[nagdu] Local business asks service dog to leave

Thu Mar 3 15:34:19 UTC 2011

Marion, 

No, the Department of Justice does not issue any type of certification for
service animals. 

The thing that bothers me about the situation is that the doctor running the
clinic does not even seem to care about the law, regardless of whether this
animal is legitimate or not. He is convinced, by the line about there being
so many doctors hence no need for a service animal and that is very
troubling. 

I'd be curious though too about the animal's exact training and performance
of tasks. I suspect that a lot of people who have such dogs that accompany
them don't understand task training versus random behaviors.

Jenine Stanley

jeninems at wowway.com

From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Marion Gwizdala
Sent: Thursday, March 03, 2011 10:01 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Local business asks service dog to leave

Dear All,
    There are some inconsistencies in this article. On the one hand, the
subject points to tags "issued by the department of Justice". I have never
heard of such tags nor do I believe the DOJ issues such things. Secondly,
the article correctly states that no documentation can be required as a
ccondition of access, yet the DOJ issues special tags? What are the tags
for, if not to identify?
    The other question I have concerns the training the dog has received.
Does it alert the subject and then respond with a task it was trained to
perform or are its behaviors urely innate, unconditioned reactions? Is this
really a "service dog" under the definition or is the person trying to pass
it off as such. It will probably be resolved without litigation, but it
would be an interesting test case to see if the dog would pass muster as a
service animal.

fraternally yours,
Marion

----- 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: Thursday, March 03, 2011 8:55 AM
Subject: [nagdu] Local business asks service dog to leave

> Local business asks service dog to leave
> Reporter - Lauren Adams
> Story Created: Mar 2, 2011 at 4:54 PM CST
>
> PADUCAH - Eric Tabor's small black and tan daschund can fetch and
> even give a high-five.   And there's one other thing that might
> impress you: Georiga even knows how to save her owner's life.
>
>
> Eric Tabor said it all started last year. "She laid her head on
> my shoulder, directly over my heart."
>
> Tabor ignored it but Georgia kept at it.
>
> Eventually, he caved and went to his doctor.  Turns out Tabor had
> an irregular heartbeat and needed a pacemaker.
>
> "She's an amazing little dog," Tabor said.
>
> In the year since, Georgia has not left his side. Tabor also
> suffers from seizures and sleep apnea, which means he can stop
> breathing during his sleep.
>
> Because of her abilties to detect certain health problems and
> alert others when Tabor is in danger, she is now considered a
> service dog.
>
> "They're actually put out by the Department of Justice," Tabor
> said of the tags she wears on a bright pink harness.
>
> He said that tag was all but ignored Tuesday.
>
> "I just know its not right."
>
> He had come to Comprehensive Premier Medicine for a checkup with
> Georgia by his side.
>
> "They told me I could not have her. That it was against their
> health regulations, their laws for the clinic."
>
> But Georgia is covered under Federal Law.  Under the Americans
> With Disabilites Act, "service dogs must be allowed to go
> anywhere their handler goes."
>
> Also under the law, "It is illegal to ask for any special
> identification from Service Dog partners.  Some carry ID cards
> and may present them voluntarily."
>
> Tabor said he tried to present the tag. Even still, he was asked
> to take Georgia elsewhere.
>
> On Wednesday, the clinic defended their decision, saying the dog
> posed a health risk to other patients.
>
> Tabor said the biggest risk is not having Georgia.
>
> "It's a security thing. I need her."
>
> Tabor, as it turns out, is moving to South Carolina next week and
> it is likely he will not even be back to the clinic in question.
> But he wanted to change things for other people with service
> animals.
>
> Clinic owner Dr. Robert Meriwether said he regrets upsetting
> Tabor but stands by his decision.  He said he understands the
> importance of service animals but added in a setting surrounded
> by doctors, they are simply not needed.
>
> So, what do you think? Should Tabor get to keep Georgia with him,
> even at the clinic? Or was the clinic right to refuse? Join the
> conversation below.
>
> Kelley Wiseman7:17 am
> Absolutley Yes!!!! They cannot legally be refused. Can you say
> big time lawsuit that a dead ringer win....or at least I would if
> I was him
> Message
> Martha Stamper5:58 am
> Yes Tabor should have been allowed to have the dog with him at
> anytime and anywhere. The Clinic was wrong and should be taken to
> court over the matter since the dog was legal to have with the
> man under Federal Law.Dr. Meriwether should be brought up for
> violation of the mans rights under Federal law. This dog did not
> cause any health risk to other patients, just the opposite would
> have been experienced since patient jitters before seeing the
> doctor may have been reduced by the presents of the dog. How mean
> of this so-called doctor! The clinic should be shut down if no
> more care about patients is shown than this!
> Message
> Elaine Lake1:20 am
> As others have said, the DOJ does not put out any type of service
> animal tags PERIOD!
> The doctor cannot make up his own rules for his clinic. I do not
> think that Dr. Merriweather is going to help with my wheelchair
> movement, pick up items that I drop, help with my transfer from
> my wheelchair to the toilet or any of the other tasks that my
> service dog does. Also service animals can be medical alert dogs
> and alerting to a medical condition is not normally a trained
> task. As Mr. Tabor stated, Georgia does alert and respond to his
> sleep apnea and his seizures. That makes her a service dog under
> the law provided Mr. Tabor is considered disabled by the ADA
> definition.
> Message
> Steffeny Muller12:42 am
> Service Dogs have to be specifically task trained to mitigate a
> disability. Alerting to a problem is not considered a task. High
> fives are not condiered a task to mitigate a disability. It seems
> that she may be a good dog to have around, but there is nothing
> she is trained to do to help Mr. Tabor. Therefore she is not a
> Service Dog and not covered by he ADA. By the Way, the DOJ does
> not put out any sort of tag, patch or other certifications for
> Service dogs. Please people do the research!
> Message
> Erica RodmanMar 2
> "They're actually put out by the Department of Justice," Tabor
> said of the tags she wears on a bright pink harness.
>
> I really wish people would fact-check. The DOJ does not issue any
> sort of "tag" for service dogs.
> Message
> Bethany McCartyMar 2
> That's crazy - the dog should have been allowed regardless!
> Message
> Francine JohnsonMar 2
> The Justice Department most certainly DOES NOT put out tags for
> service dogs, and to report as such is irresponsible journalism.
> Message
> Mandy BrianMar 2
> Service animals are those for a reason and yes they should
> definitely be allowed anywhere and everywhere. If the owner's
> didn't have to have them then they wouldn't be considered service
> animals.
> Message
> Mike SpencerMar 2
> "Their Health Regulations"? Their Laws"? Sorry Dr. Meriweather.
> You can't make laws concerning service animals. The dog was
> probably cleaner than half of your patients. Maybe you could
> avoided all this and rushed Mr. Tabor's appointment and got him
> out of there and everybody would be happy.
> Message
> Dwain H KochMar 2
> As a disabled person, I find the clinics actions highly
> offensive. Someone coming to the clinic with a cold has a greater
> chance of causing an infection than this service dog.
> Message
> Pj Horst McconougheyMar 2
> I can't choose sides as once again there are two views, neither
> one of them totally right or wrong. If she is indeed a service
> dog and indeed goes with Mr Tabor everywhere then the doctor
> appears to have made a wrong choice. One does have to wonder what
> would he have done with a seeing eye dog or a dog for the deaf.
> Bud do I think he did it to hurt anyone? No I don't. The doctor
> made a decision to protect all of his patients including Mr
> Tabor. A question also must be asked is this the first time this
> has happened. Has it happened in other clinics? How does a clinic
> handle the service dog and their other patients? How can this
> problem be remedied? What can the doctor/clinic and the service
> dog owner do to alleviate this problem for I really doubt this is
> the first time for this and if it is it probably won't be the
> last unless something is done.
> Message
> Vickie BryanMar 2
> I think that it was wrong. If Mr Tabor had been blind and Georgia
> had been a seeing eye dog, would the clinic have asked him to
> leave?
> Message
> Wanda Donson HallMar 2
> I think Mr. Tabor should file a complaint with the ACLU. The
> doctor's opinion about whether the service dog was needed or not
> does not matter. The law is very clear & the doctor clearly broke
> the law - he should be held accountable. What if Mr. Tabor had
> been blind & his dog was a seeing-eye dog - would Dr. Meriwether
> have refused to allow the dog in his clinic? The only difference
> between a service dog & a seeing-eye dog is the services they
> perform. SHAME ON DR. MERIWETHER!!!
> Message
>
>
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