I hope he wins! - German Shepherd Dog Forums
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post #1 of 15 (permalink) Old 12-22-2011, 08:53 AM Thread Starter
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post #2 of 15 (permalink) Old 12-22-2011, 12:38 PM
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That is just too sad. The dog never even threatened anyone. I'm thinking the town is in for a rude awakening about federal law.
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post #3 of 15 (permalink) Old 12-23-2011, 01:56 AM Thread Starter
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I am glad he is willing to go through the hassle and bring the case. That is some silliness that needs to stop.
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post #4 of 15 (permalink) Old 12-23-2011, 12:01 PM
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Interested parties - keep your eye on this case as it is expected to become a landmark case.

It may be in direct violation of Dept. of Justice when the revised ADA addressed the issue of breeds of dogs being used as SDs. Breeds that are banned in any area are exempt.

The problem will be -- can the handler prove that his dog was trained to mitigate his disability? A very good point brought up by my friend Kirsten Richards, owner of Service Dog Central, is that the dog is 5 years old and owned by the handler since a pup. The owner's stroke happened 3 years ago so is the dog owner trained? Or as was mentioned at least once that the dog is a *certified* SD in which case certified by whom? Was this another case of certification via the Internet in which case the handler will have the burden of proof completely on his shoulders.

If owner trained, can the handler prove to the satisfaction of the court:
Is the dog acting on training (obeying cues) and not on instinct?
Can the owner demonstrate the training to the judge's satisfaction?
Did this individual keep any type of training logs or other documentation?

If certified by a trainer or agency:
Will this trainer or agency stand behind their certification in court?
Can this trainer or agency supply documentation of training?

These cases are not always clear cut and why final decisions can go either way in the legal system. Breed ban discrimination will not hold up in court if the dog is found to be a SD via the legal system so it will fall on that point. Is this dog a SD per the ADA or is it just a well trained house pet owned by a disabled person?

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


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post #5 of 15 (permalink) Old 12-23-2011, 12:11 PM
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I shared this via BADRAP through my facebook page.
Although, I completely agree with the points that ILGHAUS brought up; too many "service dogs" are not service dogs ie: trained or certified. My friend was bit in the face (with punctures and bruises) by a mastiff that allegedly was a service dog. Um, service dogs don't resource guard their owners in my understanding of the term: service dog.

I do take issue with idiots coming up with Breed Ban Legislation rather than swift and harsh penelties on animal abuse and people that fight dogs. That's "lazy legislation"

Seriously, if you look up penelties for the most horrific animal abuse cases they are pretty much a slap on the wrist.

I'm pulling for Jim.
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post #6 of 15 (permalink) Old 12-23-2011, 03:24 PM
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I'm ashamed my fellow Iowans would go for this crap. Unbelievable to me.
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post #7 of 15 (permalink) Old 12-23-2011, 07:38 PM
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Iowa State Law does not mention exceptions of SDs from breed bans .... so the defense of this dog will rest solely on the Fed. requirements of being considered a SD.

So now the questions looming are:
1) Who certified the dog? (Handler stated the dog was certified.)
2) Is there any documentation showing training?
3) Can the handler demonstrate in Court the dog's "Trained Tasks"?

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


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post #8 of 15 (permalink) Old 12-23-2011, 10:02 PM
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It's on the news right now... will update in a minute..
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post #9 of 15 (permalink) Old 12-23-2011, 11:18 PM
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Here is the newcast from tonight on this issue:


It was taken from my cell, sorry for the poor quality.
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post #10 of 15 (permalink) Old 12-24-2011, 12:03 AM
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Thanks chelle for the link.

What we were afraid of -- National Service Animal Registry. Not a certifying agency with testing, evaluation, and scoring. Internet pay and sign up.

Have to remember that certification is not a requirement. Organizations certify their dogs according to their own in-house requirements and standards.

There are on-line places to go where you can buy a certification with just a few clicks and a valid credit card.

------------------------------------------------------------
Quote:
Yes, You Can Take Your Dog With You!
It's no secret that many businesses simply aren't pet-friendly, even though most of the population is. A large number of our clients register their dogs as Certified Service Animals not just to accompany them into stores, restaurants, motels, or on airline flights (for no extra cost), but to successfully qualify for housing where pets aren't allowed. Our Service Dog Certification documents formalize and simplify these processes and make qualifying for special housing hassle-free. If you and your service dog become certified with NSAR, both of you are immediately protected under federal law (ADA).

http://nsarco.com/

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


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Last edited by ILGHAUS; 12-25-2011 at 02:29 AM. Reason: Came back to add info & link
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