[NYAGDU] Court Ruling Affirms Ownership of Guide Dog by Blind Handler
Marion
blind411 at verizon.net
Tue Jun 8 21:53:45 UTC 2021
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COURT RULING AFFIRMS RIGHT OF GUIDE DOG HANDLER'S OWNERSHIP
June 7, 2021
On March 4, 2021, without warning, without cause, and
without authority to do so, Southeastern guide Dogs cruelly and forcibly
removed the guide dog of Rev. Susan Blake, an Episcopal priest for the
diocese of Orlando. Deanna Miller, a guide dog mobility instructor from
Southeastern showed up at Rev. Blake's home unannounced and demanded to see
Rev. Blake's guide dog, Didi. Ms. Miller told Rev. Blake that Didi appeared
to be about four pounds overweight, a violation of their contract and a
cause for repossession. Ms. Miller literally pulled the harnessed guide dog
from Rev. Blake's arms as she pleaded with Deanna Miller to not take Didi
away.
On May 20, a Columbia County Sheriff's Office deputy, acting
upon a court order known as a writ of replevin, retrieved Didi from the
puppy-raiser's home where Southeastern had placed Didi. Representatives of
Advocates for Service Animal Partners traveled to Columbia County, retrieved
Didi, and returned her to Rev. Blake seventy-seven days after she was
snatched away.
On June 7, 2021, the Honorable Sara Carter held a
preliminary hearing in Columbia County Civil Court to determine whether Rev.
Susan Blake or the puppy-raiser is Didi's rightful owner. The judge's
preliminary ruling is that Southeastern Guide Dogs had no legal right to
repossess Rev. Blake's dog without an injunction for specific action as
provided for in their "Transfer of Ownership" agreement. Judge Carter
affirmed Rev. Blake owns Didi and she should remain with Rev. Blake until
the final hearing. A final hearing will be held in the near future in which
the puppy-raisers will be afforded the opportunity to contest these findings
of fact.
"This is a major victory for guide dog users across the
country explains Marion Gwizdala, president of Advocates for Service Animal
Partners which supported and guided Rev. Blake through this process. "The
judge has ruled that Southeastern Guide Dogs cannot interfere with our right
to own our guide dogs without a court order."
Gwizdala contends Southeastern Guide Dogs is not the only
guide dog training program that treats their consumers with such cruelty and
disregard for their fundamental right of due process by employing
intimidating heavy-handed authoritarian practices. This ruling puts those
training programs on notice that their blind consumers will not stand for
this Draconian maltreatment.
"This case has created a lot of buzz within the guide dog
training industry," asserts Gwizdala. "It is causing them to review their
policies and practices to ensure they are treating their blind consumers
with dignity and respect." Says Gwizdala.
About ASAP
Advocates for Service Animal Partners (ASAP) is a network of
volunteer service animal advocates. Our goal is to encourage, educate, and
support service animal handlers through printed and electronic publications,
Informational webinars, recorded educational materials, and direct advocacy
support, intervention, and mediation. In support of this mission, we also
work to educate employers, governmental entities, private companies, housing
accommodations, and the airline industry about the rights, responsibilities,
and limitations of access under state and federal law. For more information,
please contact
Marion Gwizdala, President
Advocates for Service Animal Partners Inc.
<mailto:Advocacy411 at gmail.com> Advocacy411 at gmail.com
386-2727411 (386-ASAP411)
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