[nagdu] Local business asks service dog to leave

Thu Mar 3 15:25:31 UTC 2011

Dear All,
    Another interesting aspect of this article is at the end. The clinic 
director asserts "in a setting surrounded
by doctors, they are simply not needed." Guidance from the CDC specifically 
states, "

Health-care personnel may not exclude a service animal because health-care 
staff may be able to perform the same services that the service animal does 
(e.g., retrieving dropped items and guiding an otherwise ambulatory person 
to the restroom). Similarly, health-care personnel can not exclude service

animals because the health-care staff perceive a lack of need for the 
service animal during the person's stay in the health-care facility. A 
person with a disability is entitled to independent access (i.e., to be 
accompanied by a service animal unless the animal poses a direct threat or a 
fundamental alteration in the nature of services); "need" for the animal is 
not a valid factor in either analysis.

If what this article reports, the clinic violated this person's civil rights 
under the ADA. Now, if the person chooses to file a complaint against the 
doctor, the person must demonstrate that they are a lperson with a 
disability and then must demonstrate that the dog meets the definition of a 
service animal.

Fraternally yours,
Marion Gwizdala

----- Original Message ----- 
From: "Ginger Kutsch" <gingerKutsch at yahoo.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Thursday, March 03, 2011 8:55 AM
Subject: [nagdu] Local business asks service dog to leave

> Local business asks service dog to leave
> Reporter - Lauren Adams
> Story Created: Mar 2, 2011 at 4:54 PM CST
>
> PADUCAH - Eric Tabor's small black and tan daschund can fetch and
> even give a high-five.   And there's one other thing that might
> impress you: Georiga even knows how to save her owner's life.
>
>
> Eric Tabor said it all started last year. "She laid her head on
> my shoulder, directly over my heart."
>
> Tabor ignored it but Georgia kept at it.
>
> Eventually, he caved and went to his doctor.  Turns out Tabor had
> an irregular heartbeat and needed a pacemaker.
>
> "She's an amazing little dog," Tabor said.
>
> In the year since, Georgia has not left his side. Tabor also
> suffers from seizures and sleep apnea, which means he can stop
> breathing during his sleep.
>
> Because of her abilties to detect certain health problems and
> alert others when Tabor is in danger, she is now considered a
> service dog.
>
> "They're actually put out by the Department of Justice," Tabor
> said of the tags she wears on a bright pink harness.
>
> He said that tag was all but ignored Tuesday.
>
> "I just know its not right."
>
> He had come to Comprehensive Premier Medicine for a checkup with
> Georgia by his side.
>
> "They told me I could not have her. That it was against their
> health regulations, their laws for the clinic."
>
> But Georgia is covered under Federal Law.  Under the Americans
> With Disabilites Act, "service dogs must be allowed to go
> anywhere their handler goes."
>
> Also under the law, "It is illegal to ask for any special
> identification from Service Dog partners.  Some carry ID cards
> and may present them voluntarily."
>
> Tabor said he tried to present the tag. Even still, he was asked
> to take Georgia elsewhere.
>
> On Wednesday, the clinic defended their decision, saying the dog
> posed a health risk to other patients.
>
> Tabor said the biggest risk is not having Georgia.
>
> "It's a security thing. I need her."
>
> Tabor, as it turns out, is moving to South Carolina next week and
> it is likely he will not even be back to the clinic in question.
> But he wanted to change things for other people with service
> animals.
>
> Clinic owner Dr. Robert Meriwether said he regrets upsetting
> Tabor but stands by his decision.  He said he understands the
> importance of service animals but added in a setting surrounded
> by doctors, they are simply not needed.
>
> So, what do you think? Should Tabor get to keep Georgia with him,
> even at the clinic? Or was the clinic right to refuse? Join the
> conversation below.
>
> Kelley Wiseman7:17 am
> Absolutley Yes!!!! They cannot legally be refused. Can you say
> big time lawsuit that a dead ringer win....or at least I would if
> I was him
> Message
> Martha Stamper5:58 am
> Yes Tabor should have been allowed to have the dog with him at
> anytime and anywhere. The Clinic was wrong and should be taken to
> court over the matter since the dog was legal to have with the
> man under Federal Law.Dr. Meriwether should be brought up for
> violation of the mans rights under Federal law. This dog did not
> cause any health risk to other patients, just the opposite would
> have been experienced since patient jitters before seeing the
> doctor may have been reduced by the presents of the dog. How mean
> of this so-called doctor! The clinic should be shut down if no
> more care about patients is shown than this!
> Message
> Elaine Lake1:20 am
> As others have said, the DOJ does not put out any type of service
> animal tags PERIOD!
> The doctor cannot make up his own rules for his clinic. I do not
> think that Dr. Merriweather is going to help with my wheelchair
> movement, pick up items that I drop, help with my transfer from
> my wheelchair to the toilet or any of the other tasks that my
> service dog does. Also service animals can be medical alert dogs
> and alerting to a medical condition is not normally a trained
> task. As Mr. Tabor stated, Georgia does alert and respond to his
> sleep apnea and his seizures. That makes her a service dog under
> the law provided Mr. Tabor is considered disabled by the ADA
> definition.
> Message
> Steffeny Muller12:42 am
> Service Dogs have to be specifically task trained to mitigate a
> disability. Alerting to a problem is not considered a task. High
> fives are not condiered a task to mitigate a disability. It seems
> that she may be a good dog to have around, but there is nothing
> she is trained to do to help Mr. Tabor. Therefore she is not a
> Service Dog and not covered by he ADA. By the Way, the DOJ does
> not put out any sort of tag, patch or other certifications for
> Service dogs. Please people do the research!
> Message
> Erica RodmanMar 2
> "They're actually put out by the Department of Justice," Tabor
> said of the tags she wears on a bright pink harness.
>
> I really wish people would fact-check. The DOJ does not issue any
> sort of "tag" for service dogs.
> Message
> Bethany McCartyMar 2
> That's crazy - the dog should have been allowed regardless!
> Message
> Francine JohnsonMar 2
> The Justice Department most certainly DOES NOT put out tags for
> service dogs, and to report as such is irresponsible journalism.
> Message
> Mandy BrianMar 2
> Service animals are those for a reason and yes they should
> definitely be allowed anywhere and everywhere. If the owner's
> didn't have to have them then they wouldn't be considered service
> animals.
> Message
> Mike SpencerMar 2
> "Their Health Regulations"? Their Laws"? Sorry Dr. Meriweather.
> You can't make laws concerning service animals. The dog was
> probably cleaner than half of your patients. Maybe you could
> avoided all this and rushed Mr. Tabor's appointment and got him
> out of there and everybody would be happy.
> Message
> Dwain H KochMar 2
> As a disabled person, I find the clinics actions highly
> offensive. Someone coming to the clinic with a cold has a greater
> chance of causing an infection than this service dog.
> Message
> Pj Horst McconougheyMar 2
> I can't choose sides as once again there are two views, neither
> one of them totally right or wrong. If she is indeed a service
> dog and indeed goes with Mr Tabor everywhere then the doctor
> appears to have made a wrong choice. One does have to wonder what
> would he have done with a seeing eye dog or a dog for the deaf.
> Bud do I think he did it to hurt anyone? No I don't. The doctor
> made a decision to protect all of his patients including Mr
> Tabor. A question also must be asked is this the first time this
> has happened. Has it happened in other clinics? How does a clinic
> handle the service dog and their other patients? How can this
> problem be remedied? What can the doctor/clinic and the service
> dog owner do to alleviate this problem for I really doubt this is
> the first time for this and if it is it probably won't be the
> last unless something is done.
> Message
> Vickie BryanMar 2
> I think that it was wrong. If Mr Tabor had been blind and Georgia
> had been a seeing eye dog, would the clinic have asked him to
> leave?
> Message
> Wanda Donson HallMar 2
> I think Mr. Tabor should file a complaint with the ACLU. The
> doctor's opinion about whether the service dog was needed or not
> does not matter. The law is very clear & the doctor clearly broke
> the law - he should be held accountable. What if Mr. Tabor had
> been blind & his dog was a seeing-eye dog - would Dr. Meriwether
> have refused to allow the dog in his clinic? The only difference
> between a service dog & a seeing-eye dog is the services they
> perform. SHAME ON DR. MERIWETHER!!!
> Message
>
>
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