[nagdu] service animals and law enforcement assistance

Fri Jul 11 12:45:36 UTC 2014

	I am commenting on this message as an individual, not in any
official capacity with the NFB or NAGDU. During graduate school I was
required to take a course in ethics. In this course, "ethics" was defined as
"compliance with the unenforceable". Though it may not be anyone's
responsibility to help this woman, I believe it is each individual's moral
and ethical responsibility to lend aid to someone in distress. As so many
have already stated, it seemed there were a number of people in a position
to help this woman, not the least of whom was the police officer. Though law
enforcement is not obligated in any way to assist, there is a long history
of first responders assisting animals in distress, such as pets caught in
trees, storm drains, and locked in vehicles. The fact that this woman is
blind and uses a service animal aside, an animal in serious distress seems
to create an ethical responsibility for a public official to act.

	I feel it is reprehensible that no one, especially a public servant,
had the compassion to help this woman in a time of need. It is my hope that
this story will touch others to get involved when they find a fellow
traveler on this planet in need of assistance. I also believe the police
officer should be appropriately reprimanded, not because the woman was blind
but because the woman needed help that could have possibly saved her dog's
life. JMHO!

Fraternally yours,
Marion Gwizdala

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Laurel and
Stockard via nagdu
Sent: Thursday, July 10, 2014 11:47 PM
To: Nicole Torcolini; NAGDU Mailing List, the National Association of Guide
Dog Users
Subject: Re: [nagdu] service animals and law enforcement assistance

I would really like someone with legal knowledge as well as NAGDU knowledge
to comment here and let us know what we have a right to expect legally, what
we don't have the right to expect, and what is being advocated for by NAGDU
in this area. I have not heard this legal area discussed much, and agree
that it tends to be a gray area. As someone who is about to move out of
state and doesn't know anyone, if something were to seriously happen to
Stockard, law enforcement may be the only people who I could get to help me,
but I'd be scared because I'd be unsure as to what legally I am or am not
entitled to. A NAGDU blog post or commentary on this subject would be
helpful I believe.

Laurel & guide dog Stockard
Scentsy Independent Consultant
https://laurelwheeler.scentsy.us

On Jul 10, 2014, at 10:31 PM, Nicole Torcolini via nagdu <nagdu at nfbnet.org>
wrote:

> A couple of things. First, as is with a lot of things, if you are not 
> part of the solution, then you are part of the problem. As many have 
> already said, why didn't anyone help or at least ask what they could 
> do? Second, maybe the police officer did not have a legal obligation 
> to help or might have gotten in trouble for helping, but, JMHO, if you 
> are going to talk the talk, then walk the walk. Even if it means 
> getting in trouble, if you are going to be something like a police 
> officer, you are going to fall under more scrutiny, and people are 
> going to look to you as an example. I bet a million dollars that, if 
> the police officer had done at least something minor, more people 
> would have stepped up to help. And, finally, just because it is the law to
do or not do something does not mean that it is right.
> People may not have legal obligations, but they do have moral obligations.
> With great power comes great responsibility. Humans are intelligent 
> and have more control of making choices rather than following 
> instincts, yet, ironically, it seems to sometimes do us more harm than
good.
> 
> Nicole
> 
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray 
> via nagdu
> Sent: Thursday, July 10, 2014 7:26 PM
> To: Jenine Stanley; NAGDU Mailing List,the National Association of 
> Guide Dog Users
> Subject: Re: [nagdu] service animals and law enforcement assistance
> 
> Thing is, I had a sense from what it sounded like in the report that 
> the dog which began vomiting could behave had bloat. I think it would 
> be decent if someone would have offered assistance, but in 45 minutes 
> one could call a cab. Of course maybe I wouldn't have thought of it. 
> Once I fell on the sidewalk and there was blood gushing out of my face 
> and splashing on my dog's head. Someone (a young person) asked if my 
> dog was OK. I said that he was but I was not. That person said, "Oh." 
> Then he walked away. Should I have had help? Well, maybe yes maybe no. 
> I just walked anyway till I got home. I wasn't dying of course, but it 
> was an extenuating circumstance. I guess my point is that people 
> simply don't reach out at times like that as much as they should even 
> though they are willing to tell us we are now outside or on the grass or
whatever.
> 
> Cindy
> 
> On Jul 10, 2014, at 6:36 PM, Jenine Stanley via nagdu 
> <nagdu at nfbnet.org>
> wrote:
> 
>> Did I miss something in these reports? Was the dog struck ill while
> working, such as by heat stroke? Was it injured? Was the woman on her 
> way to the vet when this happened?
>> 
>> I'm assuming florida has a Good Samaritan Law that covers people 
>> including
> law enforcement personnel against being sued for transporting a human 
> and I'm sure this would extend to a service animal as defined under 
> Florida law given that the animal is an extension of the person if the 
> law words it that way. That would be the question for the legal minds
among us.
>> 
>> I too can't believe no one else offered to take the person and dog 
>> the
> mile it took to get to the vet. I don't know what else this woman 
> might have tried to do but I'd have called the vet's office as well. 
> Of course we can all armchair quarterback this situation to death but 
> what if it was one of us whose dog was injured or ill and could not go 
> on to get us where we needed to go?
>> 
>> No, agree that law enforcement and emergency services should not have 
>> to
> take us to the vet if our dogs fall ill at home. When out and about 
> though, is there that Good SSamaritan obligation?
>> 
>> Being friends with many of our local police officers, I can't imagine 
>> one
> of them not breaking every rule to get someone with a service animal 
> to the vet in an emergency like this but then again, who knows.
>> 
>> The sad part is that this woman's dog is dead and whether it could 
>> have
> been prevented by her or by someone simply offering her a ride, she 
> will have to live with it for the rest of her life. Not a fun thing.
>> Jenine Stanley
>> jeninems at wowway.com
>> 
>> http://www.twitter.com/jeninems
>> 
>> 
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> 
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