[nagdu] Grant County among most jails state wide not allowingservice dogs

Thu Aug 14 19:22:51 UTC 2014

Moral of this story:  Stay out of jail if you have a service dog!

Lyn
"Asking who's the man and who's the woman in an LGBT relationship is like 
asking which chopstick is the fork" - Unknown
----- Original Message ----- 
From: "Michael Hingson via nagdu" <nagdu at nfbnet.org>
To: "'Nicole Torcolini'" <ntorcolini at wavecable.com>; "'NAGDU Mailing 
List,the National Association of Guide Dog Users'" <nagdu at nfbnet.org>
Sent: Wednesday, August 13, 2014 7:22 PM
Subject: Re: [nagdu] Grant County among most jails state wide not 
allowingservice dogs

> Nicole,
>
> Actually I suspect that no prison staff is going to take over the
> responsibility of caring for a service dog.  The people in our jails are 
> not
> likely to adhere to the same codes as you and I.  The guards and staff 
> have
> their hands full and will not take the significant amount of time required
> to manage even one service animal.
>
> In addition, preferential treatment is not going to be given to someone 
> who
> is deemed to be a risk to society, disability or not.  In other words, if
> usually two people share a cell you are not going to find that the prison
> will give a person using a service dog preferential treatment and give 
> them
> a cell by themselves.
>
> Finally, given the situations  no prison is going to want to take a risk 
> on
> someone inside taking the dog hostage or in some other way using the
> presence of the dog to create a dangerous situation.  No, I do not think 
> it
> likely nor feasible that a prison is going to permit a service dog inside.
>
>
> Best,
>
>
> Michael Hingson
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Nicole 
> Torcolini
> via nagdu
> Sent: Wednesday, August 13, 2014 06:20 PM
> To: 'Star Gazer'; 'NAGDU Mailing List, the National Association of Guide 
> Dog
> Users'; 'margo and isis'; 'Marion Gwizdala'
> Subject: Re: [nagdu] Grant County among mostjails statewide not
> allowingservice dogs
>
> JMHO, as with most news stories, there is a lot of information missing, so
> it is hard for any of us to give a very educated opinion. If a person has 
> a
> guide dog, a dog to help with a physical impairment, or a hearing dog, 
> then,
> yes, I think that the personnel at the prison would probably perform any
> duties that the dog would regularly perform, but it might require some 
> extra
> training. If it is a medical alert dog or a dog to help with something 
> like
> PTSD, then I think that the entire situation needs to be re-evaluated as a
> regular prison may not be a suitable place for the person. Whether or not
> the dog was then allowed to accompany the person in the alternative place
> would then depend on whether or not equivalent services could be provided.
> For example, I have heard that there is no way to detect with the same
> accuracy as a dog when a person is going to have a seizure. So, perhaps, 
> if
> someone had seizures and had a dog to alert for them, the person could 
> serve
> time somewhere besides prison and be able to keep the dog, with the
> understanding that the dog was necessary for the well being of the person.
> Getting back to the article, the person did not say what the disability 
> was,
> so it is hard to make any type of judgment.
>
> Nicole
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Star Gazer via
> nagdu
> Sent: Wednesday, August 13, 2014 8:33 AM
> To: 'margo and isis'; 'NAGDU Mailing List,the National Association of 
> Guide
> Dog Users'; 'Marion Gwizdala'
> Subject: Re: [nagdu] Grant County among mostjails statewide not
> allowingservice dogs
>
> Do we know this woman had a home? I mean, she may have been
> homeless, and committed a crime so that jail would become her new home.
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of margo and isis
> via nagdu
> Sent: Tuesday, August 12, 2014 4:50 PM
> To: 'Marion Gwizdala'; 'NAGDU Mailing List, the National Association of
> Guide Dog Users'
> Subject: Re: [nagdu] Grant County among most jails statewide not
> allowingservice dogs
>
> Then it would seem reasonable depending on the crime for the person to
> receive a sentence of home detention.
>
> Margo and Isis
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Marion Gwizdala
> via nagdu
> Sent: Tuesday, August 12, 2014 3:40 PM
> To: 'Julie J.'; 'NAGDU Mailing List, the National Association of Guide Dog
> Users'
> Subject: Re: [nagdu] Grant County among most jails statewide not
> allowingservice dogs
>
> Julie and All,
>
> The implementing regulations of Title II of the ADA state,
> "Individuals with disabilities shall be permitted to be accompanied by 
> their
> service animals in all areas of a public entity's facilities where members
> of the public, participants in services, programs or activities, or
> invitees, as relevant, are allowed to go." 28 CFR Section 35.136(G) Even 
> if
> it were construed otherwise, e.g., that the inmates were "invitees", these
> implementing regulations also state, "A public entity is not responsible 
> for
> the care or supervision of a service animal." 28 CFR Section 35.136(E) 
> While
> incarcerated, the inmates do not have the capacity to care for their 
> animal,
> such as relieving. JMHO!
>
> Fraternally yours,
> Marion
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie J. via
> nagdu
> Sent: Tuesday, August 12, 2014 12:11 PM
> To: Ginger Kutsch; NAGDU Mailing List, the National Association of Guide 
> Dog
> Users
> Subject: Re: [nagdu] Grant County among most jails statewide not
> allowingservice dogs
>
> Oh my!  I think what the Sherriff said is correct...that the public is not
> allowed back in the cells and therefore it isn't a place of public
> accommodation.  However, I think there is a much bigger reason.  When you 
> go
> to jail you are forfeiting many of your rights.  You are no longer free to
> choose how to spend your days, what food you'd like to eat, or who your 
> room
> mate might be.  You simply do not have the same rights and freedoms as a
> person on the outside.  To me, that would include the right to have a
> service dog.  Maybe I'm being unreasonable here and I could be totally 
> off,
> but it is my honest opinion.
>
> Julie
>
>
> -----Original Message-----
> From: Ginger Kutsch via nagdu
> Sent: Tuesday, August 12, 2014 9:41 AM
> To: NAGDU Mailing List,the National Association of Guide Dog Users
> Subject: [nagdu] Grant County among most jails statewide not 
> allowingservice
> dogs
>
> Grant County among most jails statewide not allowing service dogs
>
> By Justin Brimer,
>
> Herald staff writer | Posted: Monday, August 11, 2014
>
> CBH Columbia Basin Herald Local News
>
>
>
> EPHRATA - Grant County jailers recently denied an inmate's request to have
> her service dog join her in jail. The county is not alone, as few jails in
> the state have ever had an inmate make such a request.
>
>
>
> In a letter to the Columbia Basin Herald, Kimalee Delacruz said jailers 
> and
> a nurse at the jail denied her requests to allow her service dog in the
> facility.
>
>
>
> "In writing this, maybe I can finally get what I've wanted, an answer to 
> why
> I can't get my service dog in here," she stated in her letter.
>
>
>
> The Grant County Sheriff's Office answered her question in the form of an
> official policy banning service dogs from the jail, but allowing them in 
> the
> visitation area.
>
>
>
> "A jail environment is not an appropriate place for service animals. Under
> the Americans with Disabilities Act, state and local governments,
> businesses, and nonprofit organizations that serve the public generally 
> must
> allow service animals to accompany people with disabilities in all areas 
> of
> the facility where the public is normally allowed to go. The public is not
> normally allowed to enter the main confinement areas of a jail, and
> therefore a service animal is not allowed," Sheriff's Office spokesman 
> Kyle
> Foreman stated. He added jail officials are concerned about sanitation and
> feeding of the animal and states the jail is just not set up for dogs.
>
>
>
> Delacruz stated she has been in jail for a month and would not say why she
> needed the aid of a service dog.
>
>
>
> Grant County is one of the only jails in the state that has addressed this
> issue, according to research.
>
>
>
> Chelan County Jail Administrator Ron Wineinger said his facility has never
> had a request for service dogs and said he knows people other than the 
> blind
> need the assistance of service animals.
>
>
>
> "In 2014, we're not just talking about service dogs for the blind, but
> people dealing with Post Traumatic Stress Disorder, Diabetes, seizures all
> types of things," he said.
>
>
>
> "You know before you asked the question, I hadn't given it much thought, 
> but
> we just don't have the facilities," he said.
>
>
>
> Adams County Sheriff John Hunt echoed Wineiger's comments that the issue 
> has
> just not come up. He said if it did, he would ask the court to allow the
> disabled person to serve his or her time in home detention.
>
>
>
> Yakima County Detention Center Lieutenant Marty Cagle agreed jails are not
> set up for service dogs and her office would also ask the court that an
> inmate needing the assistance of a service animal be allowed to serve time
> under home monitoring.
>
>
>
> Even large jails in Spokane and Seattle have not had to deal with this
> situation.
>
>
>
> Steve Falcon, confidential secretary at King County Sheriff's Office, said
> that even though his facility has never had a request for service dog in 
> his
> tenure, he believes that like Grant County, service dogs are allowed in 
> the
> visitation area, but not in the inmate area.
>
>
>
> Karen Westberg, of the Spokane County Jail, said no one that she is aware 
> of
> has ever asked for a service animal in jail, but that guards monitor 
> inmate
> 24 hours a day and are equipped to deal with any medical emergency.
>
>
>
> Brenda Murphy, of Coyote Ridge Corrections Center in Connell, said that
> while her facility does send inmates to area animal shelters to socialize
> dogs to improve their adoption chances, service dogs are not allowed in
> prison.
>
>
>
> Foreman added the jail does not have the room to store dog food, and 
> inmates
> are not allowed to bring outside food into the jail. He said visitors are
> allowed to bring a service animal into the visitation area as long as it
> does not cause a problem with staff or other visitors.
>
> Source:
> http://www.columbiabasinherald.com/news/crime-fire/article_c0bb222e-1f4c-11
> e
> 4-a938-0019bb2963f4.html
>
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