[nagdu] East Naples couple claim Hawaii hassle over their service dog

[Ginger Kutsch]

East Naples couple claim Hawaii hassle over their dog

Kona is a service dog owned by Robert Taylor of east Naples. / Andrew
West/news-press.com

Written by Mark S. Krzos

URL:
http://www.news-press.com/article/20120716/NEWS0119/307160009/0/BUSINESS/Eas
t-Naples-couple-claim-Hawaii-hassle-over-their-dog?odyssey=nav%7Chead

 

An east Naples couple say they are fighting for the rights of the disabled
and hope to raise awareness of those who use service dogs after a recent
confrontation that, they say, turned physical.

 

The couple, who were on vacation at Hawaii Volcanoes National Park in early
May, will return Wednesday to fight charges issued by U.S. park rangers.
Robert Taylor, a 48-year-old disabled Navy veteran and his wife, Lauri
Housworth, a Naples dentist, received a pair of $275 citations for failure
to obey a lawful instruction. Taylor received another $75 citation for
failure to crate, restrain or confine a pet.

 

The couple and Taylor's service dog, Kona, were having a cookout May 10.

 

According to Taylor, Anthony Lutz, a park ranger, pulled up to their
campsite, put his hand on his weapon and demanded to know the couple's
identity and why they were there. Taylor said he explained that they were
staying nearby and having a cookout.

 

"He acted like he didn't believe us," said Taylor, who walks with a cane and
the assistance of Kona. "We asked him why he was questioning us and he
wouldn't say."

 

Lutz then turned his attention to Kona, said Taylor, adding that the German
shepherd was leashed and wearing its service dog vest. Lutz told Taylor that
he couldn't have his dog there. Taylor explained that Kona was a service
dog.

 

"He then ordered me to show ID for the service dog," Taylor said. "I told
him, 'Sir, according to federal law, he doesn't have to have an ID card.'"

 

Housworth then attempted to find a third party - the front office of the
campground. But Lutz wouldn't let her leave and stood by the car.

 

"I couldn't hear what they were saying, so I go over with Kona and lean on
the car door . Next thing I know (Lutz's) hand is on my chest and he gives
me a good, hard shove to the shoulder," Taylor said.

 

The force knocked Taylor to the ground, breaking a dental bridge in his
mouth and briefly knocking him out, according to a complaint filed by
Housworth.

 

Lutz attempted to help him back up. "He said, 'Are you OK?' I told him,
'Don't touch me. You assaulted me," Taylor said.

 

Lutz then called for backup and paramedics, announcing that Taylor had
fallen, Taylor said.

 

"I told them I want to press assault charges," Taylor said. "I must have
said it 10 to 20 times."

 

Talmadge Mango, chief ranger at the park, said an internal investigation is
under way. U.S. park police Capt. Jeff Wasserman in Oakland, Calif., said no
charges have been filed against Lutz, Wasserman said.

 

"There is no indication that anything like that happened," Wasserman said.

 

Accusations that Kona wasn't leashed are false, Taylor said. When Taylor and
Housworth arrived at the park another woman had her dog running loose near
some endangered geese. Once she saw the couple arrive, she leashed Kona.

 

Lutz's initial reaction to the couple and Kona could have been a case of
mistaken identity, Taylor said.

 

He also says the charges against him and his wife should be thrown out.
Taylor points out that the case against him hinges on whether service dogs
are allowed to be off leash in a national park. In a letter written by
Wasserman dated June 27, he writes: "Unless I'm missing key language in
either law or NPS policy, with very few exceptions, it is clearly a
violation of federal law to have any dog, including a service dog, off leash
in any national park."

 

Taylor believes the case against him is based on a strict interpretation of
a U.S. Department of the Interior directive. A 2002 memo from director Fran
Mainella states that parks "shall modify policies, practices, or procedures
to permit the use of a service animal by an individual with a disability."

 

The memo states that service animals will not be considered pets and, in
general, "must be allowed wherever visitors or employees are allowed."

 

Wasserman states that a dog is only a service animal when it's functioning
as one and that it can be considered a pet.

 

"All dogs are to be leashed in the park," Wasserman told The News-Press.
"It's about protecting other visitors and endangered species. All service
dogs are welcome in the parks."

 

But Ken Shiotani, an attorney with the National Disability Rights Network,
said interpretation of the law can be confusing.

 

"Service dogs are helpful with a whole range of disabilities. Back then,
most service dogs were seeing-eye dogs," he said.

 

Because of Taylor's frequent seizures, Kona needs to be able to run and
alert his wife, Taylor said. In instances like this, Shiotani said, the dog
wouldn't have to be leashed.

 

Even so, Taylor insists Kona was never off leash.

 

Wasserman asserts Housman's attempt to bring the campground's front desk
into the fray was an attempt to flee and that Lutz was "legally empowered"
to detain the couple.

 

Wasserman said Taylor has been less than helpful with his investigation.

 

"He never provided information to document (that Kona) is a service dog,
that he's trained to do anything or even what Mr. Taylor's disability is,"
Wasserman said. "He's not cooperating in any way."