[nagdu] Appeal denied, service dog will not be returned to Utah man

[Ginger Kutsch]

Appeal denied, service dog will not be returned to Utah man
Published: Friday, Feb. 25, 2011 4:16 p.m. MST 
By Viviane Vo-Duc, Deseret News 
http://www.deseretnews.com/article/705367506/Appeal-denied-servic
e-dog-will-not-be-returned-to-Utah-man.html
16 comments     PRINT | FONT + -  SALT LAKE CITY - A man who had
his companion dog taken away will not be getting him back any
time soon.
 
Dr. Gael Yonnet's service dog Elon was taken away a month ago by
Canine Companions for Independence - the organization that
partnered him with the yellow Labrador retriever.
 
At the time, the organization said Yonnet's lifestyle and job
were endangering the dog because he didn't keep Elon on a leash,
especially on trips to the mountains.
 
Gael Yonnet, Family photo 
Dr. Gael Yonnet, seen with his service dog, Elon, in December of
2009, was paralyzed in a snowboarding accident in 2006. In 2009,
he received a service dog from Canine Companions for
Independence. The organization recently took the dog away from
Yonnet. 
>From the archive
.Man's companion dog taken away in Utah; organization said dog in
danger - Feb. 4, 2011 
http://www.deseretnews.com/article/705365793/Mans-companion-dog-t
aken-away-in-Utah-organization-said-dog-in-danger.html
 
Yonnet said he understood their concern, especially after hearing
the dog was not on a leash at all times. But he claims Elon was
never in danger.
 
He submitted an appeal, which included an iPetition with more
than 5,000 Utahns supporting the dog's return.
 
In a letter sent to Yonnet, Corey Hudson, CEO of CCI, said after
reviewing the details of the case the staff had good reason to
believe Elon's safety was in jeopardy and to take the dog back.
 
"You repeatedly allowed Elon to be off lead in unenclosed and
urban environments, which is a serious safety concern for CCI."
Hudson said. 
 
He also said Yonnet was very confrontational and, at one time,
had a electronic collar on Elon, which was a serious breach of
CCI's standards for treatment of its dogs.
 
Yonnet can appeal the decision to the national board of Canine
Companions for Independence, which he plans to do.
 
Elon is currently being taken care of by a foster family, which
Yonnet says doesn't make sense.
 
"He doesn't need a loving foster home," he said. "What he needs
is his loving home, his own family, which is me."
 
In March of 2006, Yonnet had a snowboarding accident, which left
him paralyzed from the waist down.
 
He said Elon was trained to assist him with tasks, such as
switching lights on and off, retrieving objects from the floor
and opening doors.
 
While he has been offered another service dog from a different
organization, Yonnet says he just wants his "baby" back.
 
E-mail: vvo-duc at ksl.com
 

COMMENTS (17)
lost in DC | 4:05 p.m. Feb. 25, 2011 
West Jordan, UT 
too bad the dog is valued more than the person 
Recommend Recommendations: 5 Ute Fan In Utah | 4:34 p.m. Feb. 25,
2011 
West Jordan, UT 
The man breached the contract he had agreed to with the company.
I don't blame them for taking Elon, I would have sooner if I had
invested so much money into a dog. They make it pretty clear that
the dog is not yours when they lend it to you. 
Recommend Recommendations: 5 Sarah B | 4:50 p.m. Feb. 25, 2011 
SLC, UT 
I agree with Ute Fan. This is a highly educated adult who is
fully capable of understanding and following the rules. It takes
alot to train these dogs and there is a great need. If he can't
play by the rules, then he doesn't get to play. The fact that he
abused the dog by using a shock collar is grounds enough to take
the dog away.
 
I'd have much more sympathy if it was someone who was also
mentally impaired. Rebellion gets no sympathy from me. He made
his choices, despite warnings and now he has to deal with the
consequences. 
Recommend Recommendations: 4 Jim A | 5:09 p.m. Feb. 25, 2011 
Porter Ranch, California 
I have a conflicting opinion here. First, CCI doesn't charge for
their dogs so point 1 for CCI. Second, the use of a shock collar
on a service Dog is reprehensible under any circumstance. If this
gentleman did in fact use a shock collar on this dog, that would
be grounds for removal in my book. As for the off-lead part, that
kind of depends. Sometimes a Service Dog's tasks require him to
be off lead for a short period of time, and in a city atmosphere
it could be very dangerous for the dog to be off lead. that said,
if he was letting the dog off-lead in the mountains when hiking,
as originally reported, I see less of an issue with it.
 
All in all, assuming the facts presented in this story are
accurate, I have to support CCI's decision. These animals cost
way to much to train for someone to be mistreating it with a
shock collar or taking unnecessary risks it in a city
environment. 
Recommend Recommendations: 3 UU Fan | 5:25 p.m. Feb. 25, 2011 
Salt Lake City, UT 
I agree with Sarah. Dr Y wants his "baby" back but takes no
responsibility for the fact that he is the reason that the dog
was taken away despite repeated warnings. Off leash, shock
collars, I'm appalled. I'm glad the organization is able to
monitor the health and safety of their graduate teams and proceed
to do the right thing. 
Recommend Recommendations: 4 Beth38 | 7:05 p.m. Feb. 25, 2011 
Brockton, MA 
I am so glad that CCI cares enough about their dogs to remove
Elon from such an irresponsible and vindictive man. He learned
the rules during his two weeks at training to get the dog. He
KNEW that the dog would remain CCI's dog, for reasons exactly
like this one. He SIGNED a contract stating that he agreed with
everything set forth in training, and with the understanding that
they maintain ownership. Instead of working with the school when
given opportunities, he CHOSE to ignore them and yet he cried
foul when the dog was removed. Instead of handling this in a
mature manner privately with the organization, he has chosen to
lie to the general public about the situation on his numerous
webpages as well as attempt. Anyone who wants to read the truth
can visit CCI's website. And to those of you who humanize dog's
emotions and think that poor Elon must be so sad: dogs don't
think like we do. They don't mourn people. They don't look back.
Think about it. Do you think Elon mourned his puppy raiser when
the "good" doctor got him? Um. No. 
Recommend Recommendations: 4 DisabilityAdvocate | 8:22 p.m. Feb.
25, 2011 
Alexandria, VA 
Regarding "Anyone who wants to read the truth can visit CCI's
website", would you go to one half of a dispute to get unbiased
information?
 
Regarding the arguments regarding the contract, it does not state
that the dog has to be on leash at all times. It does say that
local leash and licensing laws need to be followed, and they
were. Further, the ADA provides for service dogs being off leash
but under voice control. 
 
Dr. Yonnet is an inspiration to many disabled people. To take
away a paraplegic's dog because he was off leash on rural
mountain trails and in the hospital is sad. To further show
pictures on your website (as CCI has done) of other dogs off
leash in various environments and in another hospital makes this
even more concerning. How is Dr. Yonnet's hospital and recreation
more dangerous than that of other CCI graduates? 
Recommend Recommendations: 7 Krizzle | 12:09 a.m. Feb. 26, 2011 
Sandy, UT 
To UoU Fan: Gael did in fact take responsiblity that a certain
times he did not have Elon leashed (of course many of those times
were due to safety reasons). Cesar Millan has in the past
supported the use of shock collars. They are a great use for
obedience training if used properly. And to Beth who thinks
everyone is consumed at humanizing Elon by associating them with
human emotions: animals do mourn. Elon knows he's not with Gael.
He's not receiving the same love and devotion that Gael gave him.
Elon was never in trouble. 
Too many times I see animals out there being abused, neglected,
taken advantage of. And Gael who treats this dog with the utmost
respect gets him ripped out of his arms. CCI has done good for
many people but this one situation they've handled horribly. 
Recommend Recommendations: 0 ADA prevails | 12:54 a.m. Feb. 26,
2011 
Eastport, MD 
(1) There are numerous pictures on CCI's own web site and CCI's
own videos that show dogs leash free outside; some of which are
clearly in public areas. There are clearly two standards: one for
CCI and one for Dr. Yonnet. This does bring to question CCI's
motives or prejudice, perhaps? 
 
(2) CCI's leash requirements are a violationws of the Americans
with Disabilities Act (ADA), which provides latitude on leash
requirements for persons in wheelchairs. And, ADA prevails unless
a state law or contract provides more freedom for the person in
the wheelchair...not the dog. The law protects the disabled
first. 
 
(3) I could not, in good conscience, recommend that anyone get a
dog from CCI given the way they have treated Dr. Yonnet. It was
obvious in the pictures that Elon was very happy with Gael. It
was also obvious how much Gael loved Elon. To break these two up
has now devastated both Gael and Elon. It is absolutely cold and
heartless the way this was handled. I would never suppport nor
encourage supporting CCI given this case. CCI has no heart if it
can do this. 
Recommend Recommendations: 0 Beth38 | 12:55 a.m. Feb. 26, 2011 
Brockton, MA 
Being an inspiration to disabled people has nothing to do with
this matter. And honestly, I am a disabled person and he sickens
me with the poor way he has chosen to deal with this issue. The
dog is not his and never was. He had numerous opportunities to
work with the school to take care of safety issues and he didn't.
He didn't follow what he was told to do by the school that loaned
him this dog. 
Recommend Recommendations: 2 Sharon Kenzer | 1:37 a.m. Feb. 26,
2011 
Eastport, MD 
Dr. Yonnet and Elon were a family and an inspiration to so many
people, including the veterans that were patients of Dr. Yonnet.
While dealing with their own disabilities, it was extremely
inspiring to see the full life that Gael was living with Elon.
Elon inspired Gael to be active again, which gave hope to so many
patients dealing with their own disabilities. Elon gave such
comfort to many people, including patients, but mostly to Elon.
To think that CCI would repo this dog for a fear of what could
happen is tragic. Would one keep a child on a leash? When one
fully reads Dr. Yonnet's explanation of what transpired, which
has been consistent, there is no doubt he exercised good judgment
for Elon's safety at all times. 
 
Last, comments by CCI supporters repeatedly refer to their leash
requirements, however, there are CCI videos and CCI pictures
where dogs are leash free in public areas. The more I read about
this, the greater the injustice perpetrated on Gael and Elon. I
don't believe for a minute that Elon isn't suffering the loss of
Gael. CCI should return Elon. 
Recommend Recommendations: 0 Love Dogs | 1:50 a.m. Feb. 26, 2011 
Tarzana, CA 
I applaud Canine Companions for Independance (CCI) for their
decision to remove Elon from Gael. Tbe public statement from CCI
can be read on their website on this issue....and for sure, it
appears that they do not make a decision like this on a whim,
only one in 500 dogs partnered are taken back. It is sad to learn
that Gael chose to go public in such a dishonest and arrogant
way, and now loose his dog. In my heart I was praying that he
would have the sense to listen and talk to the amazing folks who
trained Elon, and appreciate the tremendous gift he was given.
His refusal to respect this highly trained dog after he received
it and his continued arrogant public threats lead me to applaud
CCI for their final decision. Thankful for what this amazing
non-profit does to help so many disabled Americans.... 
Recommend Recommendations: 1 Ann Mc Dowell | 2:10 a.m. Feb. 26,
2011 
New York, NY 
Gael and Elon were an inspiration to so many of the patients in
the hospital, particularly the veterans with disabilties and
traumatic brain injuries who were Gael's patients. They gave so
many people hope that they could live fully active lives. 
 
CCI's Form 990, as filed with the IRS for 2009, Schedule O
Supplemental Information (page 34) stated: 
"TAsks performed by instructors at follow-up visitation include: 
2) Correction of any problems that may exist; 
5) Making certain that the dog is doing the commands initially
taught, and that they are still needed; and 
6) Beginning the process of teaching new commands, if deemed
necessary. 
 
Gael requested additional training from Simi in late December of
2010. When a date was set for 1/29/10, Gael was looking forward
to meeting with Simi as he was told it was to help with items 2,
5, 6 above. In fact, Gael took the day off from meeting with his
patients in order to train with Elon. Instead, Simi offered no
training or education and quickly informed Gael that they were
there to take Elon. That's the last time Gael saw Elon; tragic
for both Gael and Elon. 
Recommend Recommendations: 0 SanB | 4:36 a.m. Feb. 26, 2011 
Jupiter, FL 
I have been following this story closely, and still feel that CCI
and Dr. Yonnet can resolves the issues at hand. Through all of
the anger and emotion (and we ALL have acted out in both) the
bottom line is, CCI raised an awesome companion dog, Dr. Yonnet
has bonded with Elon, loves him dearly, and was not abusing the
dog. I have read in earlier posts, Dr. Yonnet has set out to
acquire a new leash (made specifically for people in wheelchairs
that are active) that will allow him to take Elon on his mountain
trips, which will take care of the safety concerns as expressed
by CCI. I have to agree with DisabilityAdvocate above, I have
browsed CCI's website, and have seen the same pictures with other
dogs off leash, so are those dogs getting ready to be repo'd as
well? We have all experienced loss, and death, and have probably
even uttered the words "I'd do anything to get them back".
Fortunately, in this case, there is still time to get them back,
with a very clear mutual understanding of what is expected. Just
Love! 
Recommend Recommendations: 0 Angelo John Stevens | 6:51 a.m. Feb.
26, 2011 
Fort Belvoir, VA 
I am going to be polite, after fighting a school system in VA who
seems to feel they can have a policy that Names ADI, an affiliate
of CCI as the sole God to all Dog training and certifications, I
have to say I see something fishy with CCI and ADI, more so when
an agency feels even with all the good they do, that they are
above the law.
They have rules which are not enforced across the board, and seem
to pick and choose who they enforce them on, based on how much
aide and or help that person can give to their fund rasing
efforts, their 50,000 dollar dogs does not mean their better dogs
then a 20,000 dog, plain and simple.
Servioce Dogs should be controllable on and off a leash, because
facts and nature dictate there will be places and times these
dogs need to be off leash in order to perform their functions.
ADA and DOJ have already stated they agree leashs are not
required for certain instances where it is unsafe to use a leash,
however if dogs can be controlled either with voice, or hand. 
Recommend Recommendations: 0 Angelo John Stevens | 7:06 a.m. Feb.
26, 2011 
Fort Belvoir, VA 
I am still curious why CCI retains owner ship of the dog yet
claims they give dogs for free, giving implies you no longer own
that which is given, should not the term instead be, We loan
service dogs to persons, but at any time may remove that dog if
we CCI feel you are too dangerous for that loaned dog to be in,
and then we will lie to you to meet at a mall, in order to train
you and your dog, but instead will take the dog from you, and not
ensure you the disabled person will get home safely, and threaten
you with the police as well, lets not also forget these are the
same people that want to work with wounded warriors and veterans,
our suicide rate is high enough in the military we do not need
CCI re-poing dogs from them to add fuel to that fire. 
Recommend Recommendations: 0 1000observer | 9:59 a.m. Feb. 26,
2011 
Alexandria, Va 
First, CCI makes perfectly clear that they retain ownership of
their dogs. It is in every agreement that every graduate,
including the person in question, signs before accepting a CCI
dog. If you don't like it, don't accept a CCI dog. There are many
people on CCI waiting lists willing to accept the terms CCI has,
and if you accept a CCI dog, and not the terms CCI has, you are
taking that dog away from someone else who might have benefited
from a CCI dog. Another SLC TV site has a story posted and on it
is a link to the letter from CCI to Dr. Yonnet. After reading
this letter, any sympathy I had for the doctor on this issue has
disappeared. I leave it to everyone to read the letter, but it
seems from the letter that CCI did everything it could to solve
the issue at hand, and it is not just about leash and off leash
rules. Shame that Dr. Yonnet and his supporters prefer to attack
CCI than work with them to find a solution. 
Recommend Recommendations: 0