[Nfbmt] in January 11th Bozeman paper... a story about a case relating to use of service dog

[Rik James]

Many of you may likely already know of this case.
But I post it to our discussion group, in case someone may wish to know.
www.dailychronicle.com to read more.
Rik


Discrimination suit against police appealed to high court

  Corey Hansen sued Bozeman police in 2012 after he had been refused service 
at the Bozeman C’Mon Inn because he had a service dog

  By WHITNEY BERMES
   Chronicle Staff Writer        A disabled Billings man whose 
discrimination lawsuit against the Bozeman Police Department was thrown out 
by a Gallatin County judge has appealed the decision to the state’s high 
court.
   Corey Hansen sued Bozeman police in 2012 after he had been refused 
service at the Bozeman C’Mon Inn because he had a service dog.
   Hansen’s Bozeman attorney, Michael San Souci, has asked justices to rule 
on two issues: whether officers violated their obligations under state and 
federal disability and public accommodation laws, and whether the District 
Court abused its discretion by denying Hansen’s     request to amend his 
complaint against the police and erred by ruling in the police department’s 
favor.
   Hansen requested that the Montana Supreme Court reverse the District 
Court’s ruling for the defense and its denial of Hansen’s request to file an 
amended complaint as well as award court costs.
   According to the suit:
   On Sept. 9, 2011, Hansen, a disabled veteran, was refused service at the 
Bozeman C’Mon Inn because he was accompanied by his seizure dog.
   Desk clerks told Hansen dogs were not allowed on the premises. Hansen 
argued that he had stayed at the hotel before with the service dog, and that 
his     fiancée had told the hotel about the dog when making reservations.
   After the clerks still refused to let Hansen register, he called police. 
Hotel staff also called police to assist with the argument.
   The three Bozeman police officers who arrived on scene told Hansen that 
the hotel was private property and that he must leave if he was ordered to 
do so. If he didn’t, the officers warned him he could be charged with 
trespassing.
   Hansen argues that the officers’ conduct aided, abetted or compelled the 
hotel to act in violation of the Montana Human Rights Act.
   Hansen filed a complaint about the     incident with the Montana Human 
Rights Bureau.
   The Montana Department of Labor and Industry awarded Hansen $15,000 after 
a hearing examiner determined the C’Mon Inn violated Montana discrimination 
laws.
   Michael Lilly, the attorney representing the police department, argued 
that it was the C’Mon Inn that refused Hansen a room, before officers 
arrived on the scene.
   “Hansen’s dissatisfaction is with the officers’ refusal to advise the C’Mon 
Inn that it was obligated to allow him to register and to force the C’Mon 
Inn to register him as a guest, not with the officers’ failure to respond to 
his call or to investigate his concerns,” Lilly wrote in earlier court 
documents in the case.          In September, Gallatin County District Judge 
Holly Brown ruled in favor of the police department. Brown ruled that law 
enforcement does not have a legal obligation to advise a business or a 
person of the civil rights of another, whether that’s any civil right or, in 
this particular case, under the Human Rights Act for people with 
disabilities.
   The refusal to give Hansen a room happened     prior to police arriving, 
Brown said.
   “The allegations here are not that the officers mistreated or in any way 
denied Mr. Hansen their services,” Brown said. “He may disagree with their 
decisions, but the court doesn’t find that there’s an allegation supported 
that he was denied the benefit of the Bozeman Police Department’s services 
by reason of his disability.”