[nagdu] Part II: Medford resident takes action to protect service dogs

Fri Nov 13 14:40:29 UTC 2009

Medford resident takes action to protect service dogs
By Nell Escobar Coakley/ncoakley at cnc.com
Thu Nov 12, 2009, 09:00 AM EST
Source:
http://www.wickedlocal.com/medford/news/x2087392354/Medford-resid
ent-takes-action-to-protect-service-dogs

Medford - While Massachusetts General Law clearly states that if
an accident occurs on an escalator, the unit must be shut down
until it is fixed and inspected by the proper authorities, one
Medford man said the commonwealth clearly failed in its duties to
protect him and his guide dog.

As a result, Steve Giannaros said his 5-year-old German shepherd
Dakota suffered a horrible accident, which left the dog with two
amputated pads on his right back leg and Giannaros with no job
and a $3,000 hospital bill to pay.

Last week, Terrel Harris, communications director for the
Executive Office of Public Safety and Security, which oversees
the Department of Public Safety, stated in an e-mail to the
Transcript that if the accident had occurred to a human being
rather than a dog, the escalator would have been shut down.

Harris also stated the agency was notified about the accident,
which took place June 26, via an oral report from the
Massachusetts Emergency Management Agency.

However, MEMA spokesman Peter Judge said the agency's hotline
never received any notification of an accident occurring in the
John W. McCormack Building, so it could not have made such a
report to DPS. He added he checked logs going back through early
May and into July, but found no such report.

Additionally, Judge said he spoke to those manning the hotline
and they could not recall such an incident either.

Harris declined further comment on the issue, referring all
further questions about the escalator, its maintenance or any
reports made about the accident to the Bureau of State Office
Buildings in Boston, which oversees not only McCormack, but also
the Charles F. Hurley and Erich Lindemann buildings.

A call to BSOB Superintendent Carole Cornelison was directed to
the agency's spokeswoman Cindy Roy, who was on vacation. Bob
Bliss, acting spokesman for the Executive Office of
Administration and Finance, which oversees BSOB, in late
September, said the escalator was inspected and it was found that
a comb plate was broken and had popped off.

He added a similar accident had occurred on the same escalator at
the same location to another guide dog and his owner. He said
that accident, which took place May 21, was also caused by a
broken comb plate.

"I have no explanation as to why that would happen," he said of
the two accidents.

Giannaros, however, said the explanation is just plain negligence
on the part of the state. He claimed that after the first
accident, the escalator was not properly shut down and inspected,
as per the requirement of state law.

"It's just awful they didn't check into it," he said of the first
broken comb plate. "If they had checked it, they might never have
had this happen."

The first victim

But Carl Richardson, ADA coordinator for the State House, said he
believes the broken comb plate found following Dakota's accident
was a result of the accident and not its cause. As for the first
accident, he believes it was due to the owner's negligence.

He should know. He was the first victim, or rather his guide dog,
Kinley, was.

Richardson said he was on the same escalator in late May,
carrying items in his hands, when his dog was injured.

"He got squeezed to the side and wasn't able to get off,"
Richardson said of Kinley's accident. "His right rear pad was
torn severely. They sewed it back together and he was down for a
total of about five weeks."

Richardson said he kept his dog home, but returned to work each
day until Kinley was able to return to his duties.

"I truly believe I didn't get off properly," he said of the
escalator accident. "It was very traumatic and stressful. I can
truly empathize with what Steve went through."

But, Richardson said, he went to everyone in the building,
Giannaros included, and told them to be careful of the escalator.
Richardson said after his accident was reported, the escalators
were inspected daily.

"They checked after me," he said. "Everything was in place."

Richardson, however, was unable to explain why or how Dakota's
injury occurred or why, as Bliss claimed, the comb plate had
popped off.

"I think it was a weird coincidence," Richardson said. "But I've
stayed away and I don't go on it anymore."

Richardson also inferred that Giannaros was carrying lunch and
might have let go of Dakota's harness. Giannaros, however, called
Richardson's claim absurd and said he had spoken to Richardson
following Dakota's accident.

"I asked him to file a report and he said he didn't want to talk
about it," Giannaros said. "Then he suggested I seek outside
counsel. I think he's afraid for his job."

The reports

Giannaros maintains that whether or not he or Richardson were
holding on to their dogs' harnesses has no bearing on the
accidents. The fact, he said, is the state still didn't follow
proper procedure when Kinley was injured by shutting down the
escalator until the DPS could sign off, and that resulted in
Dakota being injured.

Giannaros further stated it wasn't until July 7, as Harris stated
in an e-mail to the Transcript, that a DPS inspector finally OK'd
the escalator repairs.

According to an after-accident form provided to the Transcript by
the BSOB via Richardson, as ADA coordinator, the accident
involving Kinley took place May 21, but was not reported until
May 26. In it, an unidentified man named Richard Gagnon reports
the dog's paw "slipped between the combs at the top of the
escalator."

The report goes on to say the escalator was shut down, the broken
combs replaced and the escalator re-inspected and placed back in
service. However, there is no mention of DPS being contacted or
whether a state inspector looked at the escalator.

However, a Delta technician, which oversees the escalators and
elevators in the building, was reportedly to inspect the
receiving combs on both escalators daily, as Richardson stated.

On a similar form submitted on the day of Dakota's accident,
Gagnon again states the escalator was inspected and no problem
was found, despite Bliss' claims that the combs had popped off
again.

"Will be meeting with BSOB ADA Coordinator to explore this issue
and the training received regarding escalator use by service
animals," Gagnon writes, referring to the report's first page
where he states he will be "meeting with C. Richardson."

In an addendum written Aug. 4, Gagnon goes on to further document
the incident, mentioning several security and police officers on
sight to help with the injured dog, as well as Paul Barry, a
Delta Elevator technician.

"As the scene was cleared P. Barry examined the escalator," he
wrote. "After a review of the escalator, it was deemed to be safe
and was put back in service."

Again, Gagnon does not state in the addendum that the DPS was
contacted nor that a state inspector OK'd the escalator's being
placed back in service.

Giannaros calls this the smoking gun.

"They mopped up the blood and turned the escalator back on like
nothing ever happened," he said. "A friend of mine who works
there said it was back in service half an hour after the first
accident and after Dakota's accident."

He said it's no surprise no one has called him back, despite the
weeks of telephone calls and messages left. And, he added, it's
also not surprising that the first DPS escalator inspector he
talked with, a man named Lenny Chase, who told him the escalator
should have been shut down, as per state law, and re-inspected
only by the DPS, no longer answers his phone.

Giannaros could only smile that the Transcript was told my Harris
it would not be allowed to speak to Chase either.

"I've tried to keep contacting them, but they've blown me off,"
Giannaros said. "I haven't heard back from anyone at all."

The future

Giannaros said these days, he's no longer angry about the
accident and is only relieved that Dakota has fully recovered.

"We went to Chinatown a few weeks ago and had to take the
escalator," Giannaros said. "I was worried about what he might
do, but he was fine. I was the one who was a total wreck!"

But despite the dissipating anger, Giannaros said that doesn't
mean he wants to let the entire incident just drop. He plans to
sue the state in small claims court for negligence in the hopes
of reclaiming the $3,000 he shelled out in hospital bills.

Meanwhile, he will continue with graduate school and hopefully,
work with Medford's state delegation to file and pass a bill that
protects service animals injured while performing their duties.

"I doubt anyone knows how many guide dogs are injured every
year," he said. "There's probably been no research done. That
wouldn't surprise me.

"What I want to do now is contact my state representatives and
senator to pass a law, at least in this state, that will protect
these animals," Giannaros added. "There's nothing ADA can do, but
there has to be some protection for these dogs. Look at me, in
two seconds, my entire life changed."

Related Stories
Medford resident plans to file lawsuit, bill after guide dog
injured on escalator

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Comments (2)
Thank you for the abuse report. We will review the report and
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ShopLoc8523 hours ago
Report Abuse 
This is a interesting story....I think people forget about what a
hard job these service dogs have. 
PatsFan10118 hours ago
Report AbuseThat's very sad that two service dogs were injured on
the escalator. As a fellow service dog user, I wonder if these
dogs were properly trained in how to get on/off and ride an
escalator? If the dog is not trained to do it, it can be
dangerous. But if the dog is properly trained for escalators, he
won't get hurt. 

The dog needs to hop (jump) onto the escalator, keep his feet in
the middle of the steps, stay away from the sides of the
escalator, start walking as he nears the end of the escalator,
and then hop well over the end of the escalator (where the steps
get taken into the mechanism). I don't know how much, if any,
vision either of the men in the article have, so don't know if
they are able to watch their dog's paws at all, but whenever I
take my service dog on escalators and moving sidewalks, I watch
her paws and make certain she rides correctly, as she's been
trained to do. 

Letting go of the dog's harness would not negate his escalator
training, but if both or either of these men were not paying
attention to their dogs, thus helping them know the proper times
to jump and remind them where to stand, they need to partially
blame themselves for the injuries. Lunch or other items are never
more important than your service dog's safety! 

I do agree that Massachusetts needs a much better law regarding
injury to and interference with service animals, however. They
need to check out the law that Florida has and emulate it. 

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]
On Behalf Of Ginger Kutsch
Sent: Sunday, November 08, 2009 5:21 PM
To: 'NAGDU Mailing List,the National Association of Guide Dog
Users'
Subject: [nagdu] Guide dog injured on escalator

Medford resident plans to file lawsuit, bill after guide dog
injured on escalator By Nell Escobar Coakley/ncoakley at cnc.com Thu
Nov 05, 2009, 09:00 AM EST
Source:
http://www.wickedlocal.com/medford/news/x1312011995/Medford-resid
ent-plans-to-file-lawsuit-bill-after-guide-dog-injured-on-escalat
or

Editor's Note: The following is part one of two. See next week's
Medford Transcript for part two.

When his 5-year-old guide dog was badly injured in an escalator
accident this summer, one local resident made it his mission to
file a bill that will protect all assistance animals traveling in
public places with their owners.

"My anger over the whole thing is finally gone," said Steve
Giannaros, of Wellington Circle. "But I also don't want it to
happen to anyone else. I can't let something go on. I have to
correct this problem."

The problem is what Giannaros perceives as the shoddy treatment
he received from the state following an accident on an escalator
in the John W. McCormack Building in Boston.

On June 26, Giannaros and his German shepherd guide dog, Dakota,
were riding the escalator upstairs from the cafeteria. Upon
reaching the top, Giannaros felt a thump and heard a loud wailing
coming from the animal.

"He was wailing like crazy," Giannaros recalled with a shudder.
"It was horrible. I could hear him screaming. It was really
chaotic."

Although several people immediately jumped in to help, Giannaros
said it was a state trooper who really came through by driving
him and Dakota to Angell Animal Medical Center.

"He was at Angell for about five days," Giannaros said. "The
doctors said the two pads of the middle toes of his right back
leg were badly injured. After a few days, they said they had no
way to repair it and if they tried, he couldn't work. I was
devastated. If he couldn't work again, I would have had to give
him away."

Doctors amputated the two pads, and it took more than five weeks
for Dakota to recuperate from his wounds.

"Angell said he would be fine and that he would work and live a
normal life," Giannaros said. "He's fine now."

In the meantime, Giannaros found himself homebound, missing
several weeks of work at his job in the Secretary of State's
Office because he could not travel without Dakota. And it was his
job to take care of the animal as well.

"He had stitches for four weeks and his foot was in a cast," he
said. "When he got the cast removed, he was very raw."

Giannaros, whose vision has failed over the past 10 years, spent
his time at home not only caring for his dog, but getting angrier
and angrier. Especially when a friend called him and told him the
escalator Dakota had been injured on was running only 30 minutes
following the accident.

"I got really mad," he said. "A half an hour later, they mopped
up the blood like the whole thing never happened."

The situation was compounded after he said he was told that
another guide dog was injured the same way on the same escalator
only a month before Dakota.

"That just made me feel horrible," he said. "What if a little kid
or an old woman's shoe got caught in that escalator?"

And so Giannaros started looking into the laws and proper
procedures governing escalators in the commonwealth of
Massachusetts.

The investigation

While homebound, Giannaros started making some calls. First, he
tried the Department of Public Safety, where he spoke to an
escalator inspector named Lenny Chase. He said this man told him
that state law specifically states if an accident occurs, the
escalator must be shut down until it is fixed - and it can only
be turned back on once the DPS inspects its safety.

Giannaros said Chase told him no one had filed a report about the
accident with DPS. About three weeks after the accident,
Giannaros called Chase again, but was referred to another
inspector, whom he said has never called him, despite leaving
several phone messages.

Giannaros said he then called the building's management, the
Bureau of State Office Buildings, in order to obtain a full
report of the accident. With no calls returned, he filed his own
report.

"By then, they said they filed a report with Public Safety and
that it was out of their hands," he said. "It seemed like
everyone was passing me off to everyone else."

Fed up, Giannaros called the Massachusetts Office on Disability
(MOD). After speaking with the director herself, Giannaros said
he was told the case was not discriminatory in nature and that
MOD could not help him.

"They seemed like they didn't want to get involved because this
was another state agency," he said. "They suggested I find
outside counsel."

By September, Giannaros had received no telephone calls from
anyone, despite his persistence. And to top it all off, he
received a $3,000 bill from Angell for Dakota's care.

But there was one more surprise in store.

"I lost my job," he said, with a shake of his head. "My boss
called and said I had two options: a leave of absence with no pay
or a voluntary layoff."

Giannaros took the latter, choosing to go back to graduate school
to study disability issues. He also paid off Dakota's hospital
bill, although he plans to file a small claim against the state
for negligence in failing to keep the escalator in safe working
condition.

Yet, he couldn't let go of the fact that no one seemed to care
about the problematic escalator or the fact that his dog was
injured.

"It's not like he was the first dog to be hurt," he said. "I
think they thought I would just give up."

Second investigation

But he didn't give up. Not even close.

In August, Giannaros started writing to the local and Boston
media about the accident and while he received a call here and
there, no one seemed interested in his story.

"I have no idea why," he said. "None of this makes sense."

After hearing Giannaros' story, the Transcript contacted the
Division of Inspection, a DPS office which, according to
Secretary of State William Galvin's "Commonwealth of
Massachusetts Citizens' Guide to State Services" Web site, "is
responsible for the annual inspection of all existing elevators,
sidewalk elevators, dumbwaiters, hosts, lifts, escalators and
moving stairways and for the plan review/inspection of all new
installations in the state."

An official in the office, who did not identify himself, declined
to comment, stating that any requests for information should be
made in writing to the legal office of the DPS. The official
transferred the Transcript to a media official, who failed to
return a message requesting the state laws and regulations.

A further call to the Executive Office of Public Safety and
Security, which oversees the DPS, was transferred to
Communications Director Terrel Harris, who asked an e-mail be
sent with specific questions regarding the case.

In mid-September, the Transcript sent several questions to
Harris, requesting the following information: the process for an
inspection following an escalator accident, the last two dates of
inspection for the escalators at McCormack and if the DPS had
received any incident reports involving guide dogs in the
building. An additional request was made to speak to Chase.

Harris stated escalators are inspected annually, the last dates
being June 16 and June 18, 2008.

He added that Chapter 4 of state regulations clearly states that,
"Once an owner learns that a person has sustained a serious
injury in an elevator accident, the elevator shall be immediately
shut down until express consent to resume operation is granted by
a supervisor of elevator inspectors employed by the Department.
In the event of such an accident, the owner shall be responsible
to ensure that the elevator and area surrounding the elevator are
secured and are not disturbed, cleaned, or altered in any way
until such time as an inspector has completed an investigation.
The only exception to this requirement shall be acts in
furtherance of ensuring the safety of the area or a person, or
for the extraction of an injured person."

He went on to say the state had received no report from Steve
Giannaros about the accident and that the DPS was notified orally
by the Massachusetts Emergency Management Agency about the
McCormack Building incident.

He also stated it would "not be possible" to speak to Chase.

"Bottom line: neither the statute (G.L. c.143, s.66) nor
regulations require that DPS be notified or a report be filed in
a situation like this," Harris wrote in his e-mail. "If the
injury that the dog sustained happened to a person, we'd have a
whole different story. Then, the unit would have to be shut down
and a full report filed in accordance with the regs including the
section cited above. Apparently, the comb plate was broken when
the incident occurred. That was fixed and looked at by one of our
inspectors to make sure it was done properly."

In a follow up e-mail, Harris said that inspection was done July
9, 2009, although he could not say when the actual repairs took
place.

"I'm not surprised this their response," Giannaros said. "It's
just a dog. That makes me angry. I think it's awful they didn't
check into it after the first dog was injured."

- Did they or didn't they check into the problematic escalator?
And what, if anything, has the state done to make sure another
accident doesn't occur? Check next week's Transcript for part two
of this story.

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Comments (2)

vlizzled3 days ago
Report Abuse
This is upsetting and uncalled for, but unfortunately, I do not
find it surprising! I am sick of the attitude of 'its just a dog'
and I cannot believe this man was forced to leave his job.
Instead of progressing as a society, we continue to regress.
ada3 days ago
Report AbuseIt seems to me that the people who were contacted in
the investigation of this incident are bobbing and weaving to
cover the inadequacies of the Commonwealth agencies. It is very
sad to see that this very specialized guide dog was considered 'a
nothing', and therefore no accident report filed. This man and
his dog should be considered 'one and the same' as he is an
integral part of his daily functional life. And the fact that
this happened to another guide dog a short time before without
any action taken to repar the escalator, could have prevented the
second dog from being severely injured. Just too bad. I hope this
is appropriately resolved.
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Ginger Bennett Kutsch
Morristown, NJ

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