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

Tue Sep 29 12:39:08 UTC 2009

Steve,
    Thanks for your quick response! Would you please write to me off-list at
president at nfb-nagdu.org
and send me both the Minnesota access and the service animal protection 
laws? Not only do we need these for this particular case, we want to update 
our websdite with the full text of the laws, rather than the summaries that 
are currently presented. Thanks a bunch!

Fraternally yours,
Marion gwizdala


----- 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 3:35 PM
Subject: Re: [nagdu] Minneapolis woman cited for kicking seeing-eye dog


> Marion,
>
> Okay, I understand what you mean now.  I don't know the exact details, but 
> a law doing something like this was passed here about five years or so 
> ago.  The
> person whose dog was attacked is not one of our members so we don't know 
> the details of this case beyond what we read in the press, but I do 
> believe that she is
> aware of the laws.  We will be watching developments, though.  Clearly, 
> having the laws on the books and having the law enforced are not always 
> the same thing.
>
> Best regards,
>
> Steve Jacobson
>
> On Mon, 28 Sep 2009 12:44:12 -0400, Marion & Martin wrote:
>
>>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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>>>
>>>
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