[nagdu] Access problems in San Diego

Wed Jan 12 21:31:27 UTC 2011

Dear Lyn,

The Community Liaison Officer is right in that the police do not
have the authority to enforce a civil law. They can remind a
business owner of legal responsibilities, but the person who has
experienced discrimination must initiate any legal action.

However, some states, like California,  have laws that make it a
criminal offense to deny access to a person who uses a service
animal. This means that the police have the authority to enforce
this type of law. Apparently the officer is unaware that
California makes it a crime to deny access. 

I recommend that you contact the officer yourself and explain
that you've learned that CA PENAL CODE SECTION 365.5 is a
criminal law that protects your rights and that you would like
the police to press charges against the business owner. 

Here's a copy of the statute for your convenience:

365.5.  (a) Any blind person, deaf person, or disabled person,
who
is a passenger on any common carrier, airplane, motor vehicle,
railway train, motorbus, streetcar, boat, or any other public
conveyance or mode of transportation operating within this state,
shall be entitled to have with him or her a specially trained
guide
dog, signal dog, or service dog.
   (b) No blind person, deaf person, or disabled person and his
or
her specially trained guide dog, signal dog, or service dog shall
be
denied admittance to accommodations, advantages, facilities,
medical
facilities, including hospitals, clinics, and physicians'
offices,
telephone facilities, adoption agencies, private schools, hotels,
lodging places, places of public accommodation, amusement, or
resort,
and other places to which the general public is invited within
this
state because of that guide dog, signal dog, or service dog.
   (c) Any person, firm, association, or corporation, or the
agent of
any person, firm, association, or corporation, who prevents a
disabled person from exercising, or interferes with a disabled
person
in the exercise of, the rights specified in this section is
guilty
of a misdemeanor, punishable by a fine not exceeding two thousand
five hundred dollars ($2,500).
   (d) As used in this section, "guide dog" means any guide dog
or
Seeing Eye dog that was trained by a person licensed under
Chapter
9.5 (commencing with Section 7200) of Division 3 of the Business
and
Professions Code or that meets the definitional criteria under
federal regulations adopted to implement Title III of the
Americans
with Disabilities Act of 1990 (Public Law 101-336).
   (e) As used in this section, "signal dog" means any dog
trained to
alert a deaf person, or a person whose hearing is impaired, to
intruders or sounds.
   (f) As used in this section, "service dog" means any dog
individually trained to do work or perform tasks for the benefit
of
an individual with a disability, including, but not limited to,
minimal protection work, rescue work, pulling a wheelchair, or
fetching dropped items.
   (g) (1) Nothing in this section is intended to affect any
civil
remedies available for a violation of this section.
   (2) This section is intended to provide equal accessibility
for
all owners or trainers of animals that are trained as guide dogs,
signal dogs, or service dogs in a manner that is no less than
that
provided by the Americans with Disabilities Act of 1990 (Public
Law
101-336) and the Air Carrier Access Act of 1986 (Public Law
99-435).
   (h) The exercise of rights specified in subdivisions (a) and
(b)
by any person may not be conditioned upon payment of any extra
charge, provided that the person shall be liable for any provable
damage done to the premises or facilities by his or her dog.
   (i) Any trainer or individual with a disability may take dogs
in
any of the places specified in subdivisions (a) and (b) for the
purpose of training the dogs as guide dogs, signal dogs, or
service
dogs. The person shall ensure that the dog is on a leash and
tagged
as a guide dog, signal dog, or service dog by an identification
tag
issued by the county clerk or animal control department as
authorized
by Chapter 3.5 (commencing with Section 30850) of Division 14 of
the
Food and Agricultural Code. In addition, the person shall be
liable
for any provable damage done to the premises or facilities by his
or
her dog.

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]
On Behalf Of Lyn Gwizdak
Sent: Wednesday, January 12, 2011 12:50 PM
To: NFBnet NAGDU Mailing List,the National Association of Guide
Dog Users
Subject: [nagdu] Access problems in San Diego

Marion,
Below is a response my friend, Lisa, got from the police here
when she asked them what recourse we had in response to an access
denial in a business here.

She emailed the officer on my behalf after I told her about an
incident of denial of access in this guy's business because of my
guide dog. the guy appeared to be Arab by his accent and he
didn't care if he was violating the law - NO DOG.  I called my
City Councilmember.  they gave me the number for San Diego
Disability coordinator's office.  they said they only intervene
if the access denial happened in a City owned building or office.
they told me to go to the State AG office.  They were no help
either - no real person to talk to and no way to get one.  I
called the State CCB office and got someone from their guide dog
grooup.  they told me to talk to our police department.  And this
below is their response to the incident.

"the situation you described is not criminal and that is what the
Police Department deals with, Criminal matters.  What your friend
is experiencing is a Civil matter.  I attached some basic laws
that your friend with the Guide Dog should know or have been
told.  These are very common laws that even businesses should be
aware of.  There is a number at the bottom you can call for more
help.  Good luck!

Luis A. Roman
"Louie" 
Community Liaison Officer (820s) & Facilities Mid-City Division,
San Diego Police Dept.
4310 Landis Street, MS-785
San Diego, CA. 92105
Desk: (619) 516-3038 
Fax:   (619) 516-3058 
lroman at pd.sandiego.gov "

This officer then attached a copy of a "Question and Answer"
thing from the ADA.

My question is how to enforce the law here????  The incident
occured in early December while I was downtown before an
appointment.  The store owner now thinks it's OK to keep service
dogs out and that it is OK to do as he pleases in regards to
obeying the laws of this country.

Any California listers who read this - what do you recommend I
do?

Lyn and Landon

619-405-5554
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