[nagdu] Local business asks service dog to leave

Lisa Irving lirving1234 at cox.net
Sun Mar 6 05:17:41 UTC 2011 

Marion, yes, I neglected to acknowledge that; whatever the case with the 
man's disability, the clinic director was in error.

Lisa & Bernie
----- Original Message ----- 
From: "Marion Gwizdala" <blind411 at verizon.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Saturday, March 05, 2011 5:38 AM
Subject: Re: [nagdu] Local business asks service dog to leave


> 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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