[nagdu] Ownership of guide dog

[Marion Gwizdala]

Rebecca,
    Yes, those who have had their dogs repossessed without cause or due 
process certainly have the right to litigate this. The challenge is 
convincing them to do so and finding legal counsel willing to take it on a 
contingency basis. We do have the counsel, we just need to find the 
litigant. Civil action is very time consuming and most would rather just cut 
their losses rather than engage in the process.

Fraternally yours,
Marion



----- Original Message ----- 
From: "Pickrell, Rebecca M (TASC)" <REBECCA.PICKRELL at tasc.com>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Tuesday, March 20, 2012 2:49 PM
Subject: Re: [nagdu] Ownership of guide dog


> So if Fidelco's contract wouldn't hold up in court, can't the people who 
> had their dogs taken away go to court?
>
> Is this happening anyplace? If not, why not?
> Also, if it is illegal to have a contract written as Fidelco has written 
> theirs, how are the schools that don't grant legal ownership able to do 
> this froma legal perspective?  Is it that nobody has challenged them in 
> court?
>
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf 
> Of Marion Gwizdala
> Sent: Tuesday, March 20, 2012 7:43 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Ownership of guide dog
>
> Ava,
>    Since the contract one signs with the training programs is a legally
> binding agreement, should an allegation of abuse, neglect, or maltreatment
> be made, the terms of the agreement and their legality would be reviewed. 
> In
> the case of Fidelco, for instance, a legal expert in the area of consumer
> and ownership rights has told me the terms of Fidelco's agreement would
> likely be deemed unenforceable. It basically states, "You own your dog
> unless we decide you don't!" Such contradictory language is logically
> flawed.
>    As for the terms of other agreements I have seen, the programs 
> generally
> use the terms "evidence of abuse, neglect, or maltreatment" when referring
> to their right to repossess a dog. In such cases, I would assume the legal
> procedures and definitions of "evidence" would be used.
>
> Fraternally yours,
> Marion Gwizdala
>
>
>
> ----- Original Message -----
> From: "Ava Foster" <avapup.7 at gmail.com>
> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Monday, March 19, 2012 9:27 PM
> Subject: Re: [nagdu] Ownership of guide dog
>
>
>> Thank you all for your answers to my question about which programs
>> grant total ownership. It's not that I'd mind having a contract
>> stating a program could take a dog for abuse or such, but what worries
>> me is, who determines what constitutes that abuse, such as in the
>> example which I believe involved Fidelco. As an owner-trainer who
>> would NEVER abuse a dog, I'd hate to think that asking for help could
>> result in having a beloved family memer taken away. Thanks again! Ava
>>
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