[nagdu] update on Minnesota Guide Dog Attack
Albert J Rizzi
albert at myblindspot.org
Mon Nov 9 15:44:03 UTC 2009
Marion,
I would like to post such statutes on my web site, would you please direct
me to a link I could post at myblindspot.org to alert others to legislation
state by state?
Albert J. Rizzi, M.Ed.
CEO/Founder
My Blind Spot, Inc.
90 Broad Street - 18th Fl.
New York, New York 10004
www.myblindspot.org
PH: 917-553-0347
Fax: 212-858-5759
"The person who says it cannot be done, shouldn't interrupt the one who is
doing it."
-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Marion & Martin
Sent: Monday, November 09, 2009 7:54 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] update on Minnesota Guide Dog Attack
Steve,
Though Minnesota has some minimal protections, they are not as well
defined as Wisconsin's laws. This is one of the things we are hoping to
accomplish through this incident. Fortunately for Ms. Lijewski and her guide
dog, Brook was not injured. The unfortunate aspect of the Minnesota law is
that the law only protect service animals if they are injured. This criminal
proceeding is being taken, I assume, by a very creative, progressive
prosecutor. We (NAGDU & NFB) are interested in helping create such a statute
in Minnesota as we have in several other states.
Fraternally yours,
Marion
----- Original Message -----
From: "Steve Johnson" <stevencjohnson at centurytel.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users"
<nagdu at nfbnet.org>
Sent: Sunday, November 08, 2009 7:29 AM
Subject: Re: [nagdu] update on Minnesota Guide Dog Attack
> Good morning,
>
> Does Minnesota have any laws in place that protect service animals?
> Wisconsin does, please read on...it might be worth advocating this level
> of change.
>
> Steve & Misha
>
> 06Lb8[1].pdf
> 2
> Legislative Briefs
> from the Legislative Reference Bureau
> 12
> Legislative Brief 06?8 June 2006
> SERVICE ANIMALS
> 2005 Wisconsin Acts 353 and 354, passed
> by the legislature and signed by Governor Jim
> Doyle on May 2, 2006, both concern the treatment
> of service animals and their owners in
> Wisconsin. Act 353 makes it a crime to harass
> a service dog and provides penalties. Act 354
> amends the Wisconsin public accommodations
> law to conform to the federal Americans
> with Disabilities Act and provide for the full
> and equal enjoyment of places of public
> accommodation by persons using or training
> service animals.
> 2005 WISCONSIN ACT 353
> Act 353 was introduced as 2005 Senate Bill
> 181 by Senator Fred Risser and cosponsored
> by Representative Terese Berceau. It is known
> as "Casey's Law" in recognition of the unfortunate
> experience of a service dog and her
> owner. Casey, a boxer who assisted a woman
> with impaired vision, was attacked by loose
> dogs three separate times during a walk. Her
> owner had no legal recourse to keep dogs from
> interfering with Casey's work.
> Act 353, Casey's Law, creates new crimes
> related to the harassment of service dogs and
> requires a person convicted of harassing a service
> dog to pay restitution for any pecuniary
> loss, as defined in the act, suffered as a result of
> the crime. The act defines a "service dog" as a
> dog that is trained for the purpose of assisting
> a person with a sensory, mental, or physical
> disability or accommodating such a disability
> (Section 951.01 (5), Wisconsin Statutes).
> The new law allows any person to provide
> notice to another person that his or her behavior
> is interfering with the use of a service dog
> notice may be given in any manner. After
> receiving that notice and request, a person
> may not recklessly or intentionally interfere
> with the use of the service dog by obstructing
> or intimidating the dog or otherwise jeopardizing
> the safety of the dog or its user. In addition,
> the act prohibits recklessly or intentionally
> allowing one's dog to interfere with the
> use of a service dog. Recklessly interfering is
> a Class B misdemeanor, which is punishable
> by a fine of $1,000 or imprisonment for 90 days
> or both. Intentionally interfering is a Class A
> misdemeanor, which is punishable by a maximum
> fine of $10,000 or imprisonment for 9
> months or both. If a person recklessly injures
> a service dog or recklessly allows his or her
> dog to injure a service dog, he or she is also
> guilty of a Class A misdemeanor.
> Under the act, a person who intentionally
> injures a service dog or intentionally allows his
> or her dog to injure a service dog is guilty of a
> Class I felony, which is punishable by a fine of
> $10,000 or a sentence of imprisonment and
> extended supervision for 3.5 years or both.
> Recklessly causing the death of a service dog is
> also a Class I felony.
> Finally, the act makes it a Class H felony to
> intentionally cause the death of a service dog,
> which is punishable by a fine of $10,000 or
> imprisonment and extended supervision for 6
> years or both. A person who unlawfully takes
> possession of or exerts control over a service
> dog with the intent to deprive someone of the
> use of the dog is also guilty of a Class H felony.
> In addition to imposing criminal penalties,
> Act 353 directs a sentencing court to
> require a violator to pay restitution for any
> and to request that the behavior stop. The pecuniary loss suffered as a
> result of the crime.
> Reference Desk: (608) 2660341
> Prepared by Lauren Jackson, Legislative Analyst
> Web Site: www.legis.state.wi.us/lrb
> ? 2 ?
> LB?06?8
> The act defines "pecuniary loss" to mean any
> of the following:
> ?
> all special damages, including the loss resulting from property taken,
> destroyed, broken, or otherwise harmed and outofpocket losses such as
> medical expenses;
>
> ?
> reasonable outofpocket expenses resulting from the filing of charges or
> cooperating in the investigation and prosecution of an offense;
> ?
> expenses in keeping any animal involved in the crime;
> ?
> the value of a replacement animal, the cost of training a replacement
> animal, or the cost of retraining the affected animal;
> ?
> all related veterinary and care expenses; and
> ?
> the medical expenses of the animal's user, the cost of training the user,
> and compensation for income lost by the user.
> 2005 WISCONSIN ACT 354
> Act 354 was introduced as 2005 Senate Bill
> 157 by Senator Mark Miller. Act 354 conforms
> the state public accommodations law to the
> federal Americans with Disabilities Act by
> providing for equal access to a public accommodation
> by a person with a disability who is
> accompanied by a service animal. A "service
> animal" is defined in the act as a guide dog,
> signal dog, or other animal that is individually
> trained or being trained to do work or perform
> tasks for the benefit of a person with a disability.
> Public accommodations are places such as
> lodging establishments, restaurants, and other
> places of business or recreation.
> Previous law prohibited a public accommodation
> from refusing to permit entrance
> into, or use of, the accommodation by a person
> with a disability who is accompanied by a specially
> trained dog or by a trainer of such a dog
> if the dog is wearing a harness or leash and
> special cape, and if the person presents credentials
> issued by a school for training dogs. Act
> 354, in addition, prohibits a public accommodation
> from otherwise denying the full and
> equal enjoyment of the accommodation to a
> person with a disability or to a service animal
> trainer because he or she is accompanied by a
> service animal, charging a higher price for the
> enjoyment of the accommodation, and distributing
> written communications to make it
> known that patronage by a person with a disability
> or a trainer who is accompanied by a
> service animal is unwelcome or will be denied.
> The act also provides that, while a person
> accompanied by an animal may be asked
> whether the animal is a service animal, a person
> with a disability is not required to produce
> documentation on himor
> herself or the animal.
> Under the act, a service animal is required
> to wear a harness or leash and special cape
> only when accompanied by a trainer and only
> a trainer may be required to produce documentation
> for a service animal.
> The only time a service animal may be
> excluded from a public accommodation is
> when accommodation of the animal would
> result in a "fundamental alteration" in the
> nature of the accommodation or would jeopardize
> its safe operation. If the animal must be
> separated from its user, the user is responsible
> for arranging care and supervision for the animal
> during the separation.
> Finally, Act 354 requires a public accommodation
> to modify its policies, practices, and
> procedures to ensure that a person using a service
> animal is not separated from the animal,
> that the animal may accompany the person to
> all areas that are open to the general public,
> and that the person is not segregated from
> other patrons.
> EFFECTIVE DATE
> 2005 Wisconsin Acts 353 and 354 took
> effect May 3, 2006.
> FOR FURTHER INFORMATION
> View a copy of 2005 Wisconsin Acts 353
> and 354 at www.legis.state.wi.us.
> ----- Original Message -----
> From: "Marion & Martin" <swampfox1833 at verizon.net>
> To: "NAGDU List" <nagdu at nfbnet.org>
> Sent: Sunday, November 08, 2009 5:18 AM
> Subject: [nagdu] update on Minnesota Guide Dog Attack
>
>
>>
>> Dear All,
>> You may remember the story that was circulated through this list a
>> couple of months ago about a woman who kicked a guide dog at a WalMart.
>> After reading the story, I contacted Lolly Lijewski to see what
>> assistance NAGDU could be for her. Here is an update on the issue.
>>
>> Fraternally yours,
>> Marion Gwizdala
>>
>>
>>
>> For those who are interested in following the story, or in attending the
>> upcoming hearing for Victoreen Madison, the woman who assaulted Brook, my
>> Seeing Eye Dog, the hearing is scheduled for Thursday, November 19, at
>> 8:30. The location is 401 4th Avenue in Minneapolis, room 141.
>>
>>
>> If you plan to attend, there are some things to know:
>>
>> It is very possible she won't come.
>>
>> The authorities will likely give her until 11 or 12 o'clock to show up.
>> This means it's a "hurry up and wait," scenario.
>>
>> There will be other cases that are scheduled to be heard that morning as
>> well.
>>
>> If she doesn't come, a "bench warrant," will be issued for her. This
>> means that if she commits any crimes in the future, she can be brought in
>> on this charge, but the police will not go knocking on her door.
>> Additionally, if she is on probation for any past crimes, she can be
>> brought in to face this charge.
>>
>>
>>
>> I will have the opportunity to make a "victim's impact statement," which
>> I plan to do.
>>
>>
>>
>> Other service dog handlers can also submit victim's impact statements to
>> the City Attorney's office. They will pass them on to the judge who is
>> scheduled to handle the case. Some judges take these statements into
>> account, and some don't, when handing down a sentence.
>>
>>
>>
>> I asked the City Attorney to ask for community service in this case, if
>> Ms. Madison shows any remorse for her action.
>>
>>
>>
>> Ms. Madison will be assigned a public defender.
>>
>>
>>
>> If she comes to the hearing on the 19, and pleads guilty, the judge will
>> pass down a sentence at that time. If she shows up, but pleads innocent,
>> there will be a trial.
>>
>>
>>
>> If you are interested in submitting a victim's impact statement, please
>> reply to me at lijewski_6 at q.com and I will pass on the information on
>> where to send it.
>>
>>
>>
>> Thank you for your interest, and your support!
>>
>>
>>
>> Lolly and Brook
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> _______________________________________________
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urytel.net
>>
>
>
>
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