakfast please.  she begrudgingly took my order.
when my coffee and eggs arrived so did a cop, who sat accross my table without asking permission and proceeded to show his complete ignorance of 
the ADA, I tried to explain to him what the law allowed and that the info was on the goverment website, he told me the town had health regulations forbidding 
dogs in placees where food was served... I asked for the name of the police chief, he said chief walker, I asked for his name, he said chief walker!!! LOL (not funny at the time)
So then chief walker proceeded to ask me for certification proof of my service dog, I expleained there is no such requirement nor federal standard to certify a SD...
I mentioned how there are many folks with various disabilities who all have dogs taught specificly to assit their unique set of needs, so a general test wouldnt really make sense.
I explained the law did mention that as long as the dog doesnt attack anyone, bark disturbingly (like in a movie et) or bite someone whe dogs were permitted.
 
So he then told me i needed to show him proof my dog was licensed.  (i said she was, but i didnt have her in the collar it was attatched to -she was in harness) he asked me for my ID.
I thought that was pretty SS (what is this marshall law?).  I did show my DL... then he asked for proof of rabies (you get the picture)... and of course the rabies tag was on the reg. collar at home with license.
He seemed like he was going to give me some kind of ticket or charge me with something , I said- look, if you are so concerend of my dogs liscence/rabies et, please call our town clerk's office and ask her
to verify my dog is legally licensed and vacinated?  I wrote down her name and handed it to him.  I also took out another of those little papers with the ADA # & URL on it and encouraged him to lookinto the laws.
He said that mass. laws would trump the ada law and he wasnt interested.  I then told him he could be putting himself and the entire police dept and town offices in jeapardy of  civil rights violation chargess and fines  for not abiding by the civil rights provisions of the fed law, I also told him the ADA law specifies that in the case of state or local law/vs the FED ADA granting different access or allowances that the Laws giving the disabled the most benifit were the ones to govern a situation.  He insisted that his state laws were soveregn... that i was misinformed!  I asked if  he had ever read the americans with disabilities act, he said no. (then how can he claim he knows what is the law!)
 
I got his fax number and email and told him i would like to forward him copy of the ada laws regarding service animals in places of buisness et...
 
---All this INTERROGATION style INFRINGEMENT ON MY RIGHT TO PEACEFULLY EAT MY MEAL---gave me lumps in my stomach and at times i felt like i would throw up or cry, but i didnt let on and tried to be strong.  I didnt want to let him win.  I was not going to be pushed out of the place without doing what i came to do, peacefully and solitarily eat my eggs!
 
finally the Police chief got up and went to sit at the counter.  the old bag waitress came right over (im sure to get the scoop)  I paid and left.
 
I went home and sent the guy the laws, he actually wrote back and said thank you.  I asked if he could please make copies to give to the rest off his dept.  he said ok.
 
he never apologised for the harrasment, but then thinking he might would be like believing santa clause was real ...
 
 
--------------------OKay, so why write all this ? 
Because i think that no matter where we go with our dogs, 
there is always a chance that we will meet up with someone who is clueless and in legal authority .
 
I know education of the laws that protect us is Primary but that 
The townships, counties and state police are often in the dark about our rights.  
-Most disabled know the laws way better than the shop owners or police... 
 
It is wrong that ADA education is not provided to law enforcement , 
but their ignorance need not rob us of our dignity or mobility- 
provided we stay calm and speak our wisdom respectfully ,
I think, if we can, make the initial confruntation into an oportunity to offer them copies of the ADA , FHA or whatever applies... 
We can get their contact info and send the laws to them, ask them to read and distribute to their offices/depts... 
I also think a letter to the editor of any local paper informing of the incident and the actions we took to provide education, 
explaining the need for the public and the authorities to learn the rights of the disabled, and to demystify the way we disabled live our lives... 
Let them know we are just regular folks who want and pursue the same things in our lives as everyone else, and that no one has the right to try to stop our pursuits.  
 
I also think that in Linda's case her follow up was quite appropriate, and that going further maybe a good idea.  
 
Bunny
 
Bunny  
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