[nagdu] Local business asks service dog to leave

Sat Mar 5 13:38:13 UTC 2011

Lisa,
    Whether or not this person has a disability or that the dog is a service 
dog seems irrelevant to me. ASsuming these are so, the clinic is in error in 
their thinking. If they believe they can refuse access to a person with a 
disability accompanied by a service dog because they can perform the tasks 
for the person the dog is trained to perform, is contradictory to the 
guidance offered by the CDC. If I were to go to this clinic, I assume, they 
would require me to not use my guide dog.

Fraternally yours,
Marion


----- Original Message ----- 
From: "Lisa Irving" <lirving1234 at cox.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Friday, March 04, 2011 12:14 AM
Subject: Re: [nagdu] Local business asks service dog to leave


>
>
> Marion, as usual, you broaden how I view issues centered around service 
> dog matters. Thank you.  I don't have  the impression that this person has 
> a disability that is protected under the ADA. Also, the dog owner made 
> mention of feeling safe and, I think, not feeling anxious. That sounds 
> more like an emotional support dog.  ----- 
> From: "Marion Gwizdala" <blind411 at verizon.net>
> To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
> <nagdu at nfbnet.org>
> Sent: Thursday, March 03, 2011 7:25 AM
> 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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>>
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