[nagdu] Local business asks service dog to leave
Albert J Rizzi
albert at myblindspot.org
Thu Mar 3 16:14:18 UTC 2011
Very true buddy. Thanks for pointing that out.
Albert J. Rizzi, M.Ed.
Founder
My Blind Spot, Inc.
90 Broad Street - 18th Fl.
New York, New York 10004
www.myblindspot.org
PH: 917-553-0347
Fax: 212-858-5759
"The person who says it cannot be done, shouldn't interrupt the one who is
doing it."
Visit us on Facebook LinkedIn
-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Buddy Brannan
Sent: Thursday, March 03, 2011 11:10 AM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: Re: [nagdu] Local business asks service dog to leave
On the other hand, the dog *may* be trained, extending it innate abilities.
This isn't clear from the story.
--
Buddy Brannan, KB5ELV - Erie, PA
Phone: (814) 860-3194 or 888-75-BUDDY
On Mar 3, 2011, at 10:37 AM, Albert J Rizzi wrote:
> Dear all,
> In this instance it does not appear as though the dog had any formal
> training, however, do not negate the truth that many dogs are in fact
being
> trained and used for alerting individuals to such things as seizure
> disorders, diabetic issues, so it is not out of the realm of possibility
> that dogs could in fact be trained to detect issues such as the one
> presented in this article. However, training would distinguish pets who
are
> acting innately versus some sort of formal training. I wonder. When
> compared with the owner trainers on this list how an owner trained alert
dog
> would fair under the laws?
>
> Albert J. Rizzi, M.Ed.
> Founder
> My Blind Spot, Inc.
> 90 Broad Street - 18th Fl.
> New York, New York 10004
> www.myblindspot.org
> PH: 917-553-0347
> Fax: 212-858-5759
> "The person who says it cannot be done, shouldn't interrupt the one who is
> doing it."
>
>
> Visit us on Facebook LinkedIn
>
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Marion Gwizdala
> Sent: Thursday, March 03, 2011 10:26 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Local business asks service dog to leave
>
> Dear All,
> Another interesting aspect of this article is at the end. The clinic
> director asserts "in a setting surrounded
> by doctors, they are simply not needed." Guidance from the CDC
specifically
> states, "
>
>
>
>
> Health-care personnel may not exclude a service animal because health-care
> staff may be able to perform the same services that the service animal
does
> (e.g., retrieving dropped items and guiding an otherwise ambulatory person
> to the restroom). Similarly, health-care personnel can not exclude service
>
> animals because the health-care staff perceive a lack of need for the
> service animal during the person's stay in the health-care facility. A
> person with a disability is entitled to independent access (i.e., to be
> accompanied by a service animal unless the animal poses a direct threat or
a
>
> fundamental alteration in the nature of services); "need" for the animal
is
> not a valid factor in either analysis.
>
> If what this article reports, the clinic violated this person's civil
rights
>
> under the ADA. Now, if the person chooses to file a complaint against the
> doctor, the person must demonstrate that they are a lperson with a
> disability and then must demonstrate that the dog meets the definition of
a
> service animal.
>
> Fraternally yours,
> Marion Gwizdala
>
>
>
>
>
>
> ----- 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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