Question:
I thought it was illegal to ban a service dog, but here is a school doing it.
found here ((get them to add the rogers to rogers calling for free when you speak)
The only thing I'm wondering is if its an officially trained service dog or not.
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The site didn't pop up for me.....
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The Soccer field here doesnt allow service dogs...They are asking for a big lawsuit because they have refused 2 different people who needed thier dogs.
It makes my cranky:mad:
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I dont see anything
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I can't see that article, but it would be illegal if they had banned a true service dog.
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sorry Try this link
http://cbs4boston.com/local/local_story_228194202.html
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wow thats horrible! I dont even know what to say, if the dog DID growl at the kids hey was probably overwhelmed and the school should educate the children about not getting too excited about the pup.
What im probably thinking that happened is that the children went nuts trying to pet the dog when he came and and in he became nervous that he was unable to care for the girl and growled to get everyone away
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I can understand the school's concern, it would not be good if the dog bit a little kid. They sound very understanding and only request that the dog is trained a little more.
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Thats just it though, it the dog was just overwhelmed it was the teachers fault for letting it get that way, but we cannot know from this article.
It is not there CHOICE, if its an officially trained service dog they are legally required to let the dog into the building, they have no choice in the matter at all!
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Thats just it though, it the dog was just overwhelmed it was the teachers fault for letting it get that way, but we cannot know from this article.
exactly, you're guessing that's what happened.
It is not there CHOICE, if its an officially trained service dog they are legally required to let the dog into the building, they have no choice in the matter at all!
if it IS a trained service dog, if should get a big fat 'F' and go back to service dog school. it really sounds as though you value the dog's treatment as a service dog more than the safety of the girl's classmates, and i doubt that you are intentionally being that obtuse.
:cool:
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Of course not, I value the childrens safety, but if this is a trained service dog, who just happened to growl because it was scared that one time, it still does not give them the legal right to not allow this dog into the school.
Like I said, they are legally required to let the dog in it he's a registered service dog. They have no choice in the matter and are opening themselves up to a lawsuit if they do not let a trained service dog onto the property.
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i have to say i agree with mist that the dog could have done it out of over welment, growling is a warning in dog language and to be honest that what i think it was doing
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The school said they'd be more than happy to allow the little girl to have her guide dog...provided it gets more training (so it won't growl/bark at the other children).
The dog was probably overwhelmed and thought it was protected the girl from hurting herself. I mean, the dog is trained to help the girl and try to keep her from hurting herself.
However, if it's possible to train the dog to be calm around a large group of kids AND have the kids realize they can not pet/surround the dog while it's working then all will be well again. Basically the school needs to educate it's kids and teachers about the guide dog and what they can and can not do while it's "working". The dog should not growl, even if it does get overwhelmed. If anything, I would think the dog would remove itself AND the girl from the situation (get away from the group of children). What did the dog do when a teacher approached? I'd like to know the answer to that one myself.
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1. Legislative declaration. (1) Hereby declaring that it is the policy to encourage and enable the blind, the visually impaired, the deaf, the partially deaf, and the otherwise disabled to participate fully.
(2) The goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self sufficiency for such individuals. The use of Assistance dogs by these individuals helps facilitate the accomplishment of these goals and should be permitted and encouraged.
2. Definitions. (1) As used in this part, unless the context otherwise requires:
(a) "Assistance Dog" means a dog that has been or is being trained as a Guide Dog, Hearing Dog, or Service Dog. Such terms are further defined as follows:
(I) "Guide Dog" means a dog that has been or is being specially trained to aid a particular blind or visually impaired person.
(II) "Hearing Dog" means a dog that has been or is being specially trained to aid a particular deaf or hard of hearing person.
(III) "Service Dog" means a dog that has been or is being specially trained to aid a person with a disability other than sight or hearing.
(b) "Places of Public Accommodation" means:
(I) Inns, hotels, motels, or other places of lodging, except for establishments located within buildings that contain five or fewer rooms for rent or hire, and that are actually occupied by the proprietor as the proprietor's residence;
(II) A restaurant, bar, cafeteria, lunchroom, lunch counter, soda fountain, casino, or other establishments serving food or drink, including any such facility located on the premises of any retail establishment;
(III) a gasoline station, or garage;
(IV) A motion picture house, theater, billiard or pool hall, skating rink, swimming pool, concert hall, sports arena, stadium, amusement and recreation park, fair, or other place of exhibition or entertainment;
(V) An auditorium, convention center, lecture hall, or other place of public gathering;
(VI) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(VII) A laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, clinic, dispensary, hospital, or other service establishment;
(VIII) A terminal, depot, or other station used for specified public transportation,
(IX) A museum, library, gallery, or other place of public display or collection;
(X) A park, zoo, amusement park, or other place of recreation;
(XI) A nursery school or elementary, secondary, undergraduate, or postgraduate private school or other place of education;
(XII) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment;
(XIII) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation;
(XIV) Any other establishment or place to which the public is invited.
(XV) Any establishment physically containing or contained within any of the establishments described in paragraphs (I) - (XIV) inclusive which holds itself out as serving patrons of the described establishment.
(d) "Housing accommodations" means any real property or portions thereof that is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings, but does not include any single-family residence, the occupants of which rent, lease, or furnish for compensation to more than one room therein.
(e) "Employer" means the State or any political subdivision, commission, department, institution or school district thereof and every other person employing persons within the State; but it does not mean religious organizations or associations, except such organizations or associations supported in whole or in part by money raised by taxation or public borrowing.
(f) An "Individual with a Disability" is the same as defined in the Americans with Disabilities Act 1991, including but not limited to, the blind, visually impaired, deaf, hard of hearing, or otherwise disabled.
3. Right to use of public facilities and services. (1) An "Individual with a Disability" the blind, visually impaired, deaf, hard of hearing, or otherwise disabled has the right to be accompanied in or on public streets, highways, walkways, public buildings, public facilities and services, and other public places with an assistance dog specially trained for that person without being required to pay an extra charge for the assistance dog.
(2) A person, whether or not he is blind, visually impaired, deaf, hard of hearing or otherwise disabled, has the right to be accompanied in or on public streets, highways, walkways, public buildings, public facilities and services, and other public places with an assistance dog being trained by that person without being required to pay an extra charge for the assistance dog.
4. Right to full and equal access to places of public accommodations.
(1) "Individuals with a Disability" including but not limited to, the blind, visually impaired, deaf, hard of hearing, or otherwise disabled have the right to be accompanied by an assistance dog trained for that person in any place of public accommodation without being required to pay an extra charge for the assistance dog.
(2) A person, whether or not he is blind, visually impaired, deaf, hard of hearing or otherwise disabled, has the right to be accompanied in any place of public accommodation by an assistance dog being trained by that person without being required to pay an extra charge for the assistance dog.
5. Right to Full and Equal access to transportation. (1) It is unlawful for a common carrier of passengers or other means of public conveyance or transportation operating in this state, including but not limited to motor vehicles, taxis, airplanes, railroad trains, motor buses, streetcars, boats, buses, or other modes of transportation, to refuse service to an "Individual with a disability", because said person is accompanied by an assistance dog; or charge an additional fee for such assistance dog.
(2) A person, whether or not he is blind, visually impaired, deaf, hard of hearing or otherwise disabled, has the right to be accompanied in any common carrier or other means of public conveyance or transportation operating in this state, including but not limited to motor vehicles, taxis, airplanes, railroad trains, motor buses, streetcars, boats, buses, or other modes of transportation, by an assistance dog being trained by that person without being required to pay an extra charge for the assistance dog.
(3) An "Individual with a disability" accompanied by an assistance dog are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.
6. Right to Full and Equal Housing Accommodations. (1) A Landlord may not refuse to rent, lease or sublet any housing accommodation solely because an assistance dogs will be residing with the prospective tenant of the housing accommodation.
(2) Places providing Housing accommodations shall make reasonable modifications in policies, practices and procedures including but not limited to allowing an "Individual with a disability" to be accompanied by an Assistance Dog, especially trained or being trained by that person without being required to pay an extra charge for the Assistance dog.
(3) A landlord may require proud that a dog is an assistance dog. A landlord shall accept as evidence that a dog is an assistance dog, identification cards, other written documentation, presence of harness or markings on harnesses, tags, or the credible verbal assurances of the disabled individual using the dog.
(4) Nothing herein shall be construed as requiring an owner of any housing accommodation to make any physical modifications to any property for the purpose of accommodating an assistance dog.
7. Right to full and equal access to places of employment. (l) It is an unlawful employment practice for any employer, labor organization or joint labor-management committee to discriminate against persons with a disability by interfering, directly or indirectly, with the use of an aid or appliance, including an assistance dog by such a person.
(2) It is an unlawful employment practice of an employer, directly or indirectly, to refuse to permit an employee with a disability to keep his assistance dog with him at all times in his place of employment.
8. Violations - criminal penalties. (1) It is unlawful for any person, firm, corporation, or agent of any person, firm, or corporation to:
(a) Withhold, deny, deprive, or attempt to withhold, deny or deprive any other persons of any of the rights or privileges secured in sections of this part;
(b) Intimidate, threaten, coerce, or attempt to threaten, intimidate or coerce any other person to interfere with any of the rights or privileges secured by sections of this part;
(c) Punish or attempt to Punish any person for exercising or attempting to exercise any right or privilege secured by sections of this part;
(d) Interfere with an assistance dog or an assistance dog in training;
(e) Allow another dog to injure an assistance dog or an assistance dog in training.
(2) Any person who knowingly or with criminal negligence violates any of the provisions of this subsection (1) shall be guilty of a class 3 misdemeanor.
9. Civil Penalties. (1) Any person who violates any provision of this part shall be liable to the person whose rights were affected for actual damages for economic loss to be recovered in a civil action in a court in the county where the infringement of rights occurred or where the defendant resides.
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thought id clarify ;)
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That's all fine and dandy BUT the dog did growl/bark at the other children. He needs to be taught that it's ok for other kids to be around otherwise the other parents will get highly upset if their child is bitten by a service dog (or any dog) that's been allowed onto school property knowing he showed signs of agression before (even if he was overwhelmed).
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That's all fine and dandy BUT the dog did growl/bark at the other children. He needs to be taught that it's ok for other kids to be around otherwise the other parents will get highly upset if their child is bitten by a service dog (or any dog) that's been allowed onto school property knowing he showed signs of agression before (even if he was overwhelmed).
Thing is if the dog was not comfortable in that situation and was not meeting standards of a final eval, and displaying emotions or actions of being overwhelmed it should not have been certified, passed or deemed to be a service dog in the 1st place, so I have to lean towards the defendants here and say it posed a hazard, and the liability lies truly in the hands of the person who certified, evaluated and passed the dog deeming it as a service dog, when it was clearly unfit for the duty.
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I just said that but without the "legal jargon". :)
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Thing is if the dog was not comfortable in that situation and was not meeting standards of a final eval, and displaying emotions or actions of being overwhelmed it should not have been certified, passed or deemed to be a service dog in the 1st place, so I have to lean towards the defendants here and say it posed a hazard, and the liability lies truly in the hands of the person who certified, evaluated and passed the dog deeming it as a service dog, when it was clearly unfit for the duty.
I agree. And I doubt that the school would be sued for keeping him out under those circumstances. There is such a thing as the "spirit" of the law vs. the "letter" of the law. If they judged by his growling that he posed a threat, they should be within their right to do what they see necessary to protect the children. If he is trained to protect his charge and growl, then that should be disclosed up front and proper measures be adopted to ensure that the children don't converge on him and his charge in a threatening way. But I doubt that was the case. I think he needs more training in crowds like that.
