[nagdu] update on Minnesota Guide Dog Attack

Sun Nov 8 12:29:04 UTC 2009

Good morning,

Does Minnesota have any laws in place that protect service animals? 
Wisconsin does, please read on...it might be worth advocating this level of 
change.

Steve & Misha

06Lb8[1].pdf
2
Legislative Briefs
from the Legislative Reference Bureau
12
Legislative Brief 06?8 June 2006
SERVICE ANIMALS
2005 Wisconsin Acts 353 and 354, passed
by the legislature and signed by Governor Jim
Doyle on May 2, 2006, both concern the treatment
of service animals and their owners in
Wisconsin. Act 353 makes it a crime to harass
a service dog and provides penalties. Act 354
amends the Wisconsin public accommodations
law to conform to the federal Americans
with Disabilities Act and provide for the full
and equal enjoyment of places of public
accommodation by persons using or training
service animals.
2005 WISCONSIN ACT 353
Act 353 was introduced as 2005 Senate Bill
181 by Senator Fred Risser and cosponsored
by Representative Terese Berceau. It is known
as "Casey's Law" in recognition of the unfortunate
experience of a service dog and her
owner. Casey, a boxer who assisted a woman
with impaired vision, was attacked by loose
dogs three separate times during a walk. Her
owner had no legal recourse to keep dogs from
interfering with Casey's work.
Act 353, Casey's Law, creates new crimes
related to the harassment of service dogs and
requires a person convicted of harassing a service
dog to pay restitution for any pecuniary
loss, as defined in the act, suffered as a result of
the crime. The act defines a "service dog" as a
dog that is trained for the purpose of assisting
a person with a sensory, mental, or physical
disability or accommodating such a disability
(Section 951.01 (5), Wisconsin Statutes).
The new law allows any person to provide
notice to another person that his or her behavior
is interfering with the use of a service dog
notice may be given in any manner. After
receiving that notice and request, a person
may not recklessly or intentionally interfere
with the use of the service dog by obstructing
or intimidating the dog or otherwise jeopardizing
the safety of the dog or its user. In addition,
the act prohibits recklessly or intentionally
allowing one's dog to interfere with the
use of a service dog. Recklessly interfering is
a Class B misdemeanor, which is punishable
by a fine of $1,000 or imprisonment for 90 days
or both. Intentionally interfering is a Class A
misdemeanor, which is punishable by a maximum
fine of $10,000 or imprisonment for 9
months or both. If a person recklessly injures
a service dog or recklessly allows his or her
dog to injure a service dog, he or she is also
guilty of a Class A misdemeanor.
Under the act, a person who intentionally
injures a service dog or intentionally allows his
or her dog to injure a service dog is guilty of a
Class I felony, which is punishable by a fine of
$10,000 or a sentence of imprisonment and
extended supervision for 3.5 years or both.
Recklessly causing the death of a service dog is
also a Class I felony.
Finally, the act makes it a Class H felony to
intentionally cause the death of a service dog,
which is punishable by a fine of $10,000 or
imprisonment and extended supervision for 6
years or both. A person who unlawfully takes
possession of or exerts control over a service
dog with the intent to deprive someone of the
use of the dog is also guilty of a Class H felony.
In addition to imposing criminal penalties,
Act 353 directs a sentencing court to
require a violator to pay restitution for any
and to request that the behavior stop. The pecuniary loss suffered as a 
result of the crime.
Reference Desk: (608) 2660341
Prepared by Lauren Jackson, Legislative Analyst
Web Site: www.legis.state.wi.us/lrb
? 2 ?
LB?06?8
The act defines "pecuniary loss" to mean any
of the following:
?
all special damages, including the loss resulting from property taken, 
destroyed, broken, or otherwise harmed and outofpocket losses such as 
medical expenses;

?
reasonable outofpocket expenses resulting from the filing of charges or 
cooperating in the investigation and prosecution of an offense;
?
expenses in keeping any animal involved in the crime;
?
the value of a replacement animal, the cost of training a replacement 
animal, or the cost of retraining the affected animal;
?
all related veterinary and care expenses; and
?
the medical expenses of the animal's user, the cost of training the user, 
and compensation for income lost by the user.
2005 WISCONSIN ACT 354
Act 354 was introduced as 2005 Senate Bill
157 by Senator Mark Miller. Act 354 conforms
the state public accommodations law to the
federal Americans with Disabilities Act by
providing for equal access to a public accommodation
by a person with a disability who is
accompanied by a service animal. A "service
animal" is defined in the act as a guide dog,
signal dog, or other animal that is individually
trained or being trained to do work or perform
tasks for the benefit of a person with a disability.
Public accommodations are places such as
lodging establishments, restaurants, and other
places of business or recreation.
Previous law prohibited a public accommodation
from refusing to permit entrance
into, or use of, the accommodation by a person
with a disability who is accompanied by a specially
trained dog or by a trainer of such a dog
if the dog is wearing a harness or leash and
special cape, and if the person presents credentials
issued by a school for training dogs. Act
354, in addition, prohibits a public accommodation
from otherwise denying the full and
equal enjoyment of the accommodation to a
person with a disability or to a service animal
trainer because he or she is accompanied by a
service animal, charging a higher price for the
enjoyment of the accommodation, and distributing
written communications to make it
known that patronage by a person with a disability
or a trainer who is accompanied by a
service animal is unwelcome or will be denied.
The act also provides that, while a person
accompanied by an animal may be asked
whether the animal is a service animal, a person
with a disability is not required to produce
documentation on himor
herself or the animal.
Under the act, a service animal is required
to wear a harness or leash and special cape
only when accompanied by a trainer and only
a trainer may be required to produce documentation
for a service animal.
The only time a service animal may be
excluded from a public accommodation is
when accommodation of the animal would
result in a "fundamental alteration" in the
nature of the accommodation or would jeopardize
its safe operation. If the animal must be
separated from its user, the user is responsible
for arranging care and supervision for the animal
during the separation.
Finally, Act 354 requires a public accommodation
to modify its policies, practices, and
procedures to ensure that a person using a service
animal is not separated from the animal,
that the animal may accompany the person to
all areas that are open to the general public,
and that the person is not segregated from
other patrons.
EFFECTIVE DATE
2005 Wisconsin Acts 353 and 354 took
effect May 3, 2006.
FOR FURTHER INFORMATION
View a copy of 2005 Wisconsin Acts 353
and 354 at www.legis.state.wi.us.
----- Original Message ----- 
From: "Marion & Martin" <swampfox1833 at verizon.net>
To: "NAGDU List" <nagdu at nfbnet.org>
Sent: Sunday, November 08, 2009 5:18 AM
Subject: [nagdu] update on Minnesota Guide Dog Attack

>
> Dear All,
>    You may remember the story that was circulated through this list a 
> couple of months ago about a woman who kicked a guide dog at a WalMart. 
> After reading the story, I contacted Lolly Lijewski to see what assistance 
> NAGDU could be for her. Here is an update on the issue.
>
> Fraternally yours,
> Marion Gwizdala
>
>
>
> For those who are interested in following the story, or in attending the 
> upcoming hearing for Victoreen Madison, the woman who assaulted Brook, my 
> Seeing Eye Dog, the hearing is scheduled for Thursday, November 19, at 
> 8:30.  The location is 401 4th Avenue in Minneapolis, room 141.
>
>
>  If you plan to attend, there are some things to know:
>
>  It is very possible she won't come.
>
>  The authorities will likely give her until 11 or 12 o'clock to show up. 
> This means it's a "hurry up and wait," scenario.
>
>  There will be other cases that are scheduled to be heard that morning as 
> well.
>
>  If she doesn't come, a "bench warrant," will be issued for her.  This 
> means that if she commits any crimes in the future, she can be brought in 
> on this charge, but the police will not go knocking on her door. 
> Additionally, if she is on probation for any past crimes, she can be 
> brought in to face this charge.
>
>
>
>  I will have the opportunity to make a "victim's impact statement," which 
> I plan to do.
>
>
>
>  Other service dog handlers can also submit victim's impact statements to 
> the City Attorney's office.  They will pass them on to the judge who is 
> scheduled to handle the case.  Some judges take these statements into 
> account, and some don't, when handing down a sentence.
>
>
>
>  I asked the City Attorney to ask for community service in this case, if 
> Ms. Madison shows any remorse for her action.
>
>
>
>  Ms. Madison will be assigned a public defender.
>
>
>
>  If she comes to the hearing on the 19, and pleads guilty, the judge will 
> pass down a sentence at that time.  If she shows up, but pleads innocent, 
> there will be a trial.
>
>
>
>  If you are interested in submitting a victim's impact statement, please 
> reply to me at lijewski_6 at q.com and I will pass on the information on 
> where to send it.
>
>
>
>  Thank you for your interest, and your support!
>
>
>
>  Lolly and Brook
>
>
>
>
>
>
>
>
>
>
>
>
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