[nagdu] Bad Dogs And The Law

[Applebutter Hill]

Sandra,
This post is very powerful. Despite the fact that I knew about some of what
you experienced with the other guide dog handler and your needing to move,
it still makes me nuts with rage. I don't know the answer to any of this,
but I think we need to change the paradygme whereby the only recourse we
have is to file a complaint under the ADA, a process I have been through and
which I believe to be thoroughly flawed.

There was a time when you could call the local police and they would set
people straight, but with the ADA, the buck gets passed totally away from
any local intervention. One example is a case in Texas that DOJ decided to
take to court last spring. It involved a disabled vet with a service dog,
who wanted to rent a room for his family (6 kids, if I remember). The motel
operator refused to let him stay, he called the police, and all they did was
escort him to the nearest Best Western where they got a room. It's accepted
that the local police don't even bother, and if they tried, what teeth do
they have. These situations should be handled on the spot, not 2 years
later, as mine was.

I must also say that I am getting sick and tired of it all being placed on
our shoulders to "educate the public." The ADA will be 25 years old and
things are worse than they were when I got my first dog in '71. It's a
complaint-driven law, designed to put the responsibility for enforcement on
the people theoretically needing the protection. No one is going to get the
message till we make it so painful for them to disregard our rights that
they have no interest in a second incident. Doing that one establishment at
a time is ridiculous. Some of these incidents, such as yours, are far more
damaging to people than minor fender-benders, but the cops are all over
them.

Anyway, end of rant. I'm glad you're away from that place you used to live,
but you should have had help from the people who were there. As for the
schools, my experience is that they like to sweep things under the rug. I
wrote to GDF and was blown off rather rudely, IMO.
Donna & Hunter

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of S L Johnson via
nagdu
Sent: Wednesday, March 04, 2015 3:20 PM
To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
Subject: [nagdu] Bad Dogs And The Law

Hello:

I apologize in advance for the length of this message.  This is a very
important topic.  I have three examples of very bad behavior with dogs in
public.  I think a lot of the problem is that we need to better educate
about the ADA,  our rights and responsibilities, as well  as the rights and
responsibilities of places of public accommodation.  I have found that
Business owners and landlords do not understand that they can ask that a
person with a poorly behaved dog be removed from the premises.

My neurologist recently told me about another patient who comes in with her
emotional support dog who is very out of control.  The woman said the dog
helps her with her depression and anxiety.  She lets the dog walk along with
her without a leash and it will run up and down the halls barking and
jumping on people.  The doctors and office staff are not comfortable with
this dog in the office.  They are afraid it might injure a patient when it
is running around off leash.  This dog has left patients and staff nervous
whenever they see anyone come in with a dog.  When I approached the check-in
counter with Eva, a new staff member, who did not know me,  became very
nervous until other staff reassured her that my dog was always very well
behaved and never off leash.  During that same appointment an elderly
doctor, who was escorting an elderly patient,  was very afraid when I had to
pass him in the hall.  The nurse who was with me said he had been knocked
down by that other dog before.  It is people like this who make it more
difficult for us and our guides.  They were amazed when I informed them that
the law clearly states that emotional support dogs are not considered
service dogs under the ADA and if a service dog was out of control they
could ask that it be removed.

I had another encounter in a department store with a lady who claimed her
dog was a puppy in training for a service dog school.  I questioned this
because according to sighted staff, this dog did not have any identifying
cape or collar that indicated he was a puppy in training from any
organization.  Furthermore, the dog was extremely poorly behaved.  I've
spoken to puppy raisers from guide dog schools so, I know they have very
strict guidelines about behavior in public places.  The woman said her dog
was almost a year old.  By that age, he should have been under better
control.  The minute he saw my guide dog, he began to lunge, jump, bark and
growl.  I tried to tell this lady to get her dog away from my dog but she
said it was fine because her dog only wanted to play.  If she really was
training him for a service dog, then she should have taught him that such
bad behavior was unacceptable.  I was angry and also embarrassed.  I didn't
want anyone thinking that I approved of this behavior.  I attempted to walk
away from her but, she kept following me saying it was great experience for
her dog to see another service dog in the store.  I might have offered some
training suggestions if she was  correcting  him and teaching  him proper
behavior in public places.  Unfortunately she made no attempts to stop him
and in fact seemed to be encouraging him by wanting him to play with my dog
even though she was in harness trying to do her work.  Finally a store staff
came and helped me get away.  They apologized but said what could they do,
service dogs are allowed and they would get in trouble for making her leave
with him.  I immediately informed the store manager that they had the right
to ask the woman to remove her dog because he was out of control and a
potential threat to  customers and service dogs.

My third example was several years ago.  I had just returned home with a new
dog.  Tara, my  small golden was constantly being attacked by a very large
male lab guide dog.  The apartment manager and landlord claimed they
couldn't do anything because the man was blind and the dog was his eyes.  I
gave them copies of the ADA with the section highlighted that said they can
ask that the dog be removed if he was out of control and endangering the
safety of other tenants and service dogs.  Unfortunately it didn't convince
them to take any action against this other tenant and aggressive dog.  Local
law enforcement also refused to get involved because the man was blind.  A
police Chief and an Animal Control Officer even went so far as to tell me
that my dog shouldn't be such a wimp.  Everyone kept telling me that my dog
was the one who shouldn't be working because she was too sensitive.  The end
result is that I was forced to move in order to get Tara away from multiple
daily attacks.   What made me so upset is that nobody took responsibility.
The handler didn't care if his dog was constantly attacking mine.  The
manager and landlord didn't care if I, and my well behaved guide dog were in
danger in under a lot of stress.  I was all alone without support because
everyone didn't know the laws and refused to make a decision.  They were so
afraid that the blind man would sue them for discrimination that they just
let him get away with putting me and my dog in danger.  I, the innocent
victim and my innocent guide dog were the ones who had our lives turned
upside down because housing and law enforcement officials did know the law
and refused to learn even when presented with the proof that I was right.

I was also extremely frustrated that the guide dog school that had put out
this aggressive dog refused to take any action.  A school should be
responsible to ensure that all dogs they put out are well behaved.  If a dog
develops a serious behavior problem or becomes aggressive once it is out
working, then the school should immediately offer training support or if
necessary a replacement dog.  Despite numerous calls from my guide dog
school,  the other school took no action.  We must insist that the guide dog
schools are accountable and are held responsible.
Also, we, the handlers must speak up.  All too often people are too afraid
to confront their schools for the quality of training or the dogs they are
putting out.  I often hear handlers complaining among themselves but, not to
their schools.  Things will never change unless we speak up to let them know
we insist on a higher standard of breeding, training, follow-up services and
health screening.  For example, My last dog Tara was sent out even though
the vet saw the defect on her hip x-rays before class.  It was very
irresponsible of them to put her out but, that topic is for another
discussion.  I only mention it because it is an example of when we should
speak up and let the schools know we are not satisfied.  I know it is hard
to give up a dog once you are attached but, if the dog's behavior or work
are not good, then insist your school help you with the problem or give you
another dog.

Also, we have to hold ourselves accountable.  I've often been in situations
where I've seen handlers whose dogs were barking, growling and lunging at my
dog.  They get mad when I speak up and inform them that this behavior is not
appropriate.  I've seen guide dogs jump and grab food and the handler laugh
it off and not correct their dog.  Oh, by the way, if my dog ever did grab
something, it would be my responsibility to pay for it.  The store or
restaurant owner should not have to pay because my dog grabbed something.
The same would hold true if my dog were to cause damage to any property.  It
would be my fault if I, the handler failed to control my dog.  If a handler
just ignores it and walks away, it makes it bad for all other guide dog
handlers.  As hard as it is to do, we all must not be afraid to speak to
another handler about their dog's behavior or if the handler should be more
responsible.  One bad handler with one bad dog makes it more difficult for
all of us.

It is obvious from these three examples and many more we have heard about,
that more education is necessary.  You would think that anyone owning a
business or managing public housing would know the laws but, obviously they
do not.  More shocking is that law enforcement refused to help and obviously
do not know and understand the ADA and service dogs.  I do not think more
laws will help this situation but, I also can see that lawmakers are
scrambling to find a solution to a serious problem.  We need to all be
active now to try to educate them and to be part of the discussion.  Right
now, it is a few states trying to pass laws so people say we'll fight down
each state that tries to pass a law.  The problem is while we waste time and
resources fighting each individual state, someone on the federal level might
get the idea that the only solution is to amend the ADA to make it mandatory
for us to show proof of disability and that our dogs were trained by
approved organizations.  I would hate to see that day come because it would
take away our civil rights but, without our input, who knows what our
government will do.  One person alone might not make much progress but, with
all of us working together, good things can happen.

Sandra and Eva


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