[nagdu] Access problems in San Diego

Thu Jan 13 22:28:19 UTC 2011

Hi Ginger,
Thanks for the info - I lost our guide dog law book along time ago!

I'm going to make a copy of this and go to the police station near the 
Humane Society when I go there on Thursday and talk to them there,

Since the discrimination happened on December 8th, a friend with a guide dog 
and I are going to attempt to go to this business and see what happens and 
then proceed from there.

I'll keep you all posted.

Lyn and Landon
----- Original Message ----- 
From: "Ginger Kutsch" <gingerKutsch at yahoo.com>
To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Wednesday, January 12, 2011 1:31 PM
Subject: Re: [nagdu] Access problems in San Diego

> Dear Lyn,
>
> The Community Liaison Officer is right in that the police do not
> have the authority to enforce a civil law. They can remind a
> business owner of legal responsibilities, but the person who has
> experienced discrimination must initiate any legal action.
>
> However, some states, like California,  have laws that make it a
> criminal offense to deny access to a person who uses a service
> animal. This means that the police have the authority to enforce
> this type of law. Apparently the officer is unaware that
> California makes it a crime to deny access.
>
> I recommend that you contact the officer yourself and explain
> that you've learned that CA PENAL CODE SECTION 365.5 is a
> criminal law that protects your rights and that you would like
> the police to press charges against the business owner.
>
> Here's a copy of the statute for your convenience:
>
> 365.5.  (a) Any blind person, deaf person, or disabled person,
> who
> is a passenger on any common carrier, airplane, motor vehicle,
> railway train, motorbus, streetcar, boat, or any other public
> conveyance or mode of transportation operating within this state,
> shall be entitled to have with him or her a specially trained
> guide
> dog, signal dog, or service dog.
>   (b) No blind person, deaf person, or disabled person and his
> or
> her specially trained guide dog, signal dog, or service dog shall
> be
> denied admittance to accommodations, advantages, facilities,
> medical
> facilities, including hospitals, clinics, and physicians'
> offices,
> telephone facilities, adoption agencies, private schools, hotels,
> lodging places, places of public accommodation, amusement, or
> resort,
> and other places to which the general public is invited within
> this
> state because of that guide dog, signal dog, or service dog.
>   (c) Any person, firm, association, or corporation, or the
> agent of
> any person, firm, association, or corporation, who prevents a
> disabled person from exercising, or interferes with a disabled
> person
> in the exercise of, the rights specified in this section is
> guilty
> of a misdemeanor, punishable by a fine not exceeding two thousand
> five hundred dollars ($2,500).
>   (d) As used in this section, "guide dog" means any guide dog
> or
> Seeing Eye dog that was trained by a person licensed under
> Chapter
> 9.5 (commencing with Section 7200) of Division 3 of the Business
> and
> Professions Code or that meets the definitional criteria under
> federal regulations adopted to implement Title III of the
> Americans
> with Disabilities Act of 1990 (Public Law 101-336).
>   (e) As used in this section, "signal dog" means any dog
> trained to
> alert a deaf person, or a person whose hearing is impaired, to
> intruders or sounds.
>   (f) As used in this section, "service dog" means any dog
> individually trained to do work or perform tasks for the benefit
> of
> an individual with a disability, including, but not limited to,
> minimal protection work, rescue work, pulling a wheelchair, or
> fetching dropped items.
>   (g) (1) Nothing in this section is intended to affect any
> civil
> remedies available for a violation of this section.
>   (2) This section is intended to provide equal accessibility
> for
> all owners or trainers of animals that are trained as guide dogs,
> signal dogs, or service dogs in a manner that is no less than
> that
> provided by the Americans with Disabilities Act of 1990 (Public
> Law
> 101-336) and the Air Carrier Access Act of 1986 (Public Law
> 99-435).
>   (h) The exercise of rights specified in subdivisions (a) and
> (b)
> by any person may not be conditioned upon payment of any extra
> charge, provided that the person shall be liable for any provable
> damage done to the premises or facilities by his or her dog.
>   (i) Any trainer or individual with a disability may take dogs
> in
> any of the places specified in subdivisions (a) and (b) for the
> purpose of training the dogs as guide dogs, signal dogs, or
> service
> dogs. The person shall ensure that the dog is on a leash and
> tagged
> as a guide dog, signal dog, or service dog by an identification
> tag
> issued by the county clerk or animal control department as
> authorized
> by Chapter 3.5 (commencing with Section 30850) of Division 14 of
> the
> Food and Agricultural Code. In addition, the person shall be
> liable
> for any provable damage done to the premises or facilities by his
> or
> her dog.
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]
> On Behalf Of Lyn Gwizdak
> Sent: Wednesday, January 12, 2011 12:50 PM
> To: NFBnet NAGDU Mailing List,the National Association of Guide
> Dog Users
> Subject: [nagdu] Access problems in San Diego
>
> Marion,
> Below is a response my friend, Lisa, got from the police here
> when she asked them what recourse we had in response to an access
> denial in a business here.
>
> She emailed the officer on my behalf after I told her about an
> incident of denial of access in this guy's business because of my
> guide dog. the guy appeared to be Arab by his accent and he
> didn't care if he was violating the law - NO DOG.  I called my
> City Councilmember.  they gave me the number for San Diego
> Disability coordinator's office.  they said they only intervene
> if the access denial happened in a City owned building or office.
> they told me to go to the State AG office.  They were no help
> either - no real person to talk to and no way to get one.  I
> called the State CCB office and got someone from their guide dog
> grooup.  they told me to talk to our police department.  And this
> below is their response to the incident.
>
> "the situation you described is not criminal and that is what the
> Police Department deals with, Criminal matters.  What your friend
> is experiencing is a Civil matter.  I attached some basic laws
> that your friend with the Guide Dog should know or have been
> told.  These are very common laws that even businesses should be
> aware of.  There is a number at the bottom you can call for more
> help.  Good luck!
>
>
> Luis A. Roman
> "Louie"
> Community Liaison Officer (820s) & Facilities Mid-City Division,
> San Diego Police Dept.
> 4310 Landis Street, MS-785
> San Diego, CA. 92105
> Desk: (619) 516-3038
> Fax:   (619) 516-3058
> lroman at pd.sandiego.gov "
>
>
>
> This officer then attached a copy of a "Question and Answer"
> thing from the ADA.
>
>
>
> My question is how to enforce the law here????  The incident
> occured in early December while I was downtown before an
> appointment.  The store owner now thinks it's OK to keep service
> dogs out and that it is OK to do as he pleases in regards to
> obeying the laws of this country.
>
>
>
> Any California listers who read this - what do you recommend I
> do?
>
>
>
> Lyn and Landon
>
> 619-405-5554
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