[nagdu] Minneapolis woman cited for kicking seeing-eye dog

[Marion & Martin]

Steve,
    Several states have passed Service Animal Protection laws that 
criminalize attacks on service animals by other dogs and people. In Florida, 
for instance, this woman would have faced third degree felony charges for 
her actions. FYI, I have pasted the pertinent statute from Florida law.

413.081  Interference with or injury to a service animal; penalties; 
restitution.--



(1)  A person who, with reckless disregard, interferes with, or permits a 
dog that he or she owns or is in the immediate control of to interfere with 
the use of a service animal by obstructing, intimidating, or otherwise 
jeopardizing the safety of the service animal or its user commits a 
misdemeanor of the second degree for the first offense and a misdemeanor of 
the first degree for each subsequent offense, punishable as provided in s. 
775.082 or s. 775.083.



(2)  A person who, with reckless disregard, injures or kills, or permits a 
dog that he or she owns or is in the immediate control of to injure or kill, 
a service animal commits a misdemeanor of the first degree, punishable as 
provided in s. 775.082 or s. 775.083.



(3)  A person who intentionally injures or kills, or permits a dog that he 
or she owns or is in the immediate control of to injure or kill, a service 
animal commits a felony of the third degree, punishable as provided in s. 
775.082, s. 775.083, or s. 775.084.



(4)(a)  A person who is convicted of a violation of this section, in 
addition to any other penalty, must make full restitution for all damages 
that arise out of or are related to the offense, including incidental and 
consequential damages incurred by the service animal's user.



(b)  Restitution includes the value of the service animal; replacement and 
training or retraining expenses for the service animal and the user; 
veterinary and other medical and boarding expenses for the service animal; 
medical expenses for the user; and lost wages or income incurred by the user 
during any period that the user is without the services of the service 
animal.



History.--s. 2, ch. 2002-176; s. 2, ch. 2005-63.





Fraternally yours,

Marion





----- Original Message ----- 
From: "Steve Jacobson" <steve.jacobson at visi.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Monday, September 28, 2009 9:35 AM
Subject: Re: [nagdu] Minneapolis woman cited for kicking seeing-eye dog


> Marion,
>
> What sort of protections are you referring to?  Here in Minnesota, as I 
> recall, access to public accommodations is guaranteed for dog guid users 
> with our white cane
> legislation passed over thirty-five years ago.  I believe some additional 
> legislation was passed within the past decade as well that may have been 
> more general in
> nature.  There has also been a good deal of publicity within the past five 
> years here that arose from certain taxi drivers being unwilling to take 
> passengers who use
> dogs, particularly when being picked up at our airport, and our airport 
> commission and local governments were very supportive.  I don't think this 
> incident arose from
> a lack of general awareness and at this point we don't even know what the 
> individual's motive was.  However, this is clearly not acceptable.
>
> On Mon, 28 Sep 2009 07:16:30 -0400, Marion & Martin wrote:
>
>>Does anyone know if Minnesota has a service animal protection law that may
>>apply? Often law enforcement and consumer are not aware of such 
>>provisions.
>
>>Fraternally yours,
>>Marion
>
>
>>----- Original Message ----- 
>>From: "Cindy Lou Ray" <cindyray at qwest.net>
>>To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>><nagdu at nfbnet.org>; <nagdu at nfbnet.org>
>>Sent: Sunday, September 27, 2009 9:27 PM
>>Subject: Re: [nagdu] Minneapolis woman cited for kicking seeing-eye dog
>
>
>>> Wow, I can't believe this story. Why would you just do that. I know that
>>> woman and that dog, so I am certain that this story is on. How really
>>> awful that is. I really can't imagine it.Cindy
>>>
>>>
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